Day 12 (Nov. 14) (Tues.)

Official Transcript (Corrected)

Failing Firms in Light of Global Competition

9:30 a.m. