Public Hearings:

Federal Trade Commission and Department of Justice Hearings
on Section 2 of the Sherman Act: Single-Firm Conduct As Related to Competition

 

May 8 Session

(9:00 A.M. - 1:00 P.M.)

  • Susan A. Creighton is a Partner at Wilson Sonsini Goodrich & Rosati PC and former Director of the Federal Trade Commission’s Bureau of Competition.
  • Jeffrey A. Eisenach is the Chairman of Criterion Economics, L.L.C. and an Adjunct Professor at George Mason University School of Law.
  • A. Douglas Melamed is a Partner and Co-chair of WilmerHale’s Antitrust and Competition Department and former Deputy Assistant Attorney General of the Department of Justice’s Antitrust Division.
  • Timothy J. Muris is a George Mason University Foundation Professor of Law, Of Counsel at O’Melveny & Myers LLP, and former Chairman of the Federal Trade Commission.
  • Robert Pitofsky is the Joseph and Madeline Sheehy professor in Antitrust and Trade Regulation Law, Georgetown University Law Center, Counsel at Arnold & Porter LLP, and former Chairman of the Federal Trade Commission.
  • James F. Rill is a Partner at Howrey LLP and former Assistant Attorney General of the Department of Justice’s Antitrust Division.
  • Charles F. (Rick) Rule is a Partner at Cadwalader, Wickersham & Taft LLP and former Assistant Attorney General of the Department of Justice’s Antitrust Division.
  • J. Gregory Sidak is a Visiting Professor of Law at Georgetown University Law Center and Founder of Criterion Economics, L.L.C.

May 1 Session

(1:00 P.M. - 5:00 P.M.)

  • William J. Baer is a Partner at Arnold & Porter LLP, and former Director of the Federal Trade Commission’s Bureau of Competition.
  • Jonathan B. Baker is a Professor of Law, Washington College of Law, American University, and former Director of the Federal Trade Commission’s Bureau of Economics.
  • Stephen Calkins is a Professor of Law and the Director of Graduate Studies at Wayne State University Law School, Of Counsel at Covington & Burling LLP, and former General Counsel of the Federal Trade Commission.
  • Einer R. Elhauge is the Carroll and Milton Petrie Professor of Law and the Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.
  • Jonathan M. Jacobson is a Partner at Wilson Sonsini Goodrich & Rosati, and a Commissioner of the Antitrust Modernization Commission.
  • William J. Kolasky is a Partner and Co-chair of WilmerHale’s Antitrust and Competition Department, and former Deputy Assistant Attorney General of the Department of Justice’s Antitrust Division.
  • Thomas G. Krattenmaker is Of Counsel at Wilson Sonsini Goodrich & Rosati.
  • Janet L. McDavid is a Partner at Hogan & Hartson LLP.
  • Robert D. Willig is a Professor of Economics and Public Affairs at Princeton University’s Woodrow Wilson School, a Director of Competition Policy Associates Inc., and former Deputy Assistant Attorney General of the Department of Justice’s Antitrust Division.

March 29 Session

Remedy in the Face of Technological Change (9:30 A.M.–12:30 P.M.):

  • Michael Cunningham is general counsel at Red Hat Inc.

  • Renata B. Hesse [Bio] is a partner at Wilson Sonsini Goodrich & Rosati.

  • Marina Lao [Bio] is a professor of law at Seton Hall Law School.
  • William H. Page [Bio] is the Marshall M. Criser eminent scholar at the University of Florida’s Levin College of Law.

  • Howard A. Shelanski [Bio] is an associate dean and a professor of law at the University of California, Berkeley, Boalt Hall, and the director of the Berkeley Center for Law & Technology.

March 28 Sessions

The Objectives and Goals of Remedies in Section 2 Cases (9:30 A.M.–12:00 P.M.):

  • Robert W. Crandall [Bio] is a senior fellow in economic studies at the Brookings Institution.
  • David A. Heiner [Bio] is the vice president and deputy general counsel for antitrust at Microsoft Corporation.
  • Per Hellström [Bio] is chief of Unit C-3 at the European Commission’s Directorate General for Competition.
  • Abbott (Tad) Lipsky [Bio] is a partner at Latham & Watkins LLP and a former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division.

