Leveraging Increased Interest in Antitrust to Benefit Your Clients and Your Practice
Last night, RebuttalPR had the privilege of speaking at the Committee to Support the Antitrust Laws (COSAL) annual dinner, where we were honored to be a sponsor. COSAL is the nation's premier advocacy organization representing antitrust lawyers supporting pro-enforcement antitrust legislation. Read the full remarks below.
It’s an honor to speak here at COSAL’s annual dinner and to follow Deputy Assistant Attorney General Doha Mekki, whose commitment to fair, competitive markets inspires us all.
She gave a very interesting interview to The New York Times earlier this year that I think serves as a good jumping off point for what I plan to be a brief address to all of you. As part of a Q&A that was mostly, and rightly, about the DOJ’s recent successes, she was also asked about, quote, “some high-profile losses” end quote. I swear those are not my words.
And correctly, her answer refocused the question and for me struck a powerful chord. She said, quote, “We’ve tended to lose on how persuasive we are on our facts…But those hard lessons have made us better, and we’re going to continue to be better storytellers because that’s our obligation to the public.”
At RebuttalPR, storytelling is core to everything we do. We work exclusively with the plaintiffs’ bar, with a mission to amplify and strengthen the voices of those fighting for justice. This commitment has helped secure outcomes on behalf of plaintiffs across the nation, often in cases that change industries and lives.
But tonight, I want to set aside what we do and instead focus on why storytelling matters—how it can not only improve perceptions of your clients’ cases but also strengthen your practice and make your impact more lasting.
Many antitrust cases don’t unfold in isolation; they take place in the public eye. Beyond the courtroom, jurors, regulators, and even the defendants are influenced by narratives that gain traction in the media and among communities. While the facts are essential, it takes a powerful story to unify those facts, making them resonate with key audiences.
Every antitrust case has the potential to be a story with national relevance—one that invites people to see beyond the technicalities and understand the real harm at stake. In recent years, we’ve seen the value of framing these cases around the impacts on consumers, communities, and fair-market principles. This approach helps the public, the press, and often even the court itself understand why your clients are fighting. This is the storytelling advantage: transforming a list of grievances into a cause with meaningful public implications.
As Deputy Assistant Attorney General Mekki mentioned, the DOJ’s high-profile losses underscore a critical point: it’s not enough to have the facts on your side. To be persuasive, those facts must come together in a way that is accessible, relatable, and lasting. Antitrust plaintiffs’ attorneys face similar hurdles. You go up against resource-heavy giants that actively work to cloud the narrative and deflect responsibility and accountability.
The DOJ’s approach—to refine storytelling as a tool of persuasion—should be a model for us all. With the surge of public interest in antitrust law, it’s no longer just about arguing in court; it’s about shaping the public’s understanding of corporate accountability. By taking a storytelling approach, you have a chance to shift public opinion, influence the direction of legal arguments, and prepare jurors to see the justice in your case long before the trial even begins.
For today’s antitrust plaintiffs, I offer a few ways storytelling can enhance both your client’s case and your practice:
First, lead with the impact. Always start with the harm—not just to your client but to everyone affected by the conduct at hand. When antitrust violations hurt consumers or entire sectors, emphasize the broader public harm to contextualize the scale of wrongdoing. Stories of direct impact help the public, regulators, and the courts grasp the stakes in ways that case law and facts alone may not.
Second, use milestones to educate and reinforce. Key case milestones—whether filing a complaint, securing a ruling, or negotiating a settlement—are natural opportunities to reinforce your message and educate the public. By treating each milestone as an opportunity to tell a story, you can help maintain public interest and trust in your client’s journey, building credibility with potential jurors and the broader community.
Third, take control of the narrative. It’s not enough to respond to defense arguments; to be effective, you must control the story from the outset. Anticipate the opposition’s counters and frame your case proactively to reinforce your core narrative. This strategic approach ensures that the storyline is firmly established in the public eye, making it easier to keep the focus on justice, harm, and accountability.
And fourth, build a coalition of allies. A well-crafted story isn’t just about facts; it’s also about people. When you bring third-party advocates, industry experts, or affected communities into the fold, your case becomes a shared cause that others want to champion. In antitrust law especially, having allies willing to amplify your message gives it both credibility and a wider reach, allowing the public to see the issues from multiple trusted perspectives.
At its best, a compelling case narrative will resonate long beyond the courtroom and settlement agreements. Antitrust law is complex and technical, yet with the right framing, these cases can establish a public mandate for accountability and fair practices. More importantly, plaintiffs’ lawyers now have a platform to influence more than just case outcomes; they can shape public expectations about justice in today’s economic landscape.
For everyone here tonight, it’s important to remember that your work is essential. You’re representing the public’s last line of defense against unchecked anti-competitive practices. With every story you bring forward, every voice you elevate, you’re shaping a legacy of fairness and accountability that extends far beyond the courtroom.
So, as we look forward to this new era in antitrust, let’s commit to using the power of storytelling not only to achieve justice for our clients but also to inspire broader confidence in the systems that protect them. Thank you for your time, for the work you do, and for the opportunity to speak with you tonight. Together, let’s ensure these stories are heard and that justice resonates—one case, one story at a time.
If you would like to hear more about how RebuttalPR can help with your case, please contact us below.