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The American Antitrust Institute’s (AAI’s) 16th Annual Conference, Antitrust and the 2016 Presidential Transition, was held on Thursday, June 18, 2015. Antitrust experts undertook an expansive critical examination of the modern antitrust enterprise. The event was part of AAI’s larger effort to formulate a comprehensive set of policy recommendations to the 45th President of the United States. The conference will inform a book to be published in advance of the 2016 presidential election, in the tradition of the AAI’s 2008 Transition Report, The Next Antitrust Agenda.
The Annual Conference explored pathways to, and the reforms needed to create effective, progressive, consumer-oriented antitrust policy from three perspectives: (1) the core competition policies reflected in modern case law and economic analysis; (2) the institutions of antitrust enforcement and policymaking, including the Federal Trade Commission, U.S. Department of Justice, State Attorneys’ General, and Congress; and (3) the successes and failures of antitrust as applied in the nation’s critical business.b
WELCOME AND OVERVIEW: WHAT HAS CHANGED SINCE THE 2008 PRESIDENTIAL TRANSITION
Diana Moss, President, American Antitrust Institute
OPENING PLENARY: COMPETITION POLICY (CARTELS, MONOPOLIES, MERGERS)
Moderator:
Robert Skitol, Partner, Drinker Biddle & Reath LLP
Presenters:
Richard Brunell, Vice President and General Counsel, American Antitrust Institute
John Kwoka, Jr., Neal F. Finnegan Professor of Economics, Northeastern University Bonny Sweeney, Partner, Hausfeld LLP
Responders:
Jonathan Baker, Professor of Law, American University Washington College of Law Donald C. Klawiter, Partner, Sheppard, Mullin, Richter & Hampton LLP
Steven Salop, Professor of Economics and Law, Georgetown University Law Center
MORNING BREAKOUT SESSIONS
I. Buyer Power & Retail
Moderator:
Gregory T. Gundlach, Distinguished Professor, Coggin College of Business, University of North Florida
Panelists:
Warren Grimes, Professor of Law, Southwestern Law School
John B. Kirkwood, Professor of Law, Seattle University School of Law
II. Airlines
Moderator: John Kwoka, Jr., Neal F. Finnegan Professor of Economics, Northeastern University
Panelists:
Darren Bush, Law Foundation Professor of Law, University of Houston Law Center
Diana L. Moss, President, American Antitrust Institute
III. Media & Telecommunications
Moderator:
Harry First, Charles L. Denison Professor of Law, Co-Director, Competition, Innovation, and Information Law Program, New York University School of Law
Panelists:
Gene Kimmelman, President and CEO, Public Knowledge
Jonathan Rubin, Founder, Rubin PLLC
LUNCHEON
Presentation of Jerry S. Cohen Award for Antitrust Scholarship
Introduction: Daniel A. Small, Partner, Cohen Milstein Sellers & Toll PLLC
Presentation of the AAI’s Alfred Kahn Award for Antitrust Achievement
Introduction: Molly S. Boast, Partner, Wilmer Hale
Acceptance and Remarks: Donald I. Baker, Founding Partner, Baker & Miller PLLC
AFTERNOON BREAKOUT SESSIONS
I. The Politics of Antitrust
Moderator:
Pamela Gilbert, Partner, Cuneo Gilbert & LaDuca
Panelists:
Seth Bloom, President, Bloom Strategic Counsel PLLC
Barry C. Lynn, Director, The Open Markets Program, New America Foundation
II. Food & Agriculture
Moderator: Patrick Woodall, Research Director & Senior Policy Advocate, Food & Water Watch
Panelists:
Peter C. Carstensen, Emeritus Professor of Law, University of Wisconsin Law School
C. Robert Taylor, Alfa Eminent Scholar and Professor, College of Agriculture, Auburn University
III. Banking & Financial Services
Moderator:
Albert A. Foer, Senior Fellow, American Antitrust Institute
Panelists:
Don Resnikoff, Principal, Don Resnikoff Law
Arthur E. Wilmarth, Jr., Professor of Law, The George Washington University Law School
AFTERNOON PLENARY: ENFORCEMENT & INSTITUTIONS (PUBLIC ENFORCEMENT, PRIVATE ENFORCEMENT)
Moderator:
James Langenfeld, Head of the Antitrust and Competition Practice for Navigant Economics; Adjunct Professor, Loyola University Law School
Presenters:
Neil Averitt, Columnist, FTC:WATCH
Allen Grunes, Founder, The Konkurrenz Group
Robert H. Lande, Venable Professor of Law, University of Baltimore School of Law Responders:
Jeff Blattner, President, Legal Policy Solutions, PLLC
Robert Kaplan, Partner, Kaplan Fox & Kilsheimer LLP