Hall of Fame-inism honorees have Continued The Spring Meeting attracts practitioners and enforcers with a wide range of views on antitrust enforcement priorities. The ABA, of course, has a reputation as an independent, highly professional, and heterogenous group. Cernak moderated a panel of the Federal Trade Commission Bureau Directors. The Antitrust Law Section is the key to. Information Sharing in Cartel Investigations, ABA Antitrust Section Webinar (September 13, 2017), Speaker, Developments in Victim Recovery Litigation, NYSBA International Section, Paris, France (October 20, 2016), Speaker, Exploring Antitrust Law: Perspectives from US and International Practitioners, ABA Antitrust Section Panel, New York, New York (October 18, 2016), Panelist, International Developments in Antitrust Litigation, MLEX Competition Litigation Conference, London, England (September 28, 2016), Faculty, International Cartel Workshop, IBA/ABA Antitrust Section Conference, Tokyo, Japan (February 3 5, 2016), Speaker, Financial Benchmarks, Competition and Antitrust Injury: Untying the Knot, NYSBA Antitrust Section Conference, New York, New York (January 28, 2016), Moderator, Cartel Facilitators: When Vertical Conduct Crosses Over to Horizontal Liability, ABA Webinar (November 30, 2015), Moderator, The Antitrust and Anti-Corruption Connection: Bid Rigging in Procurement, TASA: TRACE Anti-Bribery Specialist Accreditation Webinar (October 14, 2015), Moderator, Global to Local and Back Again: Perspectives and Practices from the Front Lines of Compliance in Emerging Markets, ABA Antitrust Section Webinar, (June 30, 2015), Panelist, Next Generation Cartels: New Tools for Enforcers Toolkits?, ABA Antitrust Section Spring Meeting, Washington, D.C. (April 15, 2015), Co-author, New DOJ Guidance Increases Benefits for Robust Antitrust Compliance Programs What Companies Need to Know,, Co-author, US DOJ Weighs Reform Options for Antitrust Leniency Law Set to Expire,, Co-author, To Hire or Not to Hire: US Cartel Enforcement Targeting Employment Practice,, Co-author, Updated DOJ Leniency Program FAQs: Implications for Immunity Protections,, Co-author, Antitrust Compliance 2.0: The Use of Structural Analysis and Empirical Screens to Detect Collusion and Corruption in Bidding Procurement Processes,, Co-author, Indirect Information Exchanges to Hub-and-Spoke Cartels: Enforcement and Litigation Trends in the United States and Europe,. Ten Alston & Bird Antitrust Team attorneys, including six partners, have been appointed to leadership posts in the largest and most prominent antitrust bar organization, the American Bar Association Section of Antitrust Law. In 2011, he was named to the inaugural Fastcase 50, honoring the laws smartest, most courageous innovators, techies, visionaries and leaders. Earlier in his career, he was editor-in-chief of several legal publications, including The National Law Journal, and editorial director of ALMs Litigation Services Division. Antitrust Enforcement of Other Employer Agreements. Jonathan Gleklen wanted to do something a little different during his year as chair of the ABA Antitrust Law Section. Ms. Prewitts experience includes representing a: * Matter handled prior to joining Latham & Watkins. 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. . Gleklen explains that traditional antitrust casebooks cost as much as $300, which likely discourages some law students from exploring this area of the law. There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. American Bar Association, Antitrust Law Section, Law360's Pro Say - News & Analysis on Law and the Legal Industry. to member and customer service. Our Curious Amalgam on Apple Podcasts Arguably, the reason why the Klobuchar-Grassley bill can so seamlessly exclude or redraw such a central element of antitrust law as competitive harm is because it deliberately chooses to ignore another, preceding one. Draft Joint Vertical Merger Guidelines: Whats in, whats out and do we need them anyway? ABA Groups; Health Law Section; Health Law Section News; June; June 30, 2023 Washington Roundup. With special guests: Natalie Harsdorf-Borsch, Acting Director, Austrian Federal Competition Authority, Dr. Laura Melusine Baudenbacher, President, Swiss Competition Commission, and arnas Keserauskas, Chairman, Lithuanian Competition Council (2011-2023) Related Links: Austrian Federal Competition Authority (Bundeswettbewerbsbehrde) Swiss Competition Commission Competition Council of the Republic of Lithuania (Konkurencijos taryba) Hosted by: Alicia Downey, Downey Law LLC,Anora Wang, Arnold & Porter Kaye Scholer LLP, Sergei Zaslavsky, O'Melveny & Myers LLP, and Jeny Maier, Axinn, Veltrop & Harkrider LLP. She is quoted and cited in Senator Amy Klobuchars recent book, Antitrust. Broadly speaking, the sections criticisms fall into two interrelated categories. 