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Don’t Shoot the Messenger: Information Exchange and the Sherman Antitrust Act (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Gustafson Gluek PLLC)

Information exchanges in Sherman Act violations, covering direct competitor communications, third-party conduits, and algorithmic price-fixing developments.

2025-10-02 14:00:00

1 hours

Program Details

2025-10-02 14:00:00

2025-10-02 14:00:00

Over 1,000+ webinars

2025-10-02 14:00:00

1 hours

Program Details

2025-10-02 14:00:00

Program Details

2025-10-02 14:00:00

Over 1,000+ webinars

2025-10-02 14:00:00

1 hours

Course Overview

Information Exchange Under Sherman Act Scrutiny

2025-10-02 14:00:00

Participants will learn how courts analyze competitor communications and third-party conduits as evidence of antitrust conspiracies. Apply frameworks for evaluating information exchange liability in per se and rule of reason cases.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Sherman Act
Section 1 prohibits anti-competitive agreements; Section 2 prohibits monopolization attempts.
02
Per Se Violations
Price fixing, market allocation, and group boycotts are assumed unreasonable restraints.
03
Third-Party Conduits
Industry analysts, trade associations, and surveys can facilitate information exchange conspiracies.
04
Rule of Reason
Courts examine whether information is aggregated, anonymous, public, current, and reciprocal.
05
Algorithmic Pricing
RealPage and hotel cases show courts split on pricing algorithm conspiracy claims.
06
DOJ Approach
DOJ urges focus on competition impact rather than categorical information analysis.

Program schedule

clock 2:00 pm - 2:10 pm EST

Foundations of the Sherman Antitrust Act

This session introduces the Sherman Antitrust Act of 1890, the first federal legislation outlawing monopolistic and anti-competitive business practices. Participants will explore the distinction between Section 1 (anti-competitive agreements) and Section 2 (monopolization), along with the complementary Clayton Antitrust Act of 1914.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
clock 2:10 pm - 2:20 pm EST

Information Exchanges in Section 1 Conspiracy Claims

This session examines how information exchanges function within Section 1 conspiracies, covering both per se violations and rule of reason analysis. Attendees will learn how direct communications and third-party conduits serve as plus factors in price-fixing cases and the technical factors courts analyze when evaluating information sharing.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
clock 2:20 pm - 2:30 pm EST

Foundational Cases in Antitrust Information Exchange

This session reviews landmark cases establishing precedent for information exchange liability, including the CRT, Flash Memory, and Container Corp cases. Participants will understand how courts have historically evaluated factors such as aggregation, anonymity, public availability, and reciprocity of shared competitive data.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
clock 2:30 pm - 2:40 pm EST

Third-Party Conduits and Algorithmic Price-Setting Challenges

This session explores emerging antitrust issues involving third-party data aggregators like Agri Stats and algorithmic pricing tools like RealPage. Attendees will examine how courts are addressing hub-and-spoke conspiracies and the DOJ’s evolving stance on competition harm from modern information exchange mechanisms.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
clock 2:40 pm - 2:50 pm EST

Navigating Inconsistent Third-Party Conduit Liability Rulings

This session analyzes the conflicting judicial outcomes in recent third-party conduit cases, from the Broiler Chicken litigation to the RealPage and hotel pricing algorithm cases. Participants will explore why courts reach different conclusions on similar fact patterns and the key factors driving these divergent rulings.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
clock 2:50 pm - 3:00 pm EST

Key Takeaways and Future Antitrust Directions

This concluding session synthesizes the core lessons from the presentation, emphasizing the dual role of information exchanges and the unsettled state of the law. Attendees will leave with practical insights on how the DOJ’s neo-Brandeisian approach may reshape antitrust enforcement going forward.

Tony StauberTony Stauber
Bailey Twyman-MetzgerBailey Twyman-Metzger
Tony Stauber

Tony Stauber

Gustafson Gluek PLLC

Bailey Twyman-Metzger

Bailey Twyman-Metzger

Gustafson Gluek PLLC

Tony Stauber

Tony Stauber

Gustafson Gluek PLLC

Tony Stauber is an associate practicing in the firm’s antitrust group, representing individuals, consumers, and businesses in class action litigation challenging anticompetitive and illegal conduct by some of the largest institutions in the world. He also practices in the arena of civil rights, including class actions and individual litigation.

Education & Credentials

Graduated magna cum laude from Mitchell Hamline School of Law.

