Sections & Committees

Antitrust Law Section

A View from the Other Side:Perspectives from In-House Antitrust Counsel


Please join us for a panel discussion featuring three seasoned in-house antitrust attorneys with experience in the pharmaceutical, technology, and consumer products sectors. Our panel will tal about their path to becoming an in-house attorney, the antitrust issues that come up most often in their in-house practice, and the things they look for when working with outside counsel. The panel will be followed by a networking reception.


Tuesday, October 29th, 2019
6pm-8pm


Moderator: Fiona A. Schaeffer, Partner, Milbank


Speakers: David Ernst, Antitrust and Competition Law Counsel, 3M
                 David Park, Head Global Competition Counsel, Bloomberg
                 Desma Polydorou, Senior Corporate Counsel, Antitrust, Pfizer


KLDiscovery
600 Third Avenue,
4th Floor,
New York,
NY 10016


Hors d’oeuvres and refreshments will be served. This is a complimentary event.
Please RSVP by clicking here.


This program is co-sponsored by KLDiscovery and the New York Bar Foundation.

Please click here to view the full flyer


Litigation Financing in Antitrust:  Pragmatic and Ethical Considerations in an Emerging Market

 

Wednesday, November 6, 2019

6:00 p.m. – 7:15 p.m., Cocktail Reception to follow


Robins Kaplan LLP

399 Park Avenue, Suite 3600

New York, NY


Ethics CLE will be offered

Panelists:

Daniel L. Brockett, Partner, Quinn Emanuel Urquhart & Sullivan LLP

Daniel B. Goldman, Partner, Kramer Levin Naftalis & Frankel LLP

Anthony Sebok, Professor of Law, Benjamin N. Cardozo School of Law

John Lazar, Esq., Director, Burford Capital

 

Moderators:

William V. Reiss, Principal, Robins Kaplan LLP

Benjamin D. Steinberg, Associate, Robins Kaplan LLP


Register Here


Women in Antitrust: Career Perspectives in Cartel and Criminal Practice

 

Come join the one-hour panel discussion among female Antitrust Cartel and Criminal White-Collar practitioners to discuss their experiences as women leaders in the field, including (1) the role in implicit bias in their career experiences; and (2) diversity in white-collar and competition law practices.  

Thursday, November 14, 2019
6:00 p.m. – 8:00 p.m.

1345 6th Ave, New York, NY 10105

1.0   CLE Diversity, Inclusion and Elimination of Bias

 

Panelists:

Rebecca Meiklejohn, Trial Attorney, DOJ Antitrust Division 

Dina Hoffer, Counsel, Hughes Hubbard & Reed

Alicia Alvelo, Regulatory Counsel, Uber

 

Moderator: 
Grace Pyun, Attorney, Darcambal, Ousley & Cuyler Burk


Register Now 


THURSDAY, JANUARY 30: ANTITRUST SECTION ANNUAL MEETING PROGRAM

The NYSBA Annual Meeting will be held January 27 - 31, 2020


Antitrust Section Annual Meeting Program
Thursday, January 30, 2020
New York Hilton Midtown
1335 Avenue of the Americas, NYC


Details will be available closer to the program date. Please mark your calendar and plan to join us!

The Antitrust Law Section confers two service awards.  The William T. Lifland Service Award has been given since 1997 and was renamed in honor of its first recipient, William T. Lifland, in 2007.  The Distinguished Public Service Award was created in 2007.

William T. Lifland Service Award
The NYSBA Antitrust Law Section's William T. Lifland Award is made annually to a distinguished antitrust practitioner in recognition of his or her contributions and accomplishments in the field of antitrust and service to the Antitrust Section.  The Award is presented to the recipient by the Antitrust Section at its annual dinner.

