White & Case Antitrust partner Eric Grannon participated in "Litigating Antitrust Cases Through Trial," a panel covered by the American Bar Association's Antitrust magazine, alongside fellow antitrust trial lawyers. The panel considered the practical challenges of taking antitrust matters through trial, from the choice between bench and jury trials to the development of trial narratives, opening statements, fact and expert witnesses, demonstratives, causation and class actions.
Clarity, credibility and fact-driven advocacy
Drawing on his experience in antitrust jury and bench trials, Eric discussed the value of compelling fact witnesses in conduct cases. He noted that line employees who can speak credibly about competing "in the trenches" may be particularly effective storytellers. Eric also discussed opening statements, supporting an approach that presents jurors with the central question they must decide while providing a clear roadmap to the significant testimony and documents they will see. He observed that fewer advocacy slides are often better, while displaying actual evidence, including key documents and trial testimony, can be a powerful visual tool.
Eric further highlighted causation and financial injury as important elements of an antitrust claim, rather than issues limited to calculating damages after liability. Referring to cases in which juries found an agreement but no causation, or awarded nominal damages, he explained that causation can provide a critical focus for defendants facing asymmetric trial risk. The panel also addressed how to make economic testimony understandable, assess expert credibility and adapt trial strategy when unexpected developments arise. The discussion underscored the importance of clear, credible and fact-driven advocacy at every stage of an antitrust trial.
Eric also discussed the importance of maximizing jury size for antitrust defendants and the advantages of special verdict forms. A prominent plaintiffs' class-action attorney closed the panel, observing "If Eric gets twelve jurors and gets the special verdict form that looks like an LSAT test, I am going to have a bad day. I just know it."
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