David Hanselman and Lisa Peterson wrote this bylined article on antitrust risks of earnings call statements. “The fact that a statement is public does not immunize it from antitrust scrutiny,” the authors wrote, especially when “antitrust plaintiffs increasingly quote these or other public statements to bolster their conspiracy claims.” The authors thus urged executives to “avoid making public statements that could be construed as an invitation to their competitors to collude on price, output, or other competitive terms.”