Recipients
1997 – William T. Lifland
1998 – Irving Scher
1999 – Milton Handler
2000 – Eleanor M. Fox
2001 – Barry J. Brett
2003 – David Boies
2004 – Lloyd Constantine
2005 – Pamela Jones Harbour
2006 – Alan J. Weinschel
2007 – Martha E. Gifford
2008 – Barbara Anthony
2009 – Robert L. Hubbard
2010 – Steven M. Edwards
2011 – Ilene Knable Gotts
2012 – Stephen D. Houck
2013 – Molly S. Boast
2014 – Jay L. Himes
2015 – Bruce J. Prager
2016 – William H. Rooney 
2017 - Harry First
2018 - Professor Edward D. Cavanagh
2019 - Stacey A. Mahoney


Distinguished Public Service Award

The Public Service Award is made periodically and acknowledges those who have distinguished themselves not only as leading antitrust practitioners, but as individuals who have brought distinction to the antitrust bar as a whole by making significant leadership contributions to the public interest through their service to the bar and to society generally.  The Award is presented to the recipient by the Antitrust Section at its annual dinner.

Recipients
2007 – Ira M. Millstein
2008 – Joel Klein
2011 – Robert D. Joffe (posthumously)
2014 – Eleanor M. Fox
2017 - Hon. Paul A. Crotty

Recent Programs:


Mock Interview 1 Slider                                            Mock Interview 2 Slider                                                   Why Antitrust 1 Slider                                     AntitrustintheFinancialIndustry_Slider                Summer Mergers 1


September 12, 2019 - Summer Mergers Program featuring Senator Sherrod Brown -- The focus of this program was the role and scope of Antitrust merger review. The keynote speaker for this program was Senator Sherrod Brown, and the commentators were Paul T. Denis (Retired Partner, Dechert LLP) and James Levinsohn (Charles W. Goodyear Professor of Global Affairs and Director of the Yale Jackson Institute for Global Affairs).

August 8, 2019 - Teleconference on Merger Enforcement by State Attorneys General -- This webinar featured a panel of top antitrust enforcers from New York, California, and Virginia who shared their perspectives on the types of matters that invite states’ scrutiny, discussed the procedural and substantive differences in merger investigations by state attorneys general and investigations by the FTC and the DOJ, and provided highlights from recent enforcement actions.

June 26, 2019 - Diversity Committee Mock Interview event -- Program for law students, as well as junior attorneys, to assist in preparing for an interview in the antitrust field.  

June 17, 2019 -  “Why Antitrust?” Program for Summer Associates -- A diverse group of antitrust practitioners who graduated in the last ten years discussed what led them to antitrust law; provided details on the types of cases, transactions or other antitrust work they have handled; and offered insight into optimal positioning to capture a job in the field. 

    June 5, 2019 - Mergers Committee Program, “How to Conduct an Antitrust Overlap Analysis” -- This panel featured antitrust practitioners with extensive experience in merger matters across a wide array of industries. The panelists discussed best practices in conducting an overlap analysis and their tips and tricks to develop the most robust analysis in a short timeline.

    June 12, 2019 - Cartel and Criminal Practice Committee Program, “Antitrust in the Financial Industry: Navigating the Pitfalls.”  The program featured a panel discussion moderated by Antonia Sherman of Linklaters and panelists Jeffrey Martino (Chief of the Antitrust Division’s New York Field Office), Wendy Waszmer of Wilson Sonsini and Jordan Woods of Morgan Stanley.  The panel discussed a wide range of antitrust topics relative to the financial services industry, including antitrust scrutiny of syndications and current enforcement priorities of the Antitrust Division.

      June 10, 2019 - Antitrust Law Basics. A faculty of experienced antitrust law practitioners provided a broad overview of the current antitrust practice landscape, including its laws, procedures and players. Course materials presented during the event can be found at: http://www.nysba.org/AntitrustLaw2019ECM/.      

        April 17, 2019 - Spring Fling, Bookmarks (Rooftop Terrace) at the Library Hotel, 299 Madison Ave -- This event held at the Bookmarks Rooftop Lounge on a beautiful spring evening, provided an excellent opportunity for attorneys of all levels to network and celebrate the past year’s achievements.  The event was co-sponsored by the Antitrust Section and the Young Lawyers Section, and also kicked off the Antitrust Section’s Mentoring Program. The Spring Fling was very well attended by both experienced and junior attorneys, and several mentor-mentee pairs were able to meet and make great connections. 

