AAI Symposium - Antitrust Remedies: A Multidisciplinary Approach

Jun 20

AAI Symposium - Antitrust Remedies: A Multidisciplinary Approach

Date: June 20, 2017
Location: National Press Club, Washington DC

On Tuesday, June 20, 2017, the American Antitrust Institute hosted its 2017 Symposium Antitrust Remedies: A Multidisciplinary Approach

Concerns over growing concentration and declining competition in the U.S. economy are garnering attention from the business, antitrust, public interest, and academic communities. More frequent merger challenges are an enforcement response to this problem, particularly those cases litigated by the government or abandoned by the parties after proposed remedies failed to satisfy concerns over diminished competition. These cases include challenges to the Staples-Office Depot, Sysco-USFoods, and Baker Hughes-Halliburton mega-mergers. At the same time that proposed structural remedies have been rejected in a number of cases, enforcers have pivoted away from conduct remedies, which raise well-known problems with effectiveness, monitoring, and enforcement. And, there appears to be mounting concerns over the effectiveness of some past remedies.

This year's symposium examined antitrust remedies from a multidisciplinary perspective. Remedies can fundamentally change how businesses organize, operate, innovate, and position themselves strategically. Moreover, remedies require managers to implement changes in business structure and practices. This complexity may well have an impact on the success of antitrust remedies. For all of these reasons, a multidisciplinary approach to antitrust remedies can provide needed insight into their design and implications for success or failure. The symposium gathered experts from law, economics, marketing, strategic management, and engineering to offer insight into several key issues. These included: perspective on the role of remedies in merger analysis, challenges that remedies pose for antitrust enforcement, and suggested approaches for highlighting and integrating such analysis into enforcement decisions and competition policy. The symposium featured two panels and a capstone roundtable discussion. The first panel offered multidisciplinary perspectives from economics, law, and the business schools. The second panel brought together experts from the enforcement community, remedy monitors, and business experts who have implemented remedies.

This program was made possible by support from our 2017 Sponsors.