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The conference examined the concept of efficiency within antitrust analysis. Panelists considered the nature of this concept, its influence and its limits, including critiques and whether certain inefficiencies currently excluded from consideration should be netted out.
WELCOME AND OVERVIEW
Robert Skitol, Chairman of the Board of Directors of the American Antitrust Institute
OPENING PLENARY: EFFICIENCY AND ITS CRITICS
Moderator:
Irwin Stelzer, Senior Fellow and Director, Hudson Institute’s Economic Policy Studies Group
Overview
Bert Foer, President, American Antitrust Institute
View from the Middle of the Road
Philip Nelson, Principal, Economists Incorporated
Dynamic and Static Efficiencies
Jonathan Baker, Professor of Law, American University
Efficiencies and Burdens of Proof
Joshua Wright, Commissioner, Federal Trade Commission
MORNING BREAKOUT SESSIONS
I. Are Mergers Inefficient?
Moderator:
Richard Brunell, General Counsel, American Antitrust Institute
John Kwoka, Professor of Economics, Northeastern University
Diana Moss, Vice President, American Antitrust Institute
II. The Economic Theory of Efficiency and How Efficiency is Used in Fact
Moderator:
Eugene Spector, Founding Partner, Spector, Roseman Kodroff & Willis, P.C.
Russell W. Mangum, Senior Vice President, Nathan Associates Inc.
Richard Zerbe, Professor of Public Affairs, University of Washington
III. Systems and Innovation Concerns of Management
Moderator:
F.M. Scherer, Professor of Public Policy Emeritus, Harvard University
Norman Hawker, Professor, Western Michigan University Haworth College of Business
Melissa A. Schilling, Professor of Management and Organizations, New York University – Stern School of Business
LUNCHEON
Presentation of Jerry S. Cohen Award for Antitrust Scholarship
Presentation by Dan Small, Partner, Cohen Milstein Sellers & Toll PLLC
Presentation of AAI Alfred Kahn Award for Antitrust Achievement to John M. Connor
Introduction by Robert Lande, Director of the American Antitrust Institute Acceptance by John M. Connor, Professor Emeritus, Purdue University
Keynote Address
Martin Gaynor, Director, Federal Trade Commission
AFTERNOON BREAKOUT SESSIONS
I. Excluded Concerns: Evolutionary Economics and Behavioral Economics
Moderator: Randy Stutz, Senior Counsel and Director of Special Projects, American Antitrust Institute
Thomas Horton, Associate Professor of Law, University of South Dakota School of Law
Maurice Stucke, Associate Professor of Law, University of Tennessee College of Law
II. Supply Chain Inefficiencies
Moderator:
David Lawsky, FIPRA International
Gregory T. Gundlach, Professor, University of North Florida
Diana Moss, Vice President, American Antitrust Institute
III. Efficiency Concerns in Practice: Theory Meets the Real World
Moderator:
Michal Gal, Professor of Law, University of Haifa Law School
Roger S. Frantz, Professor of Economic, San Diego State University
Gary L. Reback, Of Counsel, Carr & Ferrell LLP
CLOSING PLENARY: THE U.S. AND THE REST OF THE WORLD
Moderator:
Bert Foer, President, American Antitrust Institute
CB Bhattacharya, E.ON Chair Professor in Corporate Responsibility, ESMT European School of Management and Technology
Eleanor Fox, Professor of Law, New York University School of Law Michal Gal, Professor of Law, University of Haifa Law School
Paul Nihoul Professor of Law, Studies University of Louvain (Belgium)
Ben Van Rompuy, Professor of Competition Policy and Media Regulation, T.M.C. Asser Institute
Closing
Bert Foer, President, American Antitrust Institute