13th Annual Conference: Civil Liberties and Competition Policy

The AAI took a first-time look at the overlap of Civil Liberties and Competition Policy. There are challenging questions of market definition, concentration, convergence, privacy, and the shaping of remedies in light of the First Amendment. What role can and should antitrust play, for example, in the rapidly evolving online and information markets? What role will concepts like diversity, quality, and choice play in the analysis of future competition issues?

Our gala luncheon honored Stanford University’s Roger Noll, one of the greatest regulatory economists of his generation.

Audio, Presentations and Supporting Materials are available below. Photos available here.

Welcome and Overview (Audio)
Albert A. Foer, President, American Antitrust Institute
Supporting Materials:
How Privacy Has Become an Antitrust Issue, by Al Franken (D-Minn)
Introductory Remarks

The Political Content of Antitrust Revisited (Audio)
Robert Pitofsky, Joseph and Madeline Sheehy Professor of Antitrust and Trade Regulation Law, Georgetown Law
Supporting Materials:
The Political Content of Antitrust, Symposium on Antitrust Law and Economics, Robert Pitofsky University of Pennsylvania Law Review, April 1979

Harmonizing Civil Liberties and Antitrust Policy (Audio)
Moderator: Hon. Douglas H. Ginsburg, Judge, U.S. Court of Appeals for the District of Columbia Circuit; former Assistant Attorney General for Antitrust
Barry C. Lynn, Director, Markets, Enterprise and Resiliency Initiative, New America Foundation
Jeffrey Rosen, Professor of Law, George Washington University School of Law 
Maurice Stucke, Associate Professor of Law, University of Tennessee College of Law
Jonathan T. Weinberg, Professor of Law, Wayne State University Law School
Supporting Materials:
Killing the Competition: How the new monopolies are destroying open markets by Barry C. Lynn
The Roberts Court v. America: How the Roberts Supreme Court is using the First Amendment to craft a radical, free-market jurisprudence by Jedediah Purdy, DEMOCRACYJOURNAL.ORG, Winter 2012
Why Brandeis Matters: Constitution and the crash by Jeffrey Rosen
Revisiting Pitofsky's Political Content of Antitrust by Maurice Stucke

Breakout Sessions
Religion and Competition (Audio)
Moderator: Babette E. Boliek, Ph.D., Associate Professor of Law, Pepperdine University School of Law
Daniel Mach, Director, ACLU Program on Freedom of Religion and Belief
Barak D. Richman, Professor of Law and Professor of Business Administration, Duke Law School
Supporting Materials:
Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels by Barak D. Richman
Hosanna-Tabor Evangelical Luthern Church and School v. Equal Employment Opportunity Commission

The Liberties and Risks of Collective Entities (Audio)
Moderator: Allen P. Grunes, Shareholder, Brownstein Hyatt Farber Schreck, LLP
Donald I. Baker, Partner, Baker & Miller
Hillary Greene, Professor of Law and Director, Intellectual Property and Entrepreneurship Law Clinic, University of Connecticut
Maureen K. Ohlhausen, Commissioner, Federal Trade Commission
Supporting Materials:
Antitrust Censorship of Economic Protest by Hillary Greene, Duke Law Journal VOLUME 59 MARCH 2010 NUMBER 6
The Superior Court Trial Lawyers Case - a battle on the frontier between politics and antitrust by Donald Baker, Chapter 9 in Antitrust Stories, 2007

Judicial Activism, The First Amendment and Antitrust (Audio)
Moderator: Richard Brunell, Director of Legal Advocacy, American Antitrust Institute
Warren S. Grimes, Professor of Law, Southwestern Law School
Gary L. Reback, Of Counsel, Carr & Ferrell LLP
Supporting Materials:
In Search of Content-Neutral Constrains on Supreme Court Judicial Activism: Lessons from First Amendment and Sherman Act Jurisprudence by Warren Grimes (Draft)

Luncheon (Audio)
Presentation of Jerry S. Cohen Award for Antitrust Scholarship Presentation of the AAI’s Alfred Kahn Award for Antitrust Achievement to Roger Noll
Albert A. Foer, President, American Antitrust Institute
Wayne Dale Collins, Partner, Shearman & Sterling LLP

Competition and Liberty: Issues in Modern Media (Audio)
Moderator: Albert A. Foer, President, American Antitrust Institute
Susan S. DeSanti, Director, Policy Planning, Federal Trade Commission
Neal Katyal, Partner, Hogan Lovells; former Acting Solicitor General of the United States
Gene I. Kimmelman, Chief Counsel for Competition Policy and Intergovernmental Relations, U.S. Department of Justice Antitrust Division (invited)
Robert H. Lande, Venable Professor of Law, University of Baltimore School of Law
Eli Noam, Director, Columbia Institute for Tele-Information; Garrett Professor of Public Policy and Business Responsibility and Professor of Finance and Economics, Columbia Business School
Gary L. Reback, Of Counsel, Carr & Ferrell LLP
Kurt Wimmer, Partner, Covington & Burling LLP
Supporting Materials:
The Civil Liberties and Competition Policy: A Personal Essay Dedicated to John J. Flynn by Albert A. Foer
Google and the First Amendment by Kurt Wimmer
Antitrust Enforcement and Media Industries: Competition and Beyond by Gene Kimmelman
Media Concentration in America and the World by Eli Noam