Structural Versus Conduct Remedies (1:30 P.M.–4:30 P.M.):

  • Richard A. Epstein [Bio] is the James Parker Hall distinguished service professor of law, faculty director for curriculum, and the director of the law and economics program at the University of Chicago Law School.
  • Franklin M. Fisher [Bio] is the Jane Berkowitz Carlton and Dennis William Carlton professor of microeconomics, Emeritus, at the Massachusetts Institute of Technology.
  • Andrew Joskow [Bio] is senior vice president of NERA Economic Consulting and a former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division.
  • Dietrich Kleemann is the head of the task force on ex post assessment of merger decisions at the European Commission’s Directorate General for Competition.
  • John Thorne [Bio] is senior vice president and deputy general counsel at Verizon.

Mar. 8, 2007 Session

Session 3 (9:30 A.M.–12:00 P.M.):

  • Andrew Chin [Bio] is an Associate Professor, University of North Carolina School of Law.
  • Robert H. Lande [Bio] is the Venable Professor of Law, University of Baltimore School of Law.
  • Richard Schmalensee [Bio] is the John C. Head III Dean and Professor of Economics and Management, Sloan School of Management, Massachusetts Institute of Technology.
  • Alan H. Silberman [Bio] is a Partner, Sonnenschein Nath & Rosenthal LLP.
  • Michael A. Williams [Bio] is a Director at the ERS Group.

 

Mar. 7, 2007 Sessions

Session 1 (9:30 A.M.–12:30 P.M.):

  • Andrew I. Gavil [Bio] is a Professor of Law, Howard University School of Law.
  • Richard J. Gilbert [Bio] is a Professor of Economics and the Chair of the Berkeley Competition Policy Center, University of California, Berkeley, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.
  • Michael L. Katz [Bio] holds the Sarin Chair in Strategy and Leadership, Haas School of Business, and is also a Professor of Economics, University of California, Berkeley, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.
  • Philip B. Nelson [Bio] is a Principal at Economists, Inc.
  • Joseph J. Simons [Bio] is a Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP, and a former Director, Bureau of Competition, Federal Trade Commission.
  • Lawrence J. White [Bio] is the Arthur E. Imperatore Professor of Economics, Leonard N. Stern School of Business, New York University, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.

Session 2 (2:00 P.M.–4:30 P.M.):

  • Simon Bishop [Bio] is a Partner and co-founder, RBB Economics.

  • Thomas G. Krattenmaker [Bio] is Of Counsel, Wilson Sonsini Goodrich & Rosati.

  • Miguel de la Mano [Bio] is a Member of the Chief Economist Team, Directorate General for Competition, European Commission.
  • Joe Sims [Bio] is a Partner, Jones Day, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.

  • Irwin M. Stelzer [Bio] is the Director of Economic Policy Studies and a Senior Fellow, Hudson Institute.

February 13, 2007 Session:

 

Business Testimony (9:30 A.M.–12:00 P.M. CST):

  • David A. Balto [Bio] Attorney, on behalf of the Generic Pharmaceutical Association.

  • Patrick Sheller [Bio] is the Chief Compliance Officer, Eastman Kodak Company.
  • Ron Stern [Bio] is the Vice President and Senior Competition Counsel, General Electric Company.

Business Testimony (1:30 P.M.–4:00 P.M. CST):

  • Stan Anderson [Bio] is the Senior Counsel to the President, United States Chamber of Commerce. Sean Heather spoke on behalf of Stan Anderson.
  • Bruce Sewell [Bio] is the Senior Vice President and General Counsel, Intel Corporation.
  • Bruce Wark [Bio] is the Associate General Counsel, American Airlines, Inc.

 

Jan. 30, 2007 Sessions
University of California at Berkeley
Haas School of Business
Wells Fargo Room, 2220 Piedmont Avenue
Berkeley, California 94720

Business Testimony (9:30 A.M.–12:30 P.M. P.S.T.):

    • Michael D. Hartogs [bio] is the Senior Vice President and Division Counsel at QUALCOMM Technology Licensing.
    • David A. Heiner [bio] is the Vice President and Deputy General Counsel for Antitrust at Microsoft Corporation.
    • Scott K. Peterson [bio] is Senior Counsel at Hewlett-Packard Company.
    • Robert A. Skitol [bio] is a senior partner in the Antitrust Practice Group at Drinker Biddle & Reath LLP (Washington, D.C.) and counsel to the VMEbus International Trade Association (VITA).

