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)

Tony Stauber, Associate | Gustafson Gluek PLLC

Tony Stauber is an associate at Gustafson Gluek 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. Mr. Stauber is currently part of the Gustafson Gluek team acting as co-counsel in such cases as In re Broiler Chicken Antitrust Litigation (N.D. Ill.) and In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the chicken and beef industries, respectively 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. In addition to antitrust, Mr. Stauber also practices in the arena of civil rights, including class actions and individual litigation.

Mr. Stauber is an active member of the Committee to Support the Antitrust Laws (COSAL), and currently serves as the Co-Chair of the Amicus Committee. In that role, Mr. Stauber has organized and drafted several amicus briefs on cutting-edge issues in antitrust law, including those involving algorithmic pricesetting. Mr. Stauber graduated magna cum laude from Mitchell Hamline School of Law and is an active member of the National Speech and Debate Association and the Minnesota State High School League as a speech and debate coach.

Bailey Twyman-Metzger, Associate | Gustafson Gluek PLLC

Bailey Twyman-Metzger is an associate at Gustafson Gluek 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. Ms. TwymanMetzger is a 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. She also practices in the areas of consumer protection and data breach litigation.

Ms. Twyman-Metzger is a 2018 cum laude graduate of the University of Minesota 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. Prior to joining Gustafson Gluek, Ms. Twyman-Metzger 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. She is an active member of the Committee to Support the Antitrust Laws (COSAL), Minnesota Lavendar Bar Association, and Minnesota Women Lawyers, and was most recently recognized as an Up & Coming Attorney by Minnesota Lawyer magazine for 2025.

I. The Sherman Act | 2:00pm – 2:10pm

II. Role of Information Exchanges in § 1 Conspiracies | 2:10pm – 2:20pm

• Per Se violations – plus factors
• Rule of Reason conspiracy to exchange information claims

III. Background Cases | 2:20pm – 2:30pm

IV. New Role of Information Exchange | 2:30pm – 2:40pm

• Third party conduits
• Algorithmic price-setting
• DOJ statements of interest

V. The Inconsistent Findings in Recent Case Law | 2:40pm – 2:50pm

VI. Conclusion | 2:50pm – 3:00pm