Wilson Sonsini Goodrich & Rosati Partner Jonathan Jacobson Elected Chair of ABA Antitrust Section Contact: Alicia Towler White Wilson Sonsini Goodrich & Rosati 212.497.7774 2013), When Offense is the Best Defense: Handling Concurrent Threats of Private Lawsuits and Government Investigations, (moderator) ABA Section of Antitrust Law Corporate Counseling Committee Teleseminar (Sep. 2012), The Antitrust-Labor Interface: Not Just for Pro Athletes, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (Mar. Alston & Bird Earns 13 Leadership Appointments to ABA Antitrust Law Section. This also means disclaiming generalized prohibitions of "discrimination" and of "unfairness . 8 Sherman Act: Offense Charged and Elements of the Offense. Ms. Prewitt defends corporations and executives facing complex and often cross-border antitrust investigations initiated by US federal (DOJ), state, and foreign . With over 3700 registrants from over 60 countries and dozens of panels, events, and receptions formal and informal the 2023 Spring Meeting was the place to be for antitrust and consumer protection lawyers last week. Vincent can search across the entire body of ABA Antitrust expert coverage and analysis to deliver related and relevant results, uncovering insights and answers in a matter of seconds, while also ensuring no important arguments or documents are missed, vLex says. Be sure to join the Unilateral Conduct Community on ABA Communities! Ms. Prewitt regularly speaks and writes on regulatory trends and updates in international competition, including: Mike Egge voted as Dealmaker of the Year for groundbreaking work and his dynamic leadership within Latham and the antitrust bar broadly. How It Worksis a sponsored video series that lets you see how legal technology products work. The letter is nothing short of a searing critique of the legislation, which the section finds to be poorly written, vague, and departing from established antitrust-law principles. Steve also teaches antitrust law at both the University of Michigan Law School and the Thomas M. Cooley Law School Corporate & Finance LLM program. Dr. Moss has spoken widely on various topics involving competition policy and enforcement, testified before Congress, appeared before state and federal regulatory commissions, and made numerous radio and television appearances. Cernak moderated a panel of the Federal Trade Commission Bureau Directors. Protecting consumers. It is written by Robert Ambrogi, a lawyer and journalist who has been writing and speaking about legal technology, legal practice and legal ethics for more than two decades. We revise it every summer. The contact form sends information by non-encrypted email, which is not secure. The Antitrust Law Section is the key to. Is the FTC Picking on the Pharmaceutical Industry Through New HSR Rules? Given this context, the comments must be read as a high-level judgment that recent legislative and regulatory efforts to discipline tech fall outside the legal mainstream and would come at the cost of established antitrust principles, legal precedent, transparency, sound economic analysis, and ultimately consumer welfare. Legal textbooks have always been expensive but these days, the cost of a new commercially-published antitrust law casebook can range from $300 to $500. Washington, D.C. Cleary Gottlieb partners Leah Brannon, Bruce Hoffman, and Heather Nyong'o, and associate Lisa Danzig spoke at the ABA's 2023 Antitrust Law Spring Meeting. GOVERNMENT'S REQUEST NO. to member and customer service. May 26, 2023. The split is not the same red v. blue split seen elsewhere in U.S. politics and expect to see strange bedfellows for some time to come. Reach us by phone or email: Call 1-800-BANKERS (800-226-5377) Email Customer Support. Indeed: The Section further recommends that these definitions direct attention to analysis consistent with antitrust principles: effects-based inquiries concerned with harm to the competitive process, not merely harm to particular competitors. Many thanks to my Attorney Advisor Adam S. Cella for his assistance in the preparation of these remarks. As John B. Kirkwood of Seattle University School of Law has written: Market powers pivotal role is clearThis concept is central to antitrust because it distinguishes firms that can harm competition and consumers from those that cannot. Promoting competition. Were in our third edition now. You have successfully joined our subscriber list. Antitrust Law and Effects on Innovation, Quality and the Labor Market, State Regulation or Merely a Gauzy Cloak: A