Washington, DC, March 30, 2011 — Daniel Kotchen participated today in a panel discussion at the American Bar Association, Antitrust Section’s annual Spring Meeting.

Mr. Kotchen addressed the extent to which public signaling and invitations to collude may violate Section 1 of the Sherman Antitrust Act. Drawing on his recent litigation experiences, Mr. Kotchen explained that collusive communications by public companies are not immunized from the antitrust laws merely because they are communicated through public channels. Mr. Kotchen explained that, in accordance with antitrust cases involving signaling, collusive communications through public channels that result in a common understanding among competitors violates Section 1 of the Sherman Act.

Two other panelists participated in the discussion: Geoffrey Green, a Deputy Assistant Director with the Federal Trade Commission, and Geoff Oliver, a partner with Jones, Day, Reavis & Pogue. The panel was moderated by Bruce McCulloch, a partner with Freshfields Bruckhaus Deringer.