Professional Involvement

Active member of the Committee to Support the Antitrust Laws (COSAL) and currently serves as Co-Chair of the Amicus Committee, where he has organized and drafted several amicus briefs on cutting-edge issues in antitrust law, including those involving algorithmic pricesetting. Active member of the National Speech and Debate Association and the Minnesota State High School League as a speech and debate coach.

Experience

Currently part of the Gustafson Gluek team acting as co-counsel in cases such as In re Broiler Chicken Antitrust Litigation (N.D. Ill.), In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the chicken and beef industries, and Ray v. NCAA (E.D. Cal.), representing a certified class of former Division I athletics coaches who were victims of wage-fixing by the NCAA.
Bailey Twyman-Metzger

Bailey Twyman-Metzger

Gustafson Gluek PLLC

Bailey Twyman-Metzger is an associate practicing in the firm’s antitrust group, representing individuals, consumers, and small businesses harmed by multinational corporate giants in class action litigation nationwide. She is passionate about assisting her clients and the class members that they represent to preserve their rights in the face of wrongful corporate conduct. She also practices in the areas of consumer protection and data breach litigation.

Education & Credentials

2018 cum laude graduate of the University of Minnesota Law School, where she served as lead symposium editor for the Minnesota Journal of Law & Inequality and student director of the University of Minnesota Human Rights Litigation and International Legal Advocacy Clinic.

Recognition & Leadership

Recognized as an Up & Coming Attorney by Minnesota Lawyer magazine for 2025.

Professional Involvement

Active member of the Committee to Support the Antitrust Laws (COSAL), Minnesota Lavender Bar Association, and Minnesota Women Lawyers.

Experience

Member of the Gustafson Gluek team serving as co-lead counsel in cases such as In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the beef industry, and In re Fragrances Indirect Purchaser Antitrust Litigation (D.N.J.), pursuing collusion and price-fixing claims in the global fragrance and fragrance ingredients market. Prior to joining Gustafson Gluek, she worked in the area of international human rights, including on businesses and human rights and the economic harms associated with the denial of women's and LGBTQI human rights.
Tony Stauber

Tony Stauber

Gustafson Gluek PLLC

Tony Stauber is an associate practicing in the firm’s antitrust group, representing individuals, consumers, and businesses in class action litigation challenging anticompetitive and illegal conduct by some of the largest institutions in the world. He also practices in the arena of civil rights, including class actions and individual litigation.

Education & Credentials

Graduated magna cum laude from Mitchell Hamline School of Law.

Professional Involvement

Active member of the Committee to Support the Antitrust Laws (COSAL) and currently serves as Co-Chair of the Amicus Committee, where he has organized and drafted several amicus briefs on cutting-edge issues in antitrust law, including those involving algorithmic pricesetting. Active member of the National Speech and Debate Association and the Minnesota State High School League as a speech and debate coach.

Experience

Currently part of the Gustafson Gluek team acting as co-counsel in cases such as In re Broiler Chicken Antitrust Litigation (N.D. Ill.), In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the chicken and beef industries, and Ray v. NCAA (E.D. Cal.), representing a certified class of former Division I athletics coaches who were victims of wage-fixing by the NCAA.
Bailey Twyman-Metzger

Bailey Twyman-Metzger

Gustafson Gluek PLLC

Bailey Twyman-Metzger is an associate practicing in the firm’s antitrust group, representing individuals, consumers, and small businesses harmed by multinational corporate giants in class action litigation nationwide. She is passionate about assisting her clients and the class members that they represent to preserve their rights in the face of wrongful corporate conduct. She also practices in the areas of consumer protection and data breach litigation.

Education & Credentials

2018 cum laude graduate of the University of Minnesota Law School, where she served as lead symposium editor for the Minnesota Journal of Law & Inequality and student director of the University of Minnesota Human Rights Litigation and International Legal Advocacy Clinic.

Recognition & Leadership

Recognized as an Up & Coming Attorney by Minnesota Lawyer magazine for 2025.

Professional Involvement

Active member of the Committee to Support the Antitrust Laws (COSAL), Minnesota Lavender Bar Association, and Minnesota Women Lawyers.

Experience

Member of the Gustafson Gluek team serving as co-lead counsel in cases such as In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the beef industry, and In re Fragrances Indirect Purchaser Antitrust Litigation (D.N.J.), pursuing collusion and price-fixing claims in the global fragrance and fragrance ingredients market. Prior to joining Gustafson Gluek, she worked in the area of international human rights, including on businesses and human rights and the economic harms associated with the denial of women's and LGBTQI human rights.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
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GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.0
WY1.0

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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