Preview of the North Carolina Board Oral Argument in the Supreme Court. She has published articles in a number of economic and legal journals, including: American Economic Review, Journal of Industrial Organization, The Antitrust Bulletin, The Antitrust Source, Antitrust Magazine, and Energy Law Journal. The ABA, of course, has a reputation as an independent, highly professional, and heterogenous group. Comparing todays moments to those historical eras, it appears that the durability of recent enforcement changes will depend on the reception of the courts and how long the new program lasts. She serves on the Advisory Board of ABA Antitrust Sections Women.Connected Committee and as liaison to the Antitrust Sections leadership Council. The collection of competition and consumer protection content covers essential areas of antitrust law such as monopolization, intellectual property, consumer . Section One of the Sherman Act. Each episode features a hands-on demonstration, presented by the products developer and moderated by me. The appointments recognize lawyers across Alston & Birds offices in Atlanta, San Francisco, and Washington, D.C. Too Political or Not Political Enough? Mainstream Media Is (Finally) Covering Antitrust Policy. Metadata constructed with expert insight from the ABA Antitrust Law Section will enhance text discoverability and research results, vLex says. 9 . Twelve Alston & BirdAntitrust Teamattorneys have been appointed to leadership posts with the American Bar Association Section of Antitrust Law, the countrys largest and most prominent antitrust bar organization. The collection will be enriched with extensive hyperlinks to relevant case law on vLex, allowing users to easily navigate between primary and secondary law. If I Were YouId Listen to this Podcast about Antitrust in Employment Markets in the UK and EU, Antitrust, Web3 and Blockchain Technology: A Quick Look into the Refusal to Deal Theory as Exclusionary Conduct, Minnesota is the New California for Non-Compete Agreements. Open source casebooks, on the other hand, are available online and can be downloaded for free or printed on demand for a significantly lower price. The opportunity to spend the time digging in with Chris and putting together a syllabus and a project that could show people really from their first day in an antitrust classroom just how exciting, how vibrant, how engaging antitrust is, that was impossible to say no to, Francis says. She is quoted and cited in Senator Amy Klobuchars recent book, Antitrust. ABAs Antitrust Law Section hopes to attract. The Implications of Axon, Louisiana Childrens Medical Center, and Other Challenges to the FTCs Power, The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the tools in their enforcement and regulatory toolkit to address harms that they see as taking place across the economy. Indeed, the sections open letter observes that, out of the 10 categories of prohibited conduct spelled out in the legislation, only three require a material harm to competition.. Antitrust: Mergers, Compliance, and Investigations. LawSites, is a columnist for Above the In this episode, we ask Natalie Harsdorf-Borsch, acting director of the Austrian Federal Competition Authority, Laura Melusine Baudenbacher, president of the . Authors: Steve Cernak, Dylan Carson, Kristen Harris. She focuses on managing responses to both civil and criminal government antitrust investigations. For instance, as the ABA Antitrust Law Section previously observed in comments to the Australian Competition and Consumer Commission, a prohibition of pricing discrimination can limit the extent of discounting generally. Receive a weekly digest of all new content. Antitrust Refusal-to-Deal Cases: At or Near, but Still not Beyond, the Outer Boundary of Section 2, The Enduring Rationale for Limits of Antitrust, Robinson-Patman Suits Against 5-Hour Energy Maker Provide Lessons for Other Suppliers, Maybe History Can Provide Useful Perspective, No Need to Restrain Carpet-bombing with Ugly Throw Pillows: Creation of the FTCs Economic Liberty Task Force, 5 Things to Expect from the Ohlhausen Commission, Many Speeches to Review as Experts and Public Debate Antitrust Policy, The ALLOW Act: Another Helpful Step Against Protectionist Licensing, Antitrust Overhaul? . An interesting vibe we picked up from panels on the Biden Administration as well as hallway conversations is the newer ideological splits. Matt Tabas, an experienced antitrust practitioner and former FTC attorney, joins Jeny Maier and Melissa Maxman to offer an overview of