Antitrust Trials As Morality Plays

WHATEVER YOUR AGE OR EXPERIENCE, an antitrust jury trial is a challenging endeavor. An antitrust trial, like all trials, is both a search for truth and a morality play; it requires a presentation that will both persuade a jury (which will, after all, decide how the play ends) and an appellate court; it depends on building trust, and preserving your credibility, with people who don’t know you, are rightfully suspicious of your motives, and are half the time listening to someone else whose purpose is to destroy your credibility; and it is a zero-sum game in which the issue is not whether evidence, an argument, or ruling helps or hurts you, but whether it helps or hurts you more or less than it helps or hurts your opponent. All of which is challenging enough.