“‘But Ford still carries a heavy burden of proof, said Hays Gorey, an attorney with GeyerGorey who spent many years with the DoJ’s Antitrust Division. “Ford will still have the burden at trial of showing that US commerce was affected by the conspiracy,” he said. “At some point, the connection between the unlawful conduct and the injury becomes too remote or too problematic to establish injury even if there was a conspiracy.’”

Policy and Regulatory Report