Antitrust Law Section

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    Join a Committee today! Antitrust Section Committee involvement allows antitrust lawyers to network, to research issues and to influence the law — all great ways to achieve professional growth.
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    Annual Meeting 2017
  • Upcoming Events
    • Women's Panel and Networking Event - January 25, 2017

      ANTITRUST SECTION ANNUAL WOMEN'S PANEL AND NETWORKING EVENT

      Wednesday, January 25, 2017
      6:00 - 8:00 pm
      Davis Polk & Wardwell LLP, 8th Floor
      450 Lexington Avenue
      New York, NY 10017

      Panelists:
      Patricia A. Brink, Director of Civil Enforcement, Antitrust Division, U.S. Department of Justice
      Rita M. Glavin, Seward & Kissell LLP, Former Acting AAG, Criminal Division, U.S. Department of Justice
      Hon. Shira A. Scheindlin (U.S.D.J. Ret.), Member, JAMS panel, New York; Of Counsel Stroock & Stroock & Lavan LLP

      Program Chairs:
      MARY K. MARKS, Davis Polk & Wardell LLP
      HOLLIS SALZMAN, Robins Kaplan LLP

      View Flyer

      Kindly RSVP to Eileen Nolan at eileen.nolan@davispolk.com by Friday, January 20.

      For more information about the Antitrust Section, or to join the section, please contact Tiffany Bardwell at tbardwell@nysba.org.



    • Antitrust Law Section Annual Meeting - January 26, 2017

      Register Here or Download The Registration Form Here.

      Cocktail Reception for Antitrust Associates and Young Lawyers
      5:00-6:00 p.m. 
      Sutton Center2nd Floor

      SECTION COCKTAIL RECEPTION | 6:00-7:00 p.m. | Dinner 7:00-9:00 p.m.
      The University Club, 1 West 54th Street, New York City

      SECTION CHAIR
      Lisl J. Dunlop
      Manatt, Phelps & Phillips LLP
      New York City

      PROGRAM CHAIR
      Michael L. Weiner

      Dechert LLP
      New York City

      8:30– 8:45 a.m.
      Introduction and Welcome
      Lisl J. Dunlop
      , Manatt, Phelps & Phillips LLP, New York City
      Michael L. Weiner, Dechert LLP, New York City

      8:45– 9:45 a.m.
      Judicial Perspectives on Antitrust Trials (1.0 credit in Areas of Professional Practice)
      SDNY judges who had active antitrust practices before taking the bench and who have presided over antitrust trials, comment on changes in antitrust law and how antitrust cases are tried. 

      Moderators:
      Professor Edward D. Cavanagh, St. John's University School of Law, Jamaica, NY
      Stephen D. Houck, Menaker & Herrmann LLP, New York City

      Panelists:
      Honorable P. Kevin Castel, United States District Judge, Southern District of New York
      Honorable Paul A. Crotty, United States District Judge, Southern District of New York
      Honorable Colleen McMahon, United States District Judge, Southern District of New York

      9:45– 11:00 a.m.
      Antitrust Developments in 2016:  The Year in Review (1.5 credit in Areas of Professional Practice)
      A review of hot topics and current events in antitrust.

      Moderator:        
      Elai Katz, Cahill Gordon & Reindel LLP, New York City

      Panelists:           
      William H. Efron, Director, Northeast Region, Federal Trade Commission, New York City
      Elinor R. Hoffmann, Deputy Chief, Antitrust Bureau, Office of the Attorney General, New York City
      Bryan Keating, Executive Vice President, Compass Lexecon, Washington, D.C.

      11:00– 11:15 a.m.          
      Refreshment Break

      11:15 a.m.– 12:15 p.m.
      Ethical Issues on a Global Scale 
      (1.0 credit in Ethics)
      Cross-border antitrust matters – including investigations, litigation, and mergers – can raise ethics issues, including availability of privilege, representation of corporate and individual clients, and contact with represented parties.  The panel will discuss some of the key areas in which ethics issues arise, and provide tips for responding effectively. 

      Moderator:        
      David K. Park, Bloomberg L.P., New York City

      Panelists:
      Marc Brotman, Pfizer Inc., New York City
      Professor Stephen Gillers, NYU School of Law, New York City           
      M. Elaine Johnston, Allen & Overy LLP, New York City
      Wendy Huang Waszmer, King & Spalding, New York City and Washington, D.C.

