Friday, April 27, 2012

AAI 13th Annual Conference: Civil Liberties and Competition Policy Thursday, June 21, 2012

Posted by D. Daniel Sokol

AAI 13th Annual Conference: Civil Liberties and Competition Policy Event Date:

Thursday, June 21, 2012


National Press Club, Washington DC

This year we are taking a first-time look at the overlap of Civil Liberties and Competition Policy. There are challenging questions of market definition, concentration, convergence, privacy, and the shaping of remedies in light of the First Amendment. What role can and should antitrust play, for example, in the rapidly evolving online and information markets? What role will concepts like diversity, quality, and choice play in the analysis of future competition issues? We will also touch on Noerr-Pennington, the chilling effects of cartels, employment-controlling cartels, political boycotts, and more. We are sure this conference will open your eyes in new ways to the changing legal environment as it can affect competition.

Our gala luncheon will honor Stanford University’s Roger Noll, one of the greatest regulatory economists of his generation.

Click here to register.

If you are interested in supporting this event through the purchase of a table for $6,000, please contact

Agenda and Supporting Materials

Welcome and Overview

Albert A. Foer, President, American Antitrust Institute

Supporting Materials:

How Privacy Has Become an Antitrust Issue, by Al Franken (D-Minn)

The Political Content of Antitrust Revisited

Robert Pitofsky, Joseph and Madeline Sheehy Professor of Antitrust and Trade Regulation Law, Georgetown Law

Supporting Materials: The Political Content of Antitrust, Symposium on Antitrust Law and Economics, Robert Pitofsky University of Pennsylvania Law Review, April 1979

Harmonizing Civil Liberties and Antitrust Policy

Moderator: Hon. Douglas H. Ginsburg, Judge, U.S. Court of Appeals for the District of Columbia Circuit; former Assistant Attorney General for Antitrust

Barry C. Lynn, Director, Markets, Enterprise and Resiliency Initiative, New America Foundation

Jeffrey Rosen, Professor of Law, George Washington University School of Law

Maurice Stucke, Associate Professor of Law, University of Tennessee College of Law

Jonathan T. Weinberg, Professor of Law, Wayne State University Law School

Supporting Materials:

Killing the Competition: How the new monopolies are destroying open markets by Barry C. Lynn

The Roberts Court v. America: How the Roberts Supreme Court is using the First Amendment to craft a radical, free-market jurisprudence by Jedediah Purdy, DEMOCRACYJOURNAL.ORG, Winter 2012

Breakout Sessions

Religion and Competition

Moderator: Babette E. Boliek, Ph.D., Associate Professor of Law, Pepperdine University School of Law

Barak D. Richman, Professor of Law and Professor of Business Administration, Duke Law School

Nelson Tebbe, Professor of Law, Brooklyn Law School

Supporting Materials:

Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels by Barak D. Richman

Hosanna-Tabor Evangelical Luthern Church and School v. Equal Employment Opportunity Commission

The Liberties and Risks of Collective Entities

Moderator: Allen P. Grunes, Shareholder, Brownstein Hyatt Farber Schreck, LLP Donald I. Baker, Partner, Baker & Miller

Hillary Greene, Professor of Law and Director of the University of Connecticut's Intellectual Property and Entrepreneurship Law Clinic

Maureen K. Ohlhausen, Commissioner, Federal Trade Commission Supporting Materials:

Antitrust Censorship of Economic Protest by Hillary Greene, Duke Law Journal VOLUME 59 MARCH 2010 NUMBER 6

The Superior Court Trial Lawyers Case - a battle on the frontier between politics and antitrust by Donald Baker, Chapter 9 in Antitrust Stories, 2007

Judicial Activism, The First Amendment and Antitrust

Moderator: Richard Brunell, Director of Legal Advocacy, American Antitrust Institute

Warren S. Grimes, Professor of Law, Southwestern Law School

Gary L. Reback, Of Counsel, Carr & Ferrell LLP


Presentation of Jerry S. Cohen Award for Antitrust Scholarship Presentation of the AAI’s Alfred Kahn Award for Antitrust Achievement to Roger Noll

Albert A. Foer, President, American Antitrust Institute

Wayne Dale Collins, Partner, Shearman & Sterling LLP

Competition and Liberty: Issues in Modern Media

Moderator: Albert A. Foer, President, American Antitrust Institute

Susan S. DeSanti, Director, Policy Planning, Federal Trade Commission Neal Katyal, Partner, Hogan Lovells; former Acting Solicitor General of the United States

Gene I. Kimmelman, Chief Counsel for Competition Policy and Intergovernmental Relations, U.S. Department of Justice Antitrust Division (invited)

Robert H. Lande, Venable Professor of Law, University of Baltimore School of Law Eli Noam, Director, Columbia Institute for Tele-Information; Garrett Professor of Public Policy and Business Responsibility and Professor of Finance and Economics, Columbia Business School

Gary L. Reback, Of Counsel, Carr & Ferrell LLP

Kurt Wimmer, Partner, Covington & Burling LLP

Supporting Materials: The Civil Liberties and Competition Policy: A Personal Essay Dedicated to John J. Flynn by Albert A. Foer

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