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On Thursday, March 14, 2019, the American Antitrust Institute hosted a Competition Roundtable focused on monopolization law and enforcement: Challenging Monopolies in Court: Where Have We Been and Where Are We Going?
The need for a strong anti-monopoly law, embodied in Section 2 of the Sherman Act, has never been more important than it is today. Concentration has increased in key markets and powerful firms have emerged in network, technology, and other industries. But the courts have impaired the usefulness of Section 2 by adopting demanding requirements of plaintiffs, premised on a misplaced fear of discouraging procompetitive conduct. At the same time, the government has been bringing fewer monopolization cases, although the FTC has important cases pending in the semiconductor and pharmaceutical industries. This AAI competition roundtable will bring together experts from academia, government, and private practice to explore the implications of this new antitrust paradox.
Panel 1: The Current State of Monopolization Law and Enforcement
The first panel considered the evolution and current state of Section 2 enforcement, including prevailing monopolization standards. Panelists discussed the enforcement record of the Antitrust Division, FTC, state attorneys general, and private enforcers; contrast the law and enforcement records of the U.S. and EU; and address pending U.S. cases such as Viamedia v. Comcast and FTC v. Qualcomm.
Panel 2: Reforming Section 2 Law and Enforcement
The second panel considered whether and to what extent U.S. monopolization law should be reformed. Panelists addressed prospects for stepped up enforcement, structural remedies, modifications to Section 2 doctrine, and use of Section 5 (and competition rulemaking), as well as more fundamental reforms such as recognizing no-fault monopolization and excessive pricing offenses.
AAI’s competition roundtables provided a unique forum for the development and exchange of ideas between expert panelists and audience members.
Event Location:
National Press Club529 14th Street NW, 13th Floor
Holeman Lounge
Washington, DC 20045
Media Policy:
Members of the media are present at most AAI events. Speakers and participants should be aware that the media are on background during AAI events. If a member of the media wishes to quote or cite from the live proceedings of AAI events, they are asked to contact specific sources for permission.
CLE Credits:
This roundtable was approved by the Pennsylvania Continuing Legal Education Board for 3 CLE credit hours. A Uniform Certificate of Attendance was emailed to all attendees following the conference.
The following organizations were represented at the Competition Roundtable.
- American Booksellers Association
- American University
- Arnold & Porter
- Bates White Economic Consulting
- Constantine Cannon LLP
- Consumer Reports
- Davis Polk
- DOJ Antitrust Division
- Don Resnikoff Law
- Epiq
- Equitable Growth
- Federal Trade Commission
- Global Competition Review
- Hausfeld
- Howard University School of Law
- Huntington Bank
- KCC
- Labaton
- Law360
- Loyola University Chicago School of Law
- Manhattanville College
- MLex
- Morris and Morris LLC Counselors At Law
- National Grocers Association
- New York Attorney General’s Antitrust Bureau
- New York University School of Law
- PaRR
- Penn State Law
- Public Knowledge
- Senate Judiciary Committee
- Seton Hall University School of Law
- Spiegel & McDiarmid LLP
- Susman Godfrey L.L.P.
- Travelers United
- Univ of Massachusetts
- University of Baltimore
- Verizon
Welcome and Overview
Diana Moss, President, American Antitrust Institute
Panel 1: The Current State of Monopolization Law and Enforcement
Moderator:
Randy Stutz, Associate General Counsel, American Antitrust Institute
Panelists:
Maria Coppola, Counsel for International Antitrust, Federal Trade Commission
Andrew I. Gavil, Professor of Law, Howard University School of Law
Elinor R. Hoffmann, Deputy Chief of New York Attorney General’s Antitrust Bureau; Co-chair of ABA Antitrust Section Unilateral Conduct Committee
Kalpana Srinivasan, Partner, Susman Godfrey L.L.P.
Panel 1 Roundtable Discussion
Break
Panel 2: Reforming Section 2 Law and Enforcement
Moderator:
Richard Brunell, General Counsel, American Antitrust Institute
Panelists:
Harry First, Charles L. Denison Professor of Law, New York University School of Law
Sonia Kuester Pfaffenroth, Partner, Arnold & Porter
Marina Lao, Edward S. Hendrickson Professor of Law, Seton Hall Law School
Jon Leibowitz, Partner, Davis Polk