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. 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. This also means disclaiming generalized prohibitions of discrimination and of unfairness and replacing blanket prohibitions (such as the one for self-preferencing) with measured case-by-case analysis. Ten Alston & Bird Antitrust Team attorneys, including six partners, have been appointed to leadership posts in the largest and most prominent antitrust bar organization, the American Bar Association Section of Antitrust Law. Symposium Honoring the Honorable Joshua Wright, Symposium on the Apple E-Books Antitrust Case: Implications for Antitrust and for the Economy, The ABAs Antitrust Law Section Sounds the Alarm on Klobuchar-Grassley. (Dec. 30, 2019) Hosted by: Sergei Zaslavsky, O'Melveny & Myersand Melissa Maxman, Cohen & Gresser. In the past, the section's task forces typically studied current issues . He says that like many in the antitrust community, he recognized a pretty sharp diversity problem and agreed with Gleklen that they could help correct it by giving more law students access to the classroom. Proving Antitrust Damages: Legal and Economic Issues (William H. Page, ed., ABA Antitrust Section 1996) Representative Law Reviews / Journals / Chapters. 2012). He currently is the Vice Chair of the Antitrust Section of the American Bar Association and will take over as Chair in 2024. Antitrust Law Section - American Bar Association Authors: Steve Cernak, Dylan Carson, Kristen Harris Back in person again, the 71st edition of the American Bar Association Antitrust Law Section's annual Spring Meeting did not disappoint and Bona Law was there for the formal and informal conversations that will help shape antitrust enforcement in the U.S. and abroad. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Receive a weekly digest of all new content. May 10, 2023 Informa Connect Antitrust West Coast Conference. In a billion-dollar antitrust conspiracy matter, coordinated the defense of multiple agency investigations and hundreds of lawsuits to settle allegations for a fraction of the original claim. 14. Antitrust | Model Jury Instructions - United States Court of As such, they inject variability and indeterminacy into how the legislation would be administered. Legaltech Week. Filed hundreds of Hart-Scott-Rodino premerger notifications, negotiated and responded to numerous Second-Requests, and managed US-based and multinational merger reviews. As the ABA Antitrust Law Section observes: The Section has long supported the evolution of antitrust law to keep pace with evolving circumstances, economic theory, and empirical evidence. She was the lead prosecutor for the DOJs criminal antitrust cartel investigations into rigging of Libor and Forex rates and managed those investigations alongside parallel investigations by domestic and foreign competition and fraud enforcers and regulators. Our takeaway of their message is that they have no plans to slow down the aggressive antitrust and consumer protection enforcement, despite some court losses and other resistance. Bruce spoke on the panel, "Self-Preferencing: Good, Bad, and In-Between.". Expect continued aggressive enforcement out of this FTC, with a focus on revitalizing vertical merger enforcement, the Commissions Section 5 authority, and Robinson-Patman Act enforcement. Thanks and please keep up with the good work. Federal Judges, ABA Antitrust Section, American Antitrust Institute, Aspen Institute, Association of American Law Schools, Association of General Counsel, Boston University, British Institute of International and Comparative Law, Concurrences, Conference Board, Corporate Executive Board, Duke University, 8 For instance, in order either to establish liability or to mount a successful defense to an alleged violation, the bill relies heavily on inherently amorphous terms such as fairness, preferencing, and materiality, or the intrinsic value of a product. Similarly, self-preferencing conduct on a platform can be welfare-enhancing, while forced interoperabilitywhich is also contemplated by AICOAcan increase prices for consumers and dampen incentives to innovate. Supreme Court wraps up term with momentous ruling 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. Section One of the Sherman Act. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Remarks for the ABA Antitrust Law Section's 2021 Fall Forum * The views expressed in these remarks are my own and do not necessarily reflect the views of the Federal Trade Commission or any other Commissioner. The appointments recognize lawyers across Alston & Birds offices in Atlanta, San Francisco, and Washington, D.C. Thats what makes the open letter to Congress published late last month by the usually staid American Bar Associations (ABA) Antitrust Law Section so eye-opening. AAI Adds New Expertise to Advisory Board - Home - American Antitrust 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. 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). ABA Antitrust Law Section's Global Tech-Enforcement Tracker. 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. Alston & Bird Earns 13 Leadership Appointments to ABA Antitrust Law Section An interesting vibe we picked up from panels on the Biden Administration as well as hallway conversations is the newer ideological splits. She was GE's first pro bono leader for the D.C. region and served on GE's Corporate Pro Bono Committee and GE's Legal Diversity and . Finally, the bills choice of language and recent amendments to its terminology seem to confirm the dynamic discussed in the previous section. I hope this podcast sticks around! Multi-District Litigation (MDL): Complex Antitrust Class Action Defense, Actual Potential Competition: FTC V. Meta/Within Court Validates Odd Sounding Theory, Antitrust Agency Publishes New HSR Notification Thresholds and Filing Fees For 2023, FTC Section 5 Statement: Less Guidance Than Meets the Eye, Three Strikes But Not Out: Antitrust Enforcers Swing and Miss in Recent Merger Challenges. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. AMERICAN BAR ASSOCIATION SECTION OF ANTITRUST LAW: COUNCIL - JSTOR Home Unilateral Conduct Committee 14 Interstate Commerce Generally. 185). 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. ABA Groups; Health Law Section; Publications & Archive; ABA Health eSource; Health eSource - June 2023; June 26, 2023 Non-Compete Clauses in Healthcare Employee Contracts A Changing Legal Landscape and Potential Antitrust Implications . 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. She currently serves on the ABA Antitrust Section's International Cartel Task Force and is a frequent speaker at antitrust law conferences on international, transactional and compliance-related topics. At AAI, Dr. Moss has prioritized and integrated diversity and inclusion into AAIs programs, staff, and governance since she assumed the leadership of the organization in 2015. Join Us July 18 For The Inaugural LegalTech Boston Panel Discussion with Three GCs, An Interview with Casetext CEO Jake Heller on His Company's Acquisition By Thomson Reuters, As Thomson Reuters Explains Its Acquisition of Casetext, Some Investors Seem Uncertain. Heard at the 2023 Spring Meeting: Part 2 - Need-to-Know News, Insights May 15, 2023. Alston & Bird Earns 12 Leadership Appointments to ABA Antitrust Section May 25, 2023. International Arbitration Day 2023. Access to the collection on vLex is available for both ABA members and non-members, with special pricing agreements in place for members. Expert Witness Services for the Media and Entertainment Industries, Twombly and Motion to Dismiss Antitrust Cases, American Bar Association Antitrust Law Sections annual Spring Meeting. 80, 80.0180.03 (Monopolization); ch. So will the ideas and actions of the Biden Administration, and their supporters, survive? Are Chatbots Protected? 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.. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. 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. To feature your product inHow It Works,contact us here. . From 1989 to 1994, she consulted in private practice in the areas of regulation and antitrust. Coordinated antitrust advice for multiple CEOs on antitrust/labor interface during labor negotiations. For more information, see our Privacy Statement. Kevin F. OMalley, et al., 3A Federal Jury Practice and Instructions, ch. 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. May 26, 2023. 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. Jonathan M. Jacobson Biography - Department of Justice PDF FTC 2021 Fall Forum Wilson Final The Neo Brandeisian Revolution Recent Developments in Antitrust Jurisprudence - The Unilever Case. Protecting consumers. 