Rulemaking Authority of the Federal Trade CommissionRegister
Registration & Breakfast8:45
OPENING KEYNOTE SPEECH09.15
J. Howard BEALES III | Emeritus Professor of Strategic Management and Public Policy, George Washington University School of Business, Washington D.C. (bio)
#1 ANTITRUST AND LEGISLATION9:45
Economy-wide legislation, or targeted legislation, have seen recent developments from Senator Klobuchar’s original proposals to the House of Representatives’ proposals. In addition, antitrust legislation versus regulation can be enforced against emerging economy-wide competition problems versus the imposition of regulations for specific industries.
Bilal SAYYED | Senior Adjunct Fellow, TechFreedom, Washington D.C (bio)
Andrew GAVIL | Professor of Law, Howard University | Senior of Counsel, Crowell & Moring (bio)
Sean HEATHER | Senior Vice President, International Regulatory Affairs & Antitrust, U.S. Chamber of Commerce, Washington D.C (bio)
Moderator: Randy STUTZ | Vice President of Legal Advocacy, American Antitrust Institute, Washington D.C (bio)
#2 LEGISLATIVE PROCESS: ROLE OF CONGRESS VS. ROLE OF THE FTC11:45
The authority of Congress and the FTC’s rulemaking power may be debated, particularly from a UDAP versus UMC perspective. In addition, there are questions and issues regarding conflicts of law between administrative and existing case law and jurisdictional conflicts regarding the application of FTC rules only by the FTC.
Alden ABBOTT | Senior Research Fellow, Mercatus Center, George Mason University, Former General Counsel, FTC, Washington D.C (bio)
Marina LAO | Professor, Seton Hall University School of Law, Newark, NJ (bio)
Maureen OHLHAUSEN | Partner, Baker Botts, Washington D.C (bio)
Richard PIERCE | Professor of Law, George Washington University, Washington D.C. (bio)
Moderator: Aurélien PORTUESE | Director of Antitrust & Innovation Policy, Information Technology and Innovation Foundation, Washington D.C. (bio)
BOOK PRESENTATION: RULEMAKING AUTHORITY OF THE US FEDERAL TRADE COMMISSION13:15
Edited by Daniel A. Crane, with a Foreword by J. Howard Beales III & Timothy J. Muris, this timely new publication draws on the experience of lawyers and academics, including practitioners with backgrounds at the FTC, to address the myriad questions raised by the prospect of notice-and-comment rulemaking to make major changes in antitrust law.
With essays by: Alden F. Abbott , Jonathan M. Barnett, Corbin Barthold, Neil Chilson, James C. Cooper, Daniel A. Crane, Marina Lao, Aaron L. Nielsen, Maureen K. Ohlhausen, Richard J. Pierce, Jr., James F. Rill, Ben Rossen, Berin Szóka, and Henry Su.
Read the Foreword and browse the Table of Contents here.
#3 FTC RULEMAKING VS. ENFORCEMENT: A COST/BENEFIT ANALYSIS14:30
The UMC’s general rule-making efforts entail certain risks, such as the risk of hindering pro-competitive business activities or specific rules that may for example affect exclusive contracts.
Jonathan BARNETT | Professor, University of Southern California (bio)
James RILL | Senior Counsel, Baker Botts, Washington D.C (bio)
Aaron NIELSON | Professor, Brigham Young University, Provo (bio)
Henry SU | Partner, Bradley Arant Boult Cummings, Washington D.C (bio)
Moderator: Lisa KIMMEL | Senior Counsel, Crowell & Moring, Washington D.C (bio)
#4 UMC RULEMAKING: WHAT BUSINESS IMPACT?16:30
The development of rules on unfair competition methods may lead to certain impacts on business, such as chilling effects or the creation of certain uncertainties. In addition, the UMC leads to industry-specific concerns about development, supply chains and innovation.
Neil CHILSON | Senior Research Fellow, Stand Together | Charles Koch Institute, Arlington (bio)
Berin SZOKA | President & Founder, TechFreedom, Washington D.C (bio)
Koren WONG-ERVIN | Partner, Axinn, Washington D.C. (bio)
Moderator: Krisztian KATONA | Vice President of Global Competition and Regulatory Policy, CCIA, Washington D.C (bio)
*to be confirmed
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Panel 1: Antitrust and Legislation
1. Benton Curtis, Julian L. André, Justin P. Murphy, Sarah E. Walters, Edward B. Diskant, Paul M. Thompson, Kenji M. Price, The US DoJ lists antitrust as a priority enforcement area and reveals plans to commit substantial resources to antitrust enforcement, 3 March 2022
2. Graham Hyman, Gregory E. Heltzer, The US DoJ antitrust Assistant Attorney General Jonathan Kanter signals a more aggressive stance in national antitrust enforcement, 24 January 2022
3. Luis Blanquez, Steven J. Cernak, The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies, 23 June 2021
4. Alden F. Abbott, Robin Adelstein, Megan Browdie, Michael A. Carrier, Peter C. Carstensen, Samuel Clark, Lisl J. Dunlop, Harry First, Albert A. Foer, Eleanor M. Fox, Jacqueline Grise, Ryan Kantor, Donald C. Klawiter, John Kwoka, James Langenfeld, Tad Lipsky, Alessandro Massolo, Howard Morse, Gabriella Muscolo, James Bo Pearl, Noah Pinegar, Chris Ring, Christopher Sagers, Richard S. Taffet, Willard K. Tom, Eliot Turner, Doug Tween, Tommaso Valletti, Michael L. Weiner, The new US antitrust administration, February 2021
Panel 2: Legislative Process: Role of Congress vs. Role of the FTC
1. Pierre Larouche, Legislation on digital platform giants: The future of competition law?, February 2022
2. James A. Fishkin, Michael Cowie, The US FTC and the DoJ announce a joint initiative to conduct a comprehensive analysis of their merger guidelines, 18 January 2022
Panel 3: FTC Rulemaking vs. Enforcement: A Cost/Benefit Analysis
1. Luis Blanquez, Steven J. Cernak, The US President Joe Biden issues an executive order on promoting competition in the American economy calling on the DoJ and FTC to enforce the antitrust laws vigorously, 9 July 2021
2. Steven A. Reed, Scott A. Stempel, Daniel S. Savrin, The US Supreme Court holds that the FTC lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b) (AMG Capital Management), 22 April 2021
Panel 4: UMC Rulemaking: What Business Impact?
1. Dirk Auer, Geoffrey Manne, The error costs of loyalty discounts, February 2022
2. Mark J. Gidley, George Paul, Rebecca H. Farrington, Douglas Jasinski, Anna Kertesz, Ashley Stoner, The US FTC votes 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation after signalling its intent to bring back an old practice of mandatory prior approval and notice provisions in consent orders earlier this year, 25 October 2021
3. Michael Gallagher, Kevin Adam, Ada Yue Wang, The US Congress introduces a package of bills seeking changes to antitrust and patent law in the pharmaceutical industry, 21 April 2021
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