the challenges that the FTC is facing while it is seeking to flex its enforcement muscles. Give us feedback, share a story tip or update, or report an error. On the other side are the supporters of that economics-based status quo, including both Obama-era enforcers and big business types, who, while not always agreeing on specifics, have found a common opponent in the Biden Administration enforcers. Alston & Bird continues to grow its San Francisco office with the hiring of litigation veteran Stuart Plunkett as partner. In addition, the Committee assists the Section of Antitrust Law and the larger ABA in responding to requests for commentary on competition policy in general. The Hall of Fame-inism honors those who have made contributions as role models and in promoting women in the antitrust, consumer protection, and data privacy fields. Bona Law helps clients all over the world solve their antitrust and competition problems. Two important voting rights cases also were decided this term with the Court upholding Section 2 of the Voting Rights Act with a 5-4 decision authored by Roberts in the case of Allen v Milligan. Jonathan Gleklen wanted to do something a little different during his year as chair of the ABA Antitrust Law Section. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. Such definitions cast an overly wide net that can potentially capture consumer-facing conduct that doesnt have the potential to harm competition at all. I appreciated Antara Dutta and ABA Antitrust Law Section Diversity.Advanced inviting me to participate in their "What's in a Name" series for AANHPI Liked by Margaret Stafford Comment These sources may be helpful: American Bar Association Antitrust Section, Model Jury Instructions in Civil Antitrust Cases (A.B.A., Chicago, Ill., 2016) On one side are the Biden Administration enforcers and their many supporters who want to see new or revived enforcement theories or laws very different from those that have prevailed for over forty years. It is precisely for this reason that existing antitrust laws are tethered to market poweri.e., because it long has been recognized that only companies with market power can harm competition. With over 3700 registrants from over 60 countries and dozens of panels . ABA Groups; Health Law Section; Health Law Section News; June; June 30, 2023 Washington Roundup. GOVERNMENT'S REQUEST NO. Access to the collection on vLex is available for both ABA members and non-members, with special pricing agreements in place for members. Call us for any question ranging from products and services, to ABA experts. Prior to transitioning to private practice, Ms. Prewitt spent 16 years as a trial lawyer in the Antitrust Division of the US Department of Justice (DOJ). Steve is a prolific writer on cutting-edge topics in antitrust and competition law. Join Us! PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the Eleventh Circuit. As a result, Steve has experience tackling the toughest antitrust issues, and explaining them to everyone from CEOs to government investigators. Throughout a seven-week trial in Denver in the fall of 2021, leading to a hung jury with nine votes to acquit, and then a six-week trial during the spring of 2022 resulting in another hung jury, the Latham team put up an aggressive defense to the governments case and proved that our client had neither motive nor means to fix prices. A Debate on the Relationship Between Antitrust Enforcement and Democracy. The announcement is being made at the Antitrust Law Sections spring meeting in Washington, D.C. vLex said that the collection will be integrated with and powered by its natural language processing contextual search tools, driven by vLexs AI-powered legal research assistant, Vincent. Alston & Bird Continues Strong Growth in San Francisco with Addition of Veteran Litigator Stuart Plunkett as Partner. The collection of competition and consumer protection content covers essential areas of antitrust law such as monopolization, intellectual property, consumer protection, mergers and acquisitions, and more. Next years event promises to continue this tradition when Cernak becomes Antitrust Section Chair-elect in August 2023 and Harris joins him in Section leadership. With special guest: Jess Miers, Legal Advocacy Counsel, Chamber of Progress Related Links: Matt Pereault, Section 230 Wont Protect ChatGPT, Lawfare Jess Miers, Yes, Section 230 Should Protect ChatGPT And Other Generative AI Tools, Techdirt Henderson v. The Source for Public Data Fourth Circuit Opinion Fair Housing Council of San Fernando