Regulatory Transparency Project EventWednesday, August 09, 12:00 PMCrowell & Moring 1001 Pennsylvania Avenue NW Washington, DC 20004
Every state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen a significant proliferation of such laws, with less than 5% of jobs in the American economy requiring a license in the 1950’s to between 25-30% today. Although licensing in some occupations may benefit the public by reducing information asymmetry and/or ensuring a minimum quality level for a particular service, the significant growth in the number of occupations governed by some form of licensing requirements poses a potential threat to competition and consumer welfare. Our panel of experts will discuss these important issues.
Koren W. Wong-Ervin, Director, Global Antitrust Institute, Scalia Law School at George Mason University
Antitrust policy during much of the Obama Administration was a continuation of the Bush Administration’s minimal involvement in the market. However, at the end of President Obama’s term, there was a significant pivot to investigations and blocks of high profile mergers such as Halliburton-Baker Hughes, Comcast-Time Warner Cable, Staples-Office Depot, Sysco-US Foods, and Aetna-Humana and Anthem-Cigna. How will or should the new Administration analyze proposed mergers, including certain high profile deals like Walgreens-Rite Aid, AT&T-Time Warner, Inc., and DraftKings-FanDuel?
This lively luncheon panel discussion covered these topics and the anticipated future of antitrust enforcement. This event was held on June 9, 2017, at the National Press Club in Washington, DC.
Albert A. Foer, Founder and Senior Fellow, American Antitrust Institute
Prof. Geoffrey A. Manne, Executive Director, International Center for Law & Economics
Hon. Joshua D. Wright, Professor of Law, George Mason University School of Law
Moderator: Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
In his confirmation hearing, Justice Scalia told the Senators that, as a law school student, he had never really understood antitrust law; later, he learned that he shouldn't have understood it, because it did not make any sense then. It should come as no surprise, that in his subsequent time on the Court, Justice Scalia strove to rectify that problem, and succeeded through clearly written majority decisions that changed the direction of jurisprudence on monopolization (U.S. v. Trinko) and class certification in massive antitrust and other business class actions (Wal-Mart v. Dukes, Comcast v. Behrens), and powerful dissents. As a modern intellectual leader of the "Chicago school" of economics, Justice Scalia played an important role in shaping the Court's approach to antitrust law and hence development of the law in the lower courts. It is a good time to consider the impact of his legacy, including how lasting those decisions will be, whether and how the course of antitrust jurisprudence could change and who will take his place in the Court on these issues.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Corporations, Securities & Antitrust: Justice Scalia's Contributions to Antitrust Law
1:45 p.m. – 3:15 p.m. East Room
Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
Ms. Deborah A. Garza, Partner, Covington & Burling LLP
Prof. C. Scott Hemphill, Professor of Law, New York University School of Law
Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit
Mergers and other transactions between large telecommunications companies are always the subject of vigorous public debate, and recent developments in the area provide an excellent opportunity to explore many of the big questions in play. What is the future of media and telecom companies in today’s vast changing technology landscape? How important is scale? How should government assess the competition and public interest benefits and threats of proposed deals? What process should be employed by what agencies? How do the principles of net neutrality play into the equation? Our experts discussed these questions and others.
Hon. Michael Copps, Special Adviser, Media and Democracy Reform Initiative, Common Cause
William Rinehart, Director, Technology and Innovation Policy, American Action Forum
Moderator: Hon. Harold Furchtgott-Roth, Director, Center for the Economics of the Internet, Hudson Institute
Professor Richard Epstein, Professor of Law at NYU School of Law, continues to give an brief history of unions and collective bargaining -- focusing on changes in markets resulting from globalization and discussing the instance of unions in the Japanese automobile industry.