      12:15 – 12:20 p.m.         
      Section Business Meeting, Election of Officers and Members of the Executive Committee 

      12:20 – 1:30 p.m.           
      Lunch on Your Own

      1:30 – 2:45 p.m.
      Has Antitrust Failed? (1.5 credit in Areas of Professional Practice)
      Has antitrust allowed too much concentration?  The five largest banks account for 45% of banking assets, up from 25% in 2000.  The top 100 companies in the U.S. accounted for 46% of GDP in 2013, up from 33% in 1994.  In 1990, the top three Detroit carmakers had a market cap of $36 billion and 1.2 million employees; today, the top three Silicon Valley firms have a market cap greater than $1 trillion, and only 137,000 employees. Are we already too concentrated?  Have the global high-tech, big data companies like Google, Apple, and Facebook already seized control of big data? What will be the impact of our new consolidation? Will consolidation have negative implications for innovation, consumer choice and other competitive effects that are not easily measured?   

      Moderator:        
      Ethan Litwin, Dechert LLP, New York City

      Panelists:
      Alec J. Burnside, Cadwalader, Wickersham & Taft LLP, Brussels, Belgium
      Jason Furman, Chairman, U.S. Council of Economic Advisors          
      Professor Maurice Stucke, University of Tennessee College of Law, Knoxville
      Professor Timothy Wu, Columbia University Law School, New York City

      2:45– 4:00 p.m.
      EU/US Antitrust Enforcement Gap? (1.5 credit in Areas of Professional Practice)
      Is there a growing gap in enforcement between the US and the EU?  A panel discussion about merger control, conduct issues, cartels, and State Aid tax rulings on both sides of the Atlantic.  The panel will discuss topical issues such as whether dominant US companies can get a “fair shake” before the European Commission, and how the “gap” may change under the new administration. 

      Moderators:       
      Rachel Brandenburger, Senior Advisor & Foreign Legal Consultant (admitted in England & Wales) to Hogan Lovells US LLP, New York City
      Jessica K. Delbaum, Shearman & Sterling LLP, New York City

      Panelists:           
      Patricia Brink, Director of Civil Enforcement, Antitrust Division, U.S. Department of Justice, Washington, D.C.
      David Emanuelson, Senior Corporate Counsel, Antitrust, Novartis, New York City
      Henri Piffaut, Head of Unit for Merger Control (on leave) at DG Competition of the European Commission; visiting fellow, Harvard University, Cambridge MA
      Ingrid Vandenborre, Partner, Skadden, Arps, Slate, Meagher & Flom, LLP, Brussels, Belgium

      4:00– 5:15 p.m.         
      Topics in Cartels and Criminal Enforcement (1.5 credit in Areas of Professional Practice)
      A look at corporate and individual antitrust sentencing trends a dozen years after the US Supreme Court held the US Sentencing Guidelines to be advisory.  Among the topics discussed will be how compliance programs, probation/monitors, and inability to pay have affected sentencing decisions.  

      Moderator:        
      Steven Tugander, Antitrust Division, U.S. Department of Justice, New York City

      Panelists:
      Seth C. Farber, Winston & Strawn LLP, New York City
      Rita Glavin, Seward & Kissel, LLP, New York City           
      Honorable Shira Scheindlin, Stroock & Strook & Lavan, New York City
      DAAG Brent Snyder, Antitrust Division, U.S. Department of Justice, Washington, D.C.

      5:15– 6:00 p.m. 
      Cocktail Reception for Antitrust Associates and Young Lawyers | Sutton Center, 2nd Floor

      6:00 p.m.                      
      Section Cocktail Reception with dinner following at 7:00 at The University Club
                  
      Antitrust Law Section William T. Lifland Service Award will be given to Professor Harry First, 
      NYU University School of Law

      Antitrust Law Section Distinguished Public Service Award will be given to Honorable Paul A. Crotty
      , United States District Judge

      Dinner Speaker: Mark Whitacre - Mr. Whitacre was the ADM executive responsible for blowing the whistle on the lysine price-fixing cartel in the early 1990s, wearing a wire for the FBI for several years. 

       

      The Antitrust Law Section Gratefully Acknowledges Our Dinner Sponsors

      Platinum Sponsors
      Analysis Group | Compass Lexecon | NERA Economic Consulting 

      Gold Sponsors
      Charles River Associates | Garden City Group, LLC    

      Silver Sponsors
      AB Data | Bates White | Berkeley Research Group, LLC 
      The Brattle Group | Complete Discovery Source, Inc. | Cornerstone Research  
      Monument Economics Group LLC | Rust Consulting and Kinsella Media  
      US Legal | Wells Fargo Securities, LLC

           

      IMPORTANT INFORMATION
      Under New York’s MCLE rule, this program has been approved for a total of 8.0 credit hours (7.0 Areas of Professional Practice and 1.0 in Ethics). This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program. 

      Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 13th, 2017. For more details, please contact Lori Nicoll in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or lnicoll@nysba.org.

      Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Lori Nicoll at 518-487-5563.

      For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. Room rates are $260.00 per night plus taxes for single and double occupancy.  Reservations must be made by Wednesday, January 4, 2017. You also can reserve your overnight room on the web at www.nysba.org/am17accomm

      For questions about this specific program, please contact Lori Nicoll at 518-487-5563. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.

       

    • Antitrust Law Section Offsite Dinner - January 26, 2017

      Section Cocktail Reception at 6:00 p.m. with Dinner Following at 7:00 p.m.
      The University Club
      1 West 54th Street

      To purchase a table at the dinner download NYSBA member dinner table reservation form.

      To purchase a non-NYSBA member dinner table reservation form.


    • Cocktail Reception for Antitrust Associates and Young Lawyers – January 26, 2017

      FIFTH ANNUAL HAPPY HOUR FOR ANTITRUST ASSOCIATES AND YOUNG LAWYERS

      Thursday, January 26, 2017 | 5:00 P.M. - 6:00 P.M. 
      Hilton New York, Sutton Center, 2nd Floor | 1335 Avenue of the Americas, New York, NY 10019
      Happy hour is complimentary; please RSVP to Shoshana Speiser, sspeiser@manatt.com. We hope to see you there!

      Honorary Guests 
      William H. Efron, Director, Northeast Region, Federal Trade Commission

      Eric J. Stock, Partner, Gibson, Dunn & Crutcher LLP

      Happy Hour Host Committee:

      Co-Chair - Shoshana Speiser                              Aleksandr Livshits                                                                 
      Manatt, Phelps, & Phillips                                  Fried Frank Harris Shriver & Jacobson

      Daniel Weick                                                      Co-Chair - Erica Weisgerber 
      Wilson Sonsini Goodrich & Rosati                     Debevoise & Plimpton                     

      Margaret Rogers                                               Michelle Zolnoski
      Kaye Scholer                                                      Robins Kaplan

      James Goldfeier                                                Yuni Sobel
      Axinn, Veltrop & Harkrider                                Wachtell, Lipton, Rosen & Katz 

      View the flyer!

    • Free Recorded Program: Annual Antitrust Symposium


      ANNUAL ANTITRUST SYMPOSIUM: REIMAGINING STAPLES/OFFICE DEPOT ACROSS BORDERS IN 2020: THIRD TIME’S THE CHARM?

      Free archive webcast | Recorded December 9, 2016

      Moderator  
      William H. Rooney, Partner, Willkie Farr & Gallagher LLP

      Counsel:
      Cani Fernandez, Partner and Director of the Competition and EU Law Practice at Cuatrecasas, Gonçalves Pereira 
      Clifford H. Aronson, North American Leader – Antitrust and Competition, Skadden, Arps, Slate, Meagher & Flom LLP

      Economists:
      Dr. Russell Lamb, President, Monument Economics Group LLC
      Dr. Jorge Padilla, Senior Managing Director and Head of Compass Lexecon Europe 

      “Federal Trade Commission Commissioner”
      Bruce J. Prager, Partner (Retired), Latham & Watkins LLP 

      “European Commissioner for Competition”
      Rachel Brandenburger, Senior Advisor & Foreign Legal Consultant (admitted in England & Wales) to Hogan Lovells US LLP 

      “Commissioner of the Canadian Competition Bureau”
      Melanie Aitken, Co-Chair Canadian Competition and Foreign Investment Group, Managing Principal Washington DC Office, Bennett Jones LLP


      Video available here:  http://old.nysba.org/AM/CustomSource/OnlineCLE/index.cfm?ID=ANTIFA16&CFID=25559822&CFTOKEN=99486622 

       

      For more about the Antitrust Section, please contact Tiffany Bardwell at tbardwell@nysba.org.  Not a member of the Antitrust Section? Dues are only only $35 per year with NYSBA membership. Join today! (Join online or call the Member Resource Center at 1-800-582-2452, M-F, 8am-5pm) 

    • 2016 Chair Report by Lisl Dunlop

      -1-NYSBA ANTITRUST LAW SECTION – 2016 CHAIR’S REPORT Overview 2016 has been another banner year for the Antitrust Law Section. We have held numerous meetings, conferences and other events, most often featuring interesting speakers on antitrust topics. Committee activities have provided additional opportunities for invo

  • Section Service Awards

    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 


    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

  • Recent Programs

    Materials from Recent Programs:

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

    December 1 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 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. Efron: FTC 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 Section Symposium

      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.

      Read the newsletter now.