Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, May 18, 2010

Bates White’s Seventh Annual Antitrust Conference

Posted by D. Daniel Sokol

Bates White’s Seventh Annual Antitrust Conference


Merger Review and Enforcement Under New Guidelines

Richard Feinstein, Director, Bureau of Competition, FTC

Janet L. McDavid, Partner, Hogan Lovells

Bruce J. Prager, Partner, Latham & Watkins

Marius Schwartz, Professor of Economics, Georgetown University

George Rozanski, Partner, Bates White (moderator)

Topics will include:

  • Will the agencies be able to challenge a merger successfully without defining markets?
  • Do the draft Guidelines give the agencies substantially more leeway in merger investigation? Is this appropriate?
  • Is it appropriate that the draft Guidelines call out particular techniques like merger simulation and critical loss analysis? Does this lessen the value of other techniques that are not called out?
  • While the discussion of coordinated effects has been substantially updated, do these changes signal a substantial change in coordinated effects analysis?
  • While the Guidelines are not law, they have been widely cited by courts. Will this change with the revisions?
  • Will the suggestion that SSNIP size be based on the "value" that firms contribute give parties and agencies too much leeway in determining an appropriate SSNIP?

Single-Firm Conduct: A Sea Change in Enforcement?

William Cavanaugh Jr., Deputy Assistant Attorney General, DOJ

Wayne Dale Collins, Partner, Shearman & Sterling

Deborah A. Garza, Partner, Covington & Burling

Howard A. Shelanski, Deputy Director, Antitrust, Bureau of Economics, FTC

Cory Capps, Partner, Bates White (moderator)

Topics will include:

  • Has enforcement changed under the new administration?
  • Is U.S. enforcement moving towards a European abuse of dominance standard?
  • How would more active agency Section 2 enforcement affect private litigation?
  • Do firms have appropriate visibility into the types of conduct that are likely to result in agency investigations?


A Framework for Competitive Analysis of Exclusionary Conduct

B. Douglas Bernheim, Bates White Partner and Edward Ames Edmunds
Professor of Economics, Stanford University



2:30–3:00 p.m.

Merger Guidelines Panel

3:00–4:15 p.m.

Single-Firm Conduct Panel

4:30–5:45 p.m.


6:00–7:00 p.m.

Dinner and Keynote Address

7:00–9:30 p.m.


Monday, June 7, 2010

Ronald Reagan Building
1300 Pennsylvania Ave, NW
Washington, DC 20004

Panel Sessions

Horizon Room

Reception and Dinner

Rotunda Room

RSVP BY JUNE 1, 2010

To register, please email Claudine Roshanianor call her at 202.216.1801.

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