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Bates White's Fifth Annual Antitrust Conference

Washington, DC
June 2, 2008

2:45–3:00 p.m.
Bates White, LLC
1300 Eye Street NW, Suite 600
Washington, DC 20005

Conference program
3:00–6:00 p.m.
Bates White, LLC
1300 Eye Street NW, Suite 600
Washington, DC 20005

Reception, dinner, and keynote address
6:00–9:00 p.m.
Keynote speaker: FTC Chairman William Kovacic
Ronald Reagan Building and International Trade Center
Rotunda Room
1300 Pennsylvania Avenue, NW
Washington, DC 20004


B. Douglas Bernheim, Stanford University and Bates White Partner
Lars-Hendrik Röller, ESMT President and former Chief Competition Economist, European Commission

Government officials
William Kovacic, FTC Chairman
Thomas Rosch, FTC Commissioner
David L. Meyer, Deputy Assistant Attorney General for Civil Enforcement, Antitrust Division, DOJ

Antitrust attorneys
William Baer, Practice Chair, Antitrust/Competition and Consumer Protection Practice, Arnold & Porter LLP
Paul T. Denis, Co-Chair, Antitrust/Competition Group, Dechert LLP
Steven C. Sunshine, Partner, Antitrust Practice, Skadden Arps, Slate, Meagher & Flom LLP

The use of economic evidence in litigation
Recent case outcomes suggest that economic evidence is having a more prominent role in court decisions. For example, in PeaceHealth, the court adopted a significant portion of the AMC test for bundled discounts. In Whole Foods, despite contradictory intent documents, the judge chose to rely on the parties’ critical loss analysis in assessing competitive effects and market definition. There are even stronger examples coming out of the European Commission.

Given the increasing importance of economic evidence to prove and defend against antitrust claims, how is this evidence best presented? When different types of analyses can lead to the same conclusion, how do you determine the most effective one to use? While simple analyses might be easier to understand, they can also be subject to criticism that the results are confounded by variables that were not considered. If you present complicated analyses, courts and juries might find it difficult to interpret the results. So is it better to present an analysis that strikes the appropriate balance, or should you present both the simple and complicated analyses? 

Join our distinguished speakers as they discuss recent developments and share their experiences in presenting economic evidence in the United States and Europe.

Reception, dinner, and keynote address
To cap off the day, Bates White and ESMT Competition Analysis will host a reception and dinner at the Ronald Reagan Building and International Trade Center. It will feature opportunities to network with leading academics and other antitrust attorneys in an informal setting. FTC Chairman William Kovacic will give the keynote address.

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