Wednesday, November 7, 2012
Posted by D. Daniel Sokol
Last night's victory by Obama has fewer antitrust implications relative to other areas of law (financial institutions, labor and employment, health care, etc.). Overall, there will be significant continuity. Where do I predict that the election matters? The FTC case against Google will go forward. In terms of enforcement priorities, I think that we will see more antitrust-health care related enforcement. In Bill Baer, we will have an excellent new head of DOJ Antitrust - one of the super elite practitioners. It is not clear how much longer Leibowitz will remain at the FTC and who the successor will be. Do you go with an existing Commission (Brill or Ramirez) or someone new for the Chair? Both of the existing Commissioners have their strengths and I cannot begin to speculate who a new pick might be or how long Leibowitz will stay. My hope is that the next Democratic pick for the FTC (either at Commissioner or Chairman position) is someone who has some IP/innovation experience.