Moderator:

• Richard Wolfram / Richard Wolfram, Esq.

Speakers:

• Stacey Mahoney / Morgan Lewis & Bockius
• Hon. Lawrence Stengel (Ret.) / Saxton & Stump

Presented by the Joint Conduct Committee.

This program will examine persistent questions and confusion over the correct application of the Matsushita summary judgment standard in antitrust conspiracy cases. The splits among and within circuits turn on the proper circumstances for applying the ‘tends to exclude the possibility of independent conduct’ test, as contrasted with the ‘reasonable jury’ standard of R. 56. The panel will examine this question through the lens of the sharply contrasting analyses of the majority and dissent in Valspar v. DuPont (3d Cir., 2017 – affirming sjgt) and in Titanium Dioxide (D. Md. 2013) (denying sjgt), decided on virtually identical facts. — ‘Mock’ oral argument form (one of the panelists was the dissenting judge in Valspar) followed by discussion.