The upcoming presidential election in the United States represents an opportunity for a new administration to revise the country's approach to antitrust. Will we have a revival
in agency antitrust enforcement activity and is one needed? The American Antitrust Institute recently published its transition report on competition policy, providing antitrust
watchers one view on what might be in the antitrust enforcement pipeline.
The Knowledge Congress has assembled a panel of distinguished professionals and thought leaders to discuss AAI’s report and other sources to help give the public a forward look at
what they may expect to see in terms of future antitrust enforcement activity. The speakers will present their expert opinions in a two-hour LIVE Webinar.
Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Conference
Recommended CLE/CPE Hours: 2.0
(Please note, your State Bar or Accounting Board will make the final determination with respect
to continuing education credit.)
Advance Preparation: Print and review course materials
Course Code: 083777
Jeffrey Schmidt
Former Director of the Bureau of Competition, Federal Trade Commission
Robert A. Skitol
Senior Partner
Member of the Board of Directors, American Antitrust Institute
Dr. Richard T. Rapp
Special Consultant
Paul T. Denis
Partner, Co-Chair, Antitrust/Competition Group
Jeffrey Schmidt, Former Director of the Bureau of Competition, Federal Trade Commission, U.S. Federal Trade Commission
- The different standards under Section 13(b) for the FTC to obtain an injunction versus the standard
applicable to the DOJ.
- The need for clarification of the unilateral effects section of the Horizontal Merger Guidelines.
- The Commission's recently announced NPR relating to changing its Part III rules could have a
major impact on how merger challenges at the FTC are handled in the future.
- How has N-Data changed the Commission's interpretation of the limits of Section 5 liability when
no antitrust violation is found?
- Is it appropriate to judge an agency's enforcement record based on the number of enforcement
actions it takes. Does it make a difference whether those enforcement actions involve consents
versus litigated actions?
Robert A. Skitol, Senior Partner; Member of the Board of Directors, American Antitrust Institute, Drinker Biddle & Reath LLP
- AAI's Transition Report on Competition Policy:
I. Comprehensive set of recommendations for strengthening all aspects of both public and private antitrust enforcement
II. Need to develop structured and workable rule-of-reason standards
III. Need to develop more robust law on dominant firms' refusals
IV. Strengthen merger enforcement
V. FTC should expand the uses of its unfair methods of competition authority under Section 5 of the FTC Act
VI. Strengthen antitrust's core public institutions -- DOJ, FTC, States
Dr. Ramsey Shehadeh, Senior Vice President, Global Antitrust Practice, NERA Economic Consulting
» Exuberant enforcement and its unintended consequences
The economic consequence of Rambus and Ebay is a real threat to the industrial organization of
R&D and to innovation. We should be relieved that innovation markets in mergers were largely
headed off. Price discrimination and nonprice vertical restraints are both ambiguous in their
welfare effects and should remain neglected.
» The Economics of Brooke Group and Trinko
These decisions determine the future of U.S. antimonopoly enforcement and its limitations. The
government’s role in monopolization cases should remain limited to the 21st century AT&T and
Microsoft cases – precedent-setting and too big for private action.
» The Economic Agenda: Where does antitrust fit in?
The credit crisis -- Health care reform -- Defects in the patent regime Antitrust has a role to play in
the repair of each of these problems but the recommendation that more resources should go to
government enforcement is mistaken.
Paul T. Denis, Partner, Co-Chair, Antitrust/Competition Group, Dechert LLP
- Horizontal Merger Guidelines - No apparent need for change
- Non-Horizontal Mergers - We need some Guidelines here
- Potential Competition Mergers - Time to admit that this doctrine is dead
- Competition and Antitrust Lawyers
- General Counsels
- In-house Counsels
- Economists
- Corporate Executives
- Compliance Officers
- Legal and Regulatory Affairs
This is a must attend event to everyone to get the latest updates on New Antitrust & Competition Policy Guidelines.
- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A