Valley v. Roommates.com Ninth Circuit Opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myersand Christina Ma, Wachtell, Lipton, Rosen & Katz. These books benefit a lot from the community that grows up around them, Sprigman says. Axin the FTCs Administrative Authority? Bruce spoke on the panel, "Self-Preferencing: Good, Bad, and In-Between.". In response to the above, the ABA Antitrust Law Section (reasonably) urges Congress explicitly to require an effects-based showing of harm to the competitive process as a prerequisite for all 10 of the infringements contemplated in the AICOA. Listen to this episode as they talk with co-hosts Alicia Downey and Sarah Zhang about this important project and whether eliminating the expense of traditional casebooks might lead to an increase in law students taking antitrust and potentially pursuing careers in the field. That was the question addressed by the largest panel at the Spring Meeting, the Chairs Showcase program. Several appointments are new for the Sections 2020-21 term that begins this month, while others are continuations of previous appointments. 81, 81.0181.04 (Patent Based Antitrust Claims). So will the ideas and actions of the Biden Administration, and their supporters, survive? 79, 79.0179.08 (, Manual of Model Criminal Jury Instructions, 13.2 LMRA 301Damages (29 U.S.C. We made similar points in an earlier post. On the DOJ side, the importance of corporate antitrust compliance programs and the future of criminal and civil monopolization cases were repeated themes on multiple panels. Conversations With Competition Law Enforcers at the 2023 Spring Meeting. La investigacin de la Comisin Europea sobre el sector farmacutico Empresas Innovadoras vs. Fabricantes de Genricos? Antitrust Practitioners Should Join the Discussion. Prior to joining Bona Law, Steve served as in-house antitrust counsel at General Motors for 20 years, ultimately responsible for mergers, antitrust litigation, and global antitrust compliance. 27, 2014), Advertising Claims Are the Substantiation Standards Shifting? (moderator) 61st Spring Meeting, ABA Section of Antitrust Law (Apr. The [copyright] casebook has quickly become very widely used, Sprigman says. 2023 Hal White Antitrust Conference. Leonard B. Arriving from Baker Botts LLP, he was one of the founding partners of the firms San Francisco office and also its hiring partner. Sprigman, who previously worked in the Department of Justices Antitrust Division and with Gleklen on the ABAs Antitrust Law Journal, volunteered to bring his experience to the new Antitrust Law Section project. Hall of Fame-inism honorees have consistent track records of supporting and promoting other women, individually through mentoring, sponsoring, hiring, and creating leadership opportunities, and in promoting systemic progress to reverse gender inequality. In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section's 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. The new Director of the Bureau of Economics swatted away that claim, saying he and his economists are fully on board with the enforcement direction. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 185). The tracker covers criminal, non-merger civil, merger, and regulatory actions. Ms. Prewitt defends corporations and executives facing complex and often cross-border antitrust investigations initiated by US federal (DOJ), state, and foreign competition enforcement agencies. But Gleklen, who began his term in August, proposed instead that the section create a task force to develop an open source antitrust casebook for law school students. Sens. Her work spans both antitrust and regulation, with industry expertise in digital technology, electricity, petroleum, food and agriculture, airlines, telecommunications, and healthcare. Spencer Waller, law professor at the Loyola University Chicago School of Law, and Geoffrey Manne, founder of the International Center for Law and Economics, debate this important question with hosts Sergei Zaslavsky and Melissa Maxman. Since joining AAI in 2001, Dr. Moss has developed and expanded AAIs advocacy channels and strategies, and strengthened communications with public and private enforcers, Congress, other advocacy groups, and the media. Analyzing Whether Section 230 Should Apply to Generative AI. Ms. Prewitt is known as a preeminent competition lawyer and has been recognized internationally by leading publications, including as a leading lawyer by Global Competition Review; Expert Guides: Business Law and Competition; Whos Who Legal: Competition