Business Testimony (2:00 P.M.–4:30 P.M. P.S.T.):

    • David A. Dull [bio] is the Senior Vice President of Business Affairs, General Counsel, and Secretary at Broadcom Corporation.
    • Michael E. Haglund [bio] is a partner at Haglund Kelley Horngren Jones & Wilder (Portland, Ore.) and counsel to Ross-Simmons.
    • Thomas M. McCoy [bio] is the Executive Vice President of Legal Affairs and Chief Administrative Officer at AMD.

Jan. 31, 2007 Sessions

Academic Testimony (9:30 A.M.–12:00 P.M. P.S.T.):

    • Aaron Edlin [bio] is the Richard Jennings Professor of Law at the University of California, Berkeley.
    • Joseph Farrell [bio] is a Professor of Economics at the University of California, Berkeley.

    • Howard Shelanski [bio] is the Associate Dean and a Professor of Law at the University of California, Berkeley, and the Director of the Berkeley Center for Law & Technology.

Academic Testimony (1:30 P.M.–4:30 P.M. P.S.T.):

    • Timothy Bresnahan [bio] is the Landau Professor in Technology and the Economy in the economics department at Stanford University.
    • Richard Gilbert [bio] is a Professor of Economics at the University of California, Berkeley and the Chair of the Berkeley Competition Policy Center.
    • Daniel Rubinfeld [bio] is the Robert L. Bridges Professor of Law and Professor of Economics at the University of California, Berkeley.
    • Carl Shapiro [bio] is the TransAmerica Professor of Business Strategy and Professor of Economics and the Director of the Institute of Business and Economic Research at the University of California, Berkeley.

December 6:
(601 New Jersey Ave., N.W., Conference Room A)

Misleading and Deceptive Conduct (9:30 a.m.–1:00 p.m.):

November 29:
(601 New Jersey Ave., N.W., Conference Room C)

Loyalty Discounts (9:30 A.M. - Noon):

  • Joseph Kattan [bio], is a partner at Gibson, Dunn & Crutcher LLP.

  • Thomas Lambert [bio],is an associate professor of law at the University of Missouri School of Law.
  • Barry Nalebuff [bio], is the Milton Steinbach professor of management at the Yale University School of Management.
  • David Sibley [bio],is the John T. Stuart III centennial professor in economics at the University of Texas at Austin and a former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division.
    • [Paper: An Antitrust Analysis of Bundled Loyalty Discounts, (Greenlee, Reitman, Sibley) 2006]

Loyalty Discounts (1:30 P.M. - 4:00 P.M.):

  • Daniel A. Crane [bio], is an associate professor of law at the Yeshiva University Benjamin N. Cardozo School of Law.

  • Timothy J. Muris [bio], is a George Mason University Foundation professor of law, Of Counsel at O’Melveny & Myers LLP, and a former Chairman of the Federal Trade Commission.

  • Janusz Ordover [bio], is a professor of economics at New York University and a former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division.
    • [Presentation]
    • [Paper - All-units Discounts in Retail Contracts (Kolay, Shaffer, and Ordover, August 2002)]
    • [Paper - Exclusionary Discounts (Ordover and Shaffer, August 2006)]

  • Willard K. Tom [bio], is a partner at Morgan, Lewis & Bockius LLP and a former Deputy Director of the Federal Trade Commission’s Bureau of Competition.

November 15:
(601 New Jersey Ave., N.W., Conference Room A)

Exclusive Dealing (9:30 a.m.-12:00 noon):

  • Jonathan M. Jacobson, [bio]is a Partner, Wilson Sonsini Goodrich & Rosati, and Commissioner, Antitrust Modernization Commission.
  • Howard P. Marvel [bio] is a Professor of Economics, Department of Economics, The Ohio State University, and a Professor of Law, Michael E. Moritz College of Law, The Ohio State University.
  • Richard M. Steuer [bio] is a Partner, Mayer, Brown, Rowe, & Maw LLP.
  • Mary W. Sullivan [bio] is an Assistant Professor of Accountancy, The George Washington University.
  • Joshua D. Wright [bio] is an Assistant Professor of Law, George Mason University School of Law
    • [Paper - The Economics of Slotting Contracts]
    • [Paper - Antitrust Analysis of Category Management: Conwood v. United States Tobacco]
    • [Presentation]

Exclusive Dealing (1:30 p.m.-4:00 p.m.):

  • Stephen Calkins [bio] is a Professor of Law and the Director of Graduate Studies, Wayne State University Law School, Of Counsel, Covington & Burling LLP, and former General Counsel of the Federal Trade Commission.

