New Antitrust & Competition Policy Guidelines
New Antitrust Policies – A Forward Look 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.
SEGMENT 1: Jeffrey Schmidt, Competition PartnerFormer Director of the Bureau of Competition, U.S. Federal Trade Commission Linklaters, LLP - 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? SEGMENT 2: 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 SEGMENT 3: Dr. Richard T. Rapp, Special Consultant National Economic Research Associates, Inc. » 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. SEGMENT 4: 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 SEGMENT 1: speaker_name_title speaker_company
Who Should Attend:
- Competition and Antitrust Lawyers - General Counsels - In-house Counsels - Economists - Corporate Executives - Compliance Officers - Legal and Regulatory Affairs
Jeffrey Schmidt is a competition partner in the New York Office of Linklaters, LLP. Prior to joining Linklaters, from late 2005 to August 2008, Jeff served as Director of the Bureau of Competition at the Federal Trade Commission. In that capacity, Jeff was responsible for overseeing all of the FTC’s antitrust enforcement activity.
Prior to joining the FTC, Jeff was an antitrust partner and also served as General Counsel of a company in the electronic data synchronization business.
Jeffrey Schmidt is a competition partner in the New York Office of Linklaters, LLP. Prior to joining Linklaters, from late …
Robert A. Skitol is a senior partner in the Antitrust Practice Group within the Drinker Biddle & Reath’s Litigation Department. He has over 35 years' experience in all facets of antitrust and trade regulation, and with a particular focus on antitrust aspects of mergers, acquisitions and joint ventures. He is a former Attorney-Advisor to the Chairman of the FTC and former Special Assistant to the Director of the Bureau of Consumer Protection. Mr. Skitol has litigated major antitrust cases, guided numerous mergers, acquisitions, and joint ventures through intensive antitrust reviews at the FTC and the U.S. Department of Justice, and has coordinated multinational antitrust reviews of several major transnational transactions. He has represented clients in both FTC and Department of Justice antitrust investigations, and has provided in-depth counseling with regard to antitrust and related ramifications of proposed collaborations, distribution and pricing arrangements. Major clients that Mr. Skitol has represented include Hewlett-Packard Company, Agilent Technologies, Inc., ABB Inc., James Hardie Industries, Philips Medical Systems, The Stroh Brewery Company, Schindler Elevator Corporation and Susquehanna Broadcasting Company. Mr. Skitol served as a special consultant on competition policy to the Government of Jamaica, participated in drafting the Jamaica Competition Act and has advised the Jamaican authorities on the development of an effective competition policy enforcement regime. Mr. Skitol is a Director of the American Antitrust Institute.
Robert A. Skitol is a senior partner in the Antitrust Practice Group within the Drinker Biddle & Reath’s Litigation Department. …
Dr. Rapp served as President of NERA from 1988 through 2005. Under his leadership, the firm grew to global scale with expansions into Europe, Asia, Australia, and within the U.S. He left this role at the end of 2005 to focus his full attention on the consulting work in the economics of antitrust, intellectual property, and complex commercial litigation he performed during his years as President. His approach to solving clients’ problems has often benefited from the distinctive pairing of his expertise in economics and experience as a business leader.
Dr. Rapp specializes in the economics of:
- High-technology antitrust
- Market power
- Complex business valuation and damages estimation
- Licensing, standard-setting, and royalty rate determination
- Intangible asset valuation
Dr. Rapp has consulted on and testified about numerous industries, including health care, pharmaceuticals, biotechnology, semiconductors, computers, storage media, financial services, payment systems, music, books, advertising and promotion media, textile fibers, food franchise, and marine engines, among many others.
He has presented studies and testified before the US Federal Trade Commission, the Federal Energy Regulatory Commission, the Federal Communications Commission, the International Trade Commission, and numerous Federal District Courts.
In addition to serving as NERA’s President and Chair of its Board of Directors and Management Committee, for many years Dr. Rapp also served on the Boards and Management Committees of NERA’s parent, Mercer Consulting Group, and of the Legal Aid Society. Richard T. Rapp Education NERA Economic Consulting 2
Prior to joining NERA Dr. Rapp was an Associate Professor at the State University of New York at Stony Brook and an award-winning author of books and articles on trade rivalry and economic decline.
Dr. Rapp’s articles have been published in Antitrust Law Journal, Journal of World Intellectual Property, Antitrust Report, Regulation, and Journal of Economic Integration, among others.
Dr. Rapp served as President of NERA from 1988 through 2005. Under his leadership, the firm grew to global scale …
Paul T. Denis is co-chair of Dechert’s antitrust/competition group, a practice that has been recognized by ChambersUSA, a referral guide to leading lawyers in the United States, as one of the leading antitrust groups in the nation. Mr. Denis has been named one of the leading antitrust lawyers in Washington, D.C. by Chambers and has also been recognized in The Best Lawyers in America and PLC Cross Border Competition and Leniency Handbook 2007/2008.
For over twenty years, Mr. Denis has focused his practice on the antitrust aspects of business combinations and other government investigations. While serving in the Antitrust Division of the United States Department of Justice, he was the principal draftsman of the United States Department of Justice and Federal Trade CommissionHorizontal Merger Guidelines which, with minor modification, remain the analytical framework for federal merger enforcement. By combining the unique insights from his government tenure with a rich private sector experience, Mr. Denis helps clients achieve their business objectives by advising on the antitrust implications of business practices, structuring transactions to minimize risk, and advocating through antitrust review processes that may involve parallel proceedings with multiple national and state antitrust/competition authorities, as well as specialized regulatory bodies and the courts.
Paul T. Denis is co-chair of Dechert’s antitrust/competition group, a practice that has been recognized by ChambersUSA, a referral guide …
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