15, 2023), . His book Antitrust in Distribution and Franchising is updated annually and published in the LexisNexis Antitrust Law & Strategy Series. American Bar Association (ABA) - Section of Antitrust Law (hosts annual spring meeting in DC) District of Columbia Bar - Antitrust and Consumer Law Section; Virginia State Bar - Antitrust, Franchise &Trade; International Bar Association - Antitrust Committee; Insurance Coverage for Antitrust: Turkeys Are Not Chickens PDF 2023 ABA Antitrust Section Annual Conference Report - BakerHostetler Regardless of background or political affiliation, the Antitrust Section welcomes members, leaders, and future leaders of our . Steve Cernak is a respected leader in the international antitrust and competition law community. She serves on the Advisory Board of ABA Antitrust Sections Women.Connected Committee and as liaison to the Antitrust Sections leadership Council. Namely, the bill omits market power as a requirement for a finding of infringement or for the legislations equally crucial designation as a covered platform. It instead prescribes size metricsnumber of users, market capitalizationto define which platforms are subject to intervention. Several appointments are new for the Sections 2018-19 term that began earlier this month, while others are continuations of previous appointments. We're here to help. Promoting competition that protects consumers, businesses, and society is more important than ever. {{currentYear}} American Bar Association, all rights reserved. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The American Bar Association's Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29-31, 2023. . She is editor of Network Access, Regulation and Antitrust, and has contributed chapters to The Structure of American Industry, and the GCR Merger Remedies Guide. 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. Promoting competition. For example, how would concerns about safety and security be weighed against prohibitions on self-preferencing or requirements for interoperability? United States Proposed Jury Instructions - Department of Justice Chairman Halverson introduced Harry H. Voigt, who has been ap- June 5, 2023. International Forum on EU Competition Law. He called Sprigman, a professor and co-director of the Engelberg Center on Innovation Law & Policy at New York University School of Law, to talk more about the process. 81, 81.0181.04 (Patent Based Antitrust Claims). 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. Metadata constructed with expert insight from the ABA Antitrust Law Section will enhance text discoverability and research results, vLex says. Antitrust Law Casebook. Through our research, education, and advocacy programs, AAI has been active in focusing public and private competition enforcement priorities and shaping progressive competition policy. Can Bundled Discounts Be Illegal If Offered by a Firm Without Market Power? In addition to countless articles and blogs, his textbook, Antitrust Simulations, published by West Academic, is now in its second edition. The hosts are funny. Im not sure if youre aware, but your pencil comes through very clearly and annoyingly as your guest is speaking. Antitrust Complaints About Giant Companies Are Not New, 7thCircuit Hospital Ruling Provides Exclusive-Dealing Lessons, How New Pricing Technology Raises New Antitrust Issues, How Eisai V. Sanofi Will Affect Loyalty Discount Cases, Debating Old and New Trends In Auto Distribution, 3 Antitrust Precedents Ripe For Overturning, Not All Antitrust Auto Parts Cases Are Auto Parts Cases, District Courts Grapple With High Courts Actavis Ruling, Auto Parts Investigations: Lessons From The First 2 Years, FTC Shakeup Means No New Initiatives Soon, Clarification From High Court On State Action Exemption, Overview Of Oral Argument In FTC V. Phoebe Putney, The Auto Parts Investigations: Lessons From The 1st Year, Antitrust in Distribution and Franchising, "Revisiting 'The Limits of Antitrust'" (panelist), Federal Trade Commission Hearings on Competition and Consumer Protection in the 21st Century. Margaret Stafford - Meetings Director Antitrust Law Section - American The Implications of Axon Enterprise, Inc. v. FTC, On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may commence immediate collateral challenges in federal court. 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. After leaving GM, Steve spent seven years at Schiff Hardins Ann Arbor office, serving clients both inside and outside the automotive community.