  • Joseph Farrell [bio] is a Professor of Economics, University of California, Berkeley, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.
  • Benjamin Klein [bio] is a Professor Emeritus, Department of Economics, University of California, Los Angeles.
    • [Presentation]
    • [Paper - Procompetitive Justifications for Exclusive Dealing: Preventing Free-Riding And Creating Undivided Dealer Loyalty]

  • Abbott (Tad) Lipsky [bio] is a Partner, Latham & Watkins LLP, and a former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice

November 1:
(FTC Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, D.C., Room 432)

Tying (9:30 A.M. to 1 P.M.):

  • David Evans [Bio] is a Visiting Professor, Faculty of Laws, University College London and Vice Chairman of LECG Europe.

  • Robin Cooper Feldman [Bio] is an Associate Professor of Law, Hastings College of the Law, University of California.

  • Mark Popofsky [Bio] is an Adjunct Professor at Georgetown University Law Center and a Partner, Kaye Scholer LLP.

  • Donald J. Russell [Bio] is a Partner, Robbins, Russell, Englert, Orseck, & Untereiner LLP.
  • Michael Waldman [Bio] is the Charles H. Dyson Professor of Management and Professor of Economics, Cornell University.
  • Robert D. Willig [Bio] is a Professor of Economics and Public Affairs, Woodrow Wilson School, Princeton University, a Director of Competition Policy Associates, Inc., and a former Deputy Assistant Attorney General, Department of Justice, Antitrust Division.

 

October 26:
( FTC Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC, Room 532)

Understanding Single-Firm Behavior: Business History Session (9:30 AM - 12:00 PM):

  • Tony Allan Freyer, [Bio] University Research Professor of History and Law, University of Alabama School of Law.
  • Louis Galambos, [Bio] Professor of History, The Johns Hopkins University, President, Business History Group, and Co-Director, Institute for Applied Economics and the Study of Business Enterprise.
  • James P. May, [Bio] Professor of Law, Washington College of Law, American University.
  • George David Smith, [Bio] Clinical Professor of Economics, Entrepreneurship and Innovation, New York University Stern School of Business.

Understanding Single-Firm Behavior: Business Strategy Session (1:30 PM - 4:00 PM):

  • Jeffrey P. McCrea, [Bio] Vice President, Sales and Marketing Group at Intel Corporation.
  • David J. Reibstein, [Bio] William S. Woodside Professor and Professor of Marketing, The Wharton School, University of Pennsylvania.
  • David T. Scheffman, [Bio] Director of LECG, LLC, an Adjunct Professor of Business Strategy and Marketing, Owen Graduate School of Management, Vanderbilt University, and former Director, Bureau of Economics at the FTC.

  • George David Smith, [Bio] Clinical Professor of Economics, Entrepreneurship and Innovation, New York University Stern School of Business

September 26:
(601 New Jersey Ave., N.W., Conference Room C)

Understanding Single Firm Behavior: Empirical Perspectives Sessions
(9:00 AM - 12:30 PM):

  • F. Michael Scherer [bio], Professor Emeritus of Public Policy and Corporate Management in the Aetna Chair, John F. Kennedy School of Government, Harvard University, and former Director of the FTC’s Bureau of Economics.
  • Luke M. Froeb, [bio] William C. and Margaret W. Oehmig Associate Professor in Entrepreneurship and Free Enterprise, Owen Graduate School of Management, Vanderbilt University, and former Director of the FTC’s Bureau of Economics.
  • Wally Mullin [bio], Associate Professor of Economics, George Washington University.
  • Jonathan B. Baker [bio], Professor of Law, Washington College of Law, American University, and former Director of the FTC’s Bureau of Economics.

  • Clifford Winston [bio], Senior Fellow in Economic Studies, The Brookings Institution.

  • David Reitman [bio], Principal at CRA International Inc.