recognizing her as one of the leading cartel lawyers in the US who is praised as a talented criminal antitrust lawyer with strong presence; Lawdragon recognizes her as one of 500 Leading Litigators in America; The Legal 500, recognizing her for being exceptionally knowledgeable, commercial, user-friendly and responsive; and Chambers USA, with sources describing her as an expert in antitrust law and very smart, very strategic and very user-friendly. Most recently, Ms. Prewitt was the winner of the US Behavioral Matter of the Year award by GCR for successfully defending a poultry executive facing a criminal price fixing charge by the DOJ, serving as first-chair trial counsel over the course of 13 weeks prior to its dismissal with prejudice. Ahead of todays release, I had the opportunity to get a preview of the new antitrust library as part of our continuing series of product demonstrations, How It Works. /content/aba-cms-dotorg/en/groups/antitrust_law/about/committees/unilateral-conduct. Don't miss out! Coca-Cola, a leading monopolization case under Section 2 of the Sherman Act. As such, they inject variability and indeterminacy into how the legislation would be administered. He learned about the open casebook movement from Christopher Sprigman, his University of Chicago Law School classmate who co-authored an open copyright law textbook in 2019. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Antitrust Law Casebook. Their hope is to finish the casebook within two years and make it available in summer 2023. While all those panelists offered helpful views, Andy Gavils historical review of past inflection points in antitrust history, especially during the Franklin Roosevelt and the Ronald Reagan Administrations, was especially illuminating. Alston & Bird Earns 10 Leadership Appointments in ABA Antitrust Section. Sprigman and Francis plan to take turns writing and editing the casebooks chapters and will then ask colleagues who volunteered to be editorial consultants for their feedback. The problem, the sections letter to Congress argues, is not only that this increases the teleological chasm between AICOA and the overarching goals and principles of antitrust law, but that it can also easily lead to harmful unintended consequences. With special guest: Matthew Tabas, Partner, Arnold & Porter Hosted by: Jeny Maierand Melissa Maxman, A New Syllabus For Antitrust Class? Ten Alston & Bird Antitrust Team attorneys, including seven partners, have been appointed to leadership posts in the largest and most prominent antitrust bar organization, the American Bar Association Section of Antitrust Law. 1 I am grateful for the opportunities that it has provided me and my colleagues, as well as young and emerging leaders in the antitrust bar. The first relates to deviations from antitrust orthodoxy and the principles that guide enforcement. He has held various leadership positions within the ABA Section of Antitrust Law, including as the Vice Chair of the Mergers & Acquisitions Committee (2017-2019), Vice Chair of the Civil Practice and Procedure . Share: . Interesting topics. Will this decision prompt a host new of challenges to the FTC's authority? Some commentators had complained that this FTC was downplaying or completely ignoring economic learning. Section 230 generally shields online platforms from liability for third-party content. FTC/DOJ Workshop on Conditional Pricing Practices Good as Far as It Goes, OTA Case Turns Out to Be Less about MFNs and More about Agreement. It instead appears to enshrine a freestanding prohibition of discrimination. Committee Resources. Kevin F. OMalley, et al., 3A Federal Jury Practice and Instructions, ch. 2012), American Bar Association, Section of Antitrust Law, Marketing Officer, State Bar of Michigan, Antitrust, Franchising & Trade Regulation Section, Member, U.S. Chamber of Commerce, Antitrust Council, International Competition Policy Working Group, Member, University of Michigan Law School, Intermittent Lecturer; Counseling and Advocacy in Antitrust; In House Counsel; Advanced Antitrust; Federal Antitrust (2009-present) Wayne State University Law School, Adjunct Professor; Antitrust Law, (2012-2014) Thomas M. Cooley Law School Corporate and Finance LLM Program, Adjunct Professor; Antitrust Law (2010-present). She served as Assistant Chief of the Antitrust Division in the New York office from 2012 to 2014 and as a Visiting International Enforcer to the European Commissions Directorate-General for Competition in Brussels.
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