Professors` Groundbreaking Analysis of Circumstantial Evidence of Antitrust Conspiracies Awarded Jerry S. Cohen Memorial Fund Writing Award

Thu Jun 21, 2012 2:27pm EDT

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Professors’ Groundbreaking Analysis of Circumstantial Evidence of Antitrust Conspiracies Awarded Jerry S. Cohen Memorial Fund Writing Award

Four professors today were awarded the prestigious 10th Annual Jerry S. Cohen Memorial Fund Writing Award for their groundbreaking analysis of circumstantial evidence of antitrust conspiracies. Established in memory of Jerry S. Cohen, a founding partner of Cohen Milstein Sellers & Toll PLLC, the award was given to professors William Kovacic, Robert Marshall, Leslie Marx and Halbert White at the 13th Annual Conference of the American Antitrust Institute in Washington, D.C..

The winners were recognized for their article "Plus Factors and Agreement in Antitrust Law,” 110 Mich. L. Rev. 393 (2011). The article analyzes a challenging and unsettled area of antitrust law--the different types of circumstantial evidence that can be used to prove an antitrust conspiracy.

Mr. Kovacic is a Global Competition Professor of Law and Policy at George Washington University Law School; Mr. Marshall is a Professor of Economics at Pennsylvania State University; Mr. Marx is a Professor of Economics at The Fuqua School of Business, Duke University; and Mr. White, deceased, was a Professor of Economics at the University of California, San Diego. Receiving the award for Mr. White was Charles Bates, his former partner in the economic consulting firm of Bates White.

The recipients received an $8,000 check and an original art piece inscribed with the author’s name and the title of the winning article. The authors have agreed to donate the money to The Halbert L. White Memorial Director’s Fund, which was set up in memory of Hal White. This Fund will advance the mission of Higher Achievement, an afterschool and summer academic program designed to close the opportunity gap for middle school youth in at-risk communities.

Two other articles were named as Honorable Mention by the Jerry S. Cohen Memorial Fund Writing Award Committee:

  • Herbert Hovenkamp and Christopher Leslie, “The Firm as Cartel Manager,” 64 Vanderbilt L. Rev. 813 (2011).
  • Howard Shelanski, “The Case for Rebalancing Antitrust and Regulation,” 109 Mich. L. Rev. 683 (2011).


The Jerry S. Cohen Memorial Fund Writing Award was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer. It is awarded each year to the best antitrust writing during the prior year that is consistent with the principles of economic justice that animated Jerry S. Cohen’s professional life. It is administered by his former law firm Cohen Milstein Sellers & Toll PLLC. The 2011 award selection committee was comprised of: Charles P. Goodwin, Partner at Berger & Montague; Warren S. Grimes, Professor of Law, Southwestern Law School; John B. Kirkwood, Associate Dean for Strategic Planning and Mission and Professor of Law, Seattle University School of Law; Roger Noll, Professor of Economics Emeritus, Stanford University; Daniel A. Small, Partner at Cohen Milstein Sellers & Toll; and Ann C. Yahner, Administrative Law Judge for the District of Columbia.


For more than 40 years, Cohen Milstein Sellers & Toll PLLC has been a pioneer in plaintiff class action lawsuits. By creating a group or class, individuals join to fight companies in court and enhance their ability to fight corporations who often have larger resources. As one of the premier firms in the country handling major complex class actions, Cohen Milstein, with approximately 70 attorneys, and offices in Washington, D.C.; New York; Philadelphia; Chicago; and Palm Beach Gardens, Fla., specializes in cases concerning antitrust, securities fraud/investor protection, civil rights and employment, human rights, consumer and unsafe products, employee benefits, and whistleblower/false claims allegations. For more information, visit

Cohen Milstein Sellers & Toll PLLC
Pam Avery, 402-305-0799

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