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Bates White's 8th Annual Antitrust Conference

Washington, DC
June 6, 2011

Panel sessions

Trends and takeaways from recent merger enforcement actions 

Joseph Farrell, Director, Bureau of Economics, Federal Trade Commission
Robert Kramer II, General Counsel, Office of the Assistant Attorney General, Department of Justice
John H. Lyons, Partner, Skadden, Arps
Scott A. Sher, Partner, Wilson Sonsini Goodrich & Rosati
David P. Wales, Partner, Jones Day
George A. Rozanski, Partner, Bates White Economic Consulting (moderator)

It has been more than two years since the change in administration and almost a year since the publication of the new Horizontal Merger Guidelines. This new regime has been in place long enough now to allow for an informed assessment of what changes it has brought about. The panel will discuss recent developments in merger enforcement, with panelists from the enforcement agencies and the private bar exploring the following topics:

Is it time to improve the Foreign Trade Antitrust Improvement Act?

Amy B. Manning, Partner, McGuireWoods
Jerome A. Murphy, Partner, Crowell & Moring
Mark Rosman, Partner, Wilson Sonsini Goodrich & Rosati
Jodi Trulove, Partner, Dickstein Shapiro
Charles L. Miller, Partner, Bates White Economic Consulting (moderator).

In a number of antitrust cases–including notable recent decisions in LCDsDRAM, andAMD v. Intel–courts have limited private remedies available under U.S. law in rulings citing the Foreign Trade Antitrust Improvement Act (FTAIA) of 1982.

Critics claim that such decisions deny full compensation to victims, allow violators to retain illegal gains, and dilute the threat of treble-damage remedies. Proponents argue that international comity requires limits to U.S. civil actions and that higher U.S. civil penalties discourage self-reporting of antitrust violations and cooperation with authorities. We will explore the following questions:

 Click here for Charles Miller′s presentation.


“Market Power, Market Definition, and the Merger Guidelines

Louis Kaplow, Finn M.W. Caspersen and Household International Professor of Law and Economics; Associate Director, John M. Olin Center for Law, Economics, and Business, Harvard Law School

Date, location, and timeline

Monday, June 6, 2011
Ronald Reagan Building
1300 Pennsylvania Avenue NW
Washington, DC 20004

2:30–3:00 p.m.
Horizon Room

Horizontal Merger Guidelines panel
3:00–4:15 p.m.
Horizon Room

FTAIA panel
4:30–5:45 p.m.
Horizon Room

6:00–7:00 p.m.
Rotunda Room

Dinner and keynote address
7:00–9:30 p.m.
Rotunda Room


Registration is complementary. To attend, please email Claudine Roshanian or call her at 202.216.1801.

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