  • Robert C. Marshall [bio], Head, Department of Economics and Co-Director of the Center for the Study of Auctions, Procurements, and Competition Policy, Pennsylvania State University (currently on leave), and Partner at Bates White LLC.

September 12:
(601 New Jersey Ave., N.W., Conference Room C)

Morning Session (9:30 am - 12:00 pm): International Enforcement Perspectives

  • Philip Lowe [bio], Director General, Competition of the European Commission.
  • Hideo Nakajima [bio], Deputy Secretary General, General Secretariat, of the Japan Fair Trade Commission.
  • Eduardo Pérez Motta [bio], President, Mexican Federal Competition Commission.
  • Sheridan Scott [bio], Commissioner, Competition of the Canadian Competition Bureau.

Afternoon Session (1:30 - 4:00 pm): Practitioner and Academic Perspectives

  • George Addy [bio], partner at Davies Ward Phillips & Vineberg LLP, former head, Canadian Competition Bureau.
  • [Speaking Notes]

  • Margaret Bloom [bio], visiting professor, School of Law, King’s College London, and a senior consultant at Freshfields Bruckhaus Deringer.
  • Paul Lugard [bio], Head of Antitrust, Royal Philips Electronics N.V.

  • James F. Rill [bio], partner, Howrey LLP and former Assistant Attorney General, Antitrust Division, Department of Justice.

July 18: Refusals to Deal
(601 NJ Ave NW, Conference Room C, 1:30-5:30 pm)

  • William J. Kolasky [bio], Partner and Co-Chair of WilmerHale’s Antitrust and Competition Department, and former Deputy Assistant Attorney General, Department of Justice, Antitrust Division.
  • R. Hewitt Pate [bio], Partner and Head of Hunton & Williams’s Global Competition Practice Group, and former Assistant Attorney General, Department of Justice, Antitrust Division.
  • Robert Pitofsky [bio], Joseph and Madeline Sheehy Professor in Antitrust and Trade Regulation Law, Georgetown University Law Center, and former Chairman, FTC.

  • Steven C. Salop [bio], Professor of Economics and Law, Georgetown University Law Center.
  • Thomas F. (Tom) Walton [bio], Director, Economic Policy Analysis, General Motors Corporation.
  • Mark Whitener [bio], Senior Counsel, Competition Law & Policy, General Electric Company, and Former Deputy Director of the FTC’s Bureau of Competition.

June 22: Predatory Pricing
(FTC – Room 432)

Morning Session (9:30 am - 12:00 pm): Selling

  • Patrick Bolton [bio] , Barbara and David Zalaznick Professor of Business, Columbia University Business School
  • Kenneth G. Elzinga [bio], Robert C. Taylor Professor of Economics, University of Virginia
  • A. Douglas Melamed [bio], Wilmer Cutler Pickering Hale and Dorr, LLP, and former Deputy Assistant Attorney General, Antitrust Division
  • Janusz Ordover[bio], Professor of Economics, New York University, and former Deputy Assistant Attorney General, Antitrust Division

Afternoon Session (1:30 - 4:00 pm): Buying

  • Tim Brennan [bio], Professor of Economics and Public Policy, University of Maryland, Baltimore County, and 2006 T.D. MacDonald Chair in Industrial Economics, Canadian Competition Bureau
  • John Kirkwood [bio] , Professor of Law, Seattle University School of Law, and former Assistant Director, Bureau of Competition, FTC
  • Janet L. McDavid [bio] , Hogan & Hartson LLP
  • Steven C. Salop [bio] , Professor of Economics and Law, Georgetown University Law Center
  • Frederick R. Warren-Boulton [bio] , Principal, Microeconomic Consulting & Research Associates, Inc., and former Deputy Assistant Attorney General, Antitrust Division

June 20: Welcome and Overview of Hearings
(FTC – Room 432 from 2:00 to 4:00 pm)

 
  • Deborah Platt Majoras, Chairman, Federal Trade Commission
  • Thomas O. Barnett, Assistant Attorney General for Antitrust, Department of Justice
  • Dennis Carlton [bio] , Professor of Economics, University of Chicago Graduate School of Business
  • Herbert Hovenkamp [bio], Ben V. & Dorothy Willie Distinguished Professor of Law, University of Iowa College of Law