AAI will host its 23rd Annual Policy Conference Bringing and Litigating Cases in an Era of Change on June 15, 2022 at the National Press Club in Washington D.C. The Policy Conference will highlight how antitrust enforcers can work within the legal system to identify goals and challenges in implementing more vigorous enforcement, against the backdrop of initiatives to expand the breadth and depth of antitrust law. These include the Biden antitrust leaderships’ moves to revise agency policy and guidance and proposed antitrust reform legislation in Congress and state legislatures. The goal of the Policy Conference is to provide public and private enforcers with strategies and tactics for bringing and litigating antitrust cases to advance progressive enforcement. Panel discussions will take up questions around litigating cases that incorporate non-competition goals, strategies for mitigating bad legal precedent, and issues that arise in using antitrust as part of a broader set of policy tools. The Policy Conference will appeal to a wide cross section of the competition community from the United States and abroad, including public and private enforcers, legislators and policymakers, sector regulators, public interest advocates, and academics.
This program is made possible by support from our 2022 Sponsors.
National Press Club Ballroom
529 14th Street NW, 13th Floor
Washington, DC 20045
This conference was approved by the Pennsylvania Continuing Legal Education Board for 4.5 CLE credit hours. Attendees will be emailed CLE certificate of attendance after the conference.
Conference Registration $400
Media Conference $0
Advisory Board/Guest/Sponsor $0
Welcome and Overview
Diana Moss, President, American Antitrust Institute
Panel 1: Antitrust and Non-Competition Goals: Practical Considerations for Litigants
This panel will discuss how non-competition values that are not currently embedded in existing antitrust standards can enter the antitrust litigation calculus. Such values include increasing privacy, improving environmental sustainability, and reducing inequality. Panelists will discuss several fundamental questions. When and how might non-competition values arise in the antitrust litigation calculus, whether as part of case selection, competitive effects analysis, efficiencies defenses, or otherwise? What measurement challenges do non-competition values pose in court, whether quantitative, qualitative, or temporal? How should enforcers think about trading off harms and benefits across different markets, different dimensions of competition, or different competition and non-competition values? And how should antitrust enforcers respond when otherwise anticompetitive conduct is necessary to achieve public social or political goals?
Laura Alexander, Vice President of Policy, American Antitrust Institute
Joshua P. Davis, Shareholder, Berger Montague; Research Professor at the University of California, Hastings College of the Law
Kate Konopka, Deputy Attorney General, Office of the Attorney General for the District of Columbia
Eric A. Posner, Kirkland & Ellis Distinguished Service Professor of Law, Arthur and Esther Kane Research Chair, University of Chicago Law School
Panel 2: Advancing Progressive Antitrust Law in the Courts: Strategies and Tactics for Enforcers
Competition advocates have long struggled with the lasting effects of bad antitrust precedent. This panel will evaluate prominent examples of regressive legal precedent and strategies and tactics to mitigate its harmful effects. Panelists will take up several questions. What can direct evidence of anticompetitive effects can still say about market-definition after the Supreme Court’s 2018 Ohio v. American Express decision? How can enforcers can minimize the reach of problematic judicial approaches to defining both sides of a two-sided market as a single market? How can enforcers respond to rising standards for proving the element of agreement in Section 1 cases, where some courts have all but insisted on smoking-gun evidence of collusion? Finally, how can enforcers achieve effective antitrust remedies after courts have narrowly interpreted the agencies’ authority to obtain equitable relief, raised hurdles to private plaintiffs’ access to aggregate relief via class actions, and in light of a growing record of failed merger remedies?
Randy Stutz, Vice President of Advocacy, American Antitrust Institute
Eric Citron, Partner, Goldstein & Russell, P.C.
Renata Hesse, Partner, Sullivan & Cromwell LLP
Jon Sallet, Special Assistant Attorney General, State of Colorado; Research Fellow, Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School
Luncheon and Award Presentations
Jerry S. Cohen Award for Antitrust Scholarship
AAI’s Alfred Kahn Award for Antitrust Achievement
Panel 3: Antitrust as a Tool in a Bigger Toolkit: The Public Policy Approach to Protecting Competition
We are seeing arguments from all sides that more than antitrust, or something instead of antitrust, is needed to facilitate competition. This panel will take up major issues relating to the use of antitrust enforcement as a policy tool in a larger toolkit for addressing competition concerns. For example, if a law were to grant antitrust agencies authority to police discriminatory conduct on a digital platform, how might a hypothetical antitrust case unfold under such a law? How can antitrust operate most effectively in sectors with regulatory statues, such as the Packers and Stockyards Act, that can complement antitrust enforcement but that are not themselves effectively enforced? What policy tools are available to address workforce reductions that result from mergers, but that antitrust does not flag as threatening anticompetitive labor-market effects? And how will antitrust complement potential privacy law in cases where adverse quality effects are revealed in the misuse of consumer data?
Diana L. Moss, President, American Antitrust Institute
Erika M. Douglas, Assistant Professor, Temple University Beasley School of Law
Harry First, Charles L. Denison Professor of Law and Co-Director, Competition, Innovation, and Information Law Program, New York University School of Law
Ioana Marinescu, Associate Professor, University of Pennsylvania School of Social Policy & Practice; Research Associate, National Bureau of Economic Research
Deputy Attorney Genera
Kirkland & Ellis Distinguished Service Professor of Law, Arthur and Esther Kane Research Chair
Special Assistant Attorney General, State of Colorado;