        April 17, 2019 - Presentation to Antitrust Section Executive Committee by Dr. Emily Walden, of NERA, presented on vertical healthcare mergers. Topic discussed during the presentation included the economic theory of vertical mergers and its application to healthcare mergers, in particular the acquisition of physician practices by health systems, as well as the use of merger retrospectives in prospective healthcare merger analysis.

        April 10, 2019 - Views from the Trenches: Litigating Merger Cases, Jones Day, 250 Vesey Street -- A diverse panel of private practitioners and Government lawyers shared their lessons and observations from trials of some of the most significant merger cases. 

        March 13, 2019 - presentation to Antitrust Section Executive Committee by Dr. Eric A. Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago Law School and Of Counsel at MoloLamken LLP, presented his views on concentration in labor markets.  Employers frequently use no-poaching agreements and noncompete clauses in ways that, according to critics, may suppress the wages of workers in violation of the antitrust laws. These concerns have been reinforced by new research that shows that labor market concentration is widespread in the United States and that labor market concentration is highly correlated with wage suppression. In his presentation, Professor Eric Posner described and evaluated this research, and proposed reforms to antitrust law so that it can better tackle the problem of labor monopsony.

        February 27, 2019 - Antitrust "Plus" Factors program by the Coordinated Conduct Committee at Dechert LLP, 1095 Avenue of the Americas – A panel of antitrust practitioners discussed the genesis of antitrust “plus factors” as circumstantial evidence of an anticompetitive agreement, examples of common plus factors alleged by plaintiffs, recent cases analyzing plus factors, and a circuit split regarding the summary judgment standard. 

        February 20, 2019 - Becoming an Antitrust Attorney, Cardozo School of Law Moot Court Room – This panel and networking event was held for New York City-area law students.  A panel of practitioners from the government, plaintiff and defense bars shared their unique paths to becoming antitrust attorneys, discussed what the diverse practice area of antitrust law encompasses, and provided students with advice on what steps they can take to pursue a career in antitrust law.

        February 13, 2019 - presentation to Antitrust Section Executive Committee Almudena Arcelus, principal at Analysis Group, and Howard Ullman, Of Counsel at Orrick, presented on how the adoption of blockchain technology will impact various stakeholders, the potential risks and useful mitigation strategies relevant to antitrust considerations.

        January 17, 2019 - Antitrust Law Section’s Annual Meeting: Annual Review of Developments and Hot Topics, including: Merger Enforcement in the Trump Administration, Blunt Instrument or Surgical Blade: Is Section 2 of the Sherman Act the Right Tool to Address Financial Market Manipulation?, A Discussion with the Antitrust Division’s New Deputy AAG for Criminal Enforcement, Don’t Be Afraid of the DARC (the Donnelly Act Revision Committee, that is)

        December 19, 2018 - presentation to Antitrust Section Executive Committee by, Bob Hubbard, Jay Himes, and Joshua Lipton gave a presentation on the pending Supreme Court case Apple, Inc. v. Pepper

        December 4, 2018 - Joint Program with the IP Section, “Antitrust Implications of Settlements in Trademark Disputes” 

        November 14, 2018 - presentation to Antitrust Section Executive Committee by Dr. Graeme Hunter, Managing Director at NERA Economic Consulting, presented on “Anticompetitive Bundling Compared to the Legal Standards.”

        November 1, 2018 - Mergers Committee Program, “What M&A Lawyers Want Antitrust Lawyers to Know” 

        October 29 - 31, 2018 “Trial Practice/Expert Witness Training Program” 

        October 19, 2018 Mergers Committee Program, “Merger Control in Brazil” 

        October 17, 2018 presentation to Antitrust Section Executive Committee by Donnelly Act Review Committee: Reports from Section Committees (Cartel and Criminal Practice, Class Action, Coordinated Conduct, Unilateral Conduct, and Mergers) and group discussion of findings and next steps.

        September 20, 2018 presentation to Antitrust Section Executive Committee by Scott Hemphill, Professor of Law at NYU Law School, gave a presentation on his forthcoming article “The Strategies of Anticompetitive Common Ownership.” 

        September 14, 2018 William Howard Taft Lecture "After Amex: Multi-Sided Markets, Anticompetitive Effects, and the Rule of Reason."  Lecture delivered by renowned antitrust law and economics Professors Herbert Hovenkamp and Dennis Carlton on the paradigm-shifting opinion in Ohio v. American Express.

        September 12, 2018 Cartel and Criminal Practice Committee sponsored a program, "Your Corporate Client Received a Grand Jury Subpoena: What Should You Do Next?", with speakers Peter Chavkin, Partner, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; and Elizabeth Prewitt, Partner, Hughes Hubbard & Reed, LLP.  Moderator Steven Tugander, U.S. DOJ, Antitrust Division.

        July 11, 2018, Summer Mergers Program: “Hot Topics in High-Tech Markets”, The program was moderated by Ilene Gotts (Wachtell, Lipton, Rosen & Katz), and the panelists were: Aaron Hoag (Networks and Technology Enforcement Section, DOJ Antitrust); William H. Efron (Director, Northeast Region, Federal Trade Commission (“FTC”)); Professor Daniel Sokol (University of Florida School of Law).

        June 20, 2018 “Why Antitrust?” Panel  

        June 26, 2018 Mergers Committee sponsored a program that focused on high-tech mergers and included discussions on the role of innovation, serial acquisitions, privacy as a competition issue, and data aggregation. Moderator was Illene Knable Gotts, Partner, Wachtell, Lipton, Rosen & Katz.  Speakers Aaron Hoag, Section Chief, Networks and Technology Enforcement Section, Antitrust Division, DOJ; and William H. Efron, Director, Northeast Region, FTC.

        June 14, 2018 Cartel and Criminal Practice Committee sponsored a panel entitled “No Poach Agreements: What the future Holds.” The panelist were Susannah P. Torpey, Partner, Winston & Strawn; Scott Martin, Partner, Hausfeld and Doha Mekki, Counsel to the AAG, US DOJ, Antitrust Division. The panel was moderated by Seth Farber, Partner, Winston & Strawn. 

        May 30, 2018  Class Issues in Multi-Sided Markets with Dr. Michael I. Cragg, The Brattle Group, Principal and Chairman of The Brattle Group, discussing the complexities of class certification when issues regarding platform economics and two-sided markets are presented. 

        April 26, 2018 Mergers Committee Presents: Hard Topics in Antitrust Risk Allocation

        March 12, 2018  Mergers Committee and KLDiscovery Present: The Meaning of HSR Clearance 

        December 7, 2017 Annual Antitrust Symposium:  Multi-Sided Markets: Smoke & Mirrors or Dynamic Competition?

        September 12, 2017 Cartel Damages Claims: Economic Approaches to Estimating Overcharges, with James Reitzes, principal and chair of The Brattle Group’s competition group, discussing various methods of estimating overcharges arising from alleged collusion and identify pitfalls in methodology and execution 

        June 22, 2017 #Antitrust: Social Media Insights for Class Action Litigation, with Mark Pelofsky and Brenda Arnott-Wesson, of Voluble Insights for Litigation, and Prof. Kerin E. Coughlin of NYC College of Technology, discussing the various ways social media analysis can be used in antitrust class actions, and how attorneys can use it most efficiently and effectively.

        June 20, 2017 first annual Diversity Fellowship Alumni Lunch 

        April 27, 2017  Class Action Committee Meeting on Recent Developments in Class Action Litigation, focusing on the class action reform bill winding its way through Congress. 

        March 2, 2017 presentation to Antitrust Section Mergers Committee by Janet Hui, JunHe, LLP and Zhao (George) Wang, JunHe, LLP discussing the Key Challenges Faced by Multinational Companies in China - An Antitrust Perspective.
        Fundamentals and Latest Developments of China Merger Control Filing by Janet Hui |  Overview of Anti Monopoly Issues in Company Business by George Wang

        December 9, 2016 Annual Antitrust Symposium: REIMAGINING STAPLES/OFFICE DEPOT ACROSS BORDERS IN 2020: THIRD TIME’S THE CHARM?  
        View the recorded program here: http://cle.nysba.org/AM/CustomSource/OnlineCLE/index.cfm?ID=ANTIFA16 
        Program Flyer

        December 1, 2016 presentation to Antitrust Section Mergers Committee by Franco Castelli, Wachtell, Lipton, Rosen and Katz, and Cathleen Peterson, Kroll Ontrack discussing the Nuts and Bolts of Second Request Compliance

        October 19, 2016 presentation to Antitrust Section Executive Committee by David Kully of Holland & Knight, Elai Katz of Cahill Gordon, and Jennifer Selendy of Quinn Emmanuel will discuss the Second Circuit’s decision in U.S. v. American Express.

        June 15, 2016 presentations to Antitrust Section Executive Committee by Dan O'Brien, (now former) Senior Economic Advisor at the Federal Trade Commission: Cross Ownership by Institutional Investors; and David Meyer of Morrison & Forester LLP: Overlapping Minority Ownership Positions, A Legal Perspective

        May 18, 2016 presentation to Antitrust Section Executive Committee by Hillary Greene, Visiting Scholar at Harvard Law School and Professor at University of Connecticut School of Law: Muzzling Antitrust: Information Products, Innovation, and Free Speech

        February 18, 2016 presentation to Antitrust Section Executive Committee by Vincius Marques de Carvalho, President, CADE (Brazil's competition authority): Snapshots of Competition Enforcement from Brazil

        December 16, 2015 presentation to Antitrust Section Executive Committee by Jose Azar, Charles River Associates: Anti-Competitive Effects of Common Ownership

        September 16, 2015 presentation to the Antitrust Section Executive Committee by FTC Northeast Region Director William H. EfronFTC v. Cardinal Health, Inc. (S.D.N.Y. Apr. 24, 2015),complaint and order discussed in FTC Northeast Region Director William H. Efron's Sept. 16, 2015 presentation to the Antitrust Section Executive Committee 

        November 18, 2015 presentation to the Antitrust Section Executive Committee by NY Attorney General Antitrust Bureau Chief Eric Stock: People of the State of NY v. Actavis ("Namenda") (2d Cir. May 28, 2015) 

        July 8, 2015 Summer Merger Program http://www.lawyerissue.com/u-s-agencies-take-a-tough-approach-to-merger-remedies/   

        September 18, 2014 Class Action Committee CLE program Deciphering the FTAIA: Recent Developments in the Application of U.S. Antitrust Laws to Foreign Trade

        June 5, 2014 panel discussion: Perspectives on Global Cartel Enforcement

        May 20, 2014 Vertical Restraints Committee meeting

        April 23, 2014 presentation by Kevin Caves, PhD (Economists Incorporated): Competition and Monopsony in Labor Markets Powerpoint slide presentation

          April 1, 2014 Antitrust Law Section's Lunch with Antitrust Regulators  Video of Panel Discussion

          March 6, 2014 Vertical Restraints Committee program"Feeling Blue: Antitrust Challenges to Health Insurers in the Post-Affordable Care Act World": St. Alphonsus v. St. Luke's Idaho Decision

          January 30, 2014 Antitrust Law Section's Annual Meeting:

          Antitrust Law Section's November 14, 2013 program "Antitrust Basics: An introduction for New Attorneys":  Basics of Antitrust - November 14, 2013 course materials  

           

          Antitrust Law Symposium

          The Antitrust Law Section Symposium is the published transcript of the Antitrust Law Section’s symposium held at NYSBA's Annual Meeting in January. Edited by Robert L. Hubbard and Arlene Leventhal at the New York Attorney General's office, the Symposium includes panel discussions and an annual review of antitrust developments. The Antitrust Law Section Symposium is published once per year and distributed to Section Members free of charge.

          The Antitrust Law Section Symposium is published as a benefit for members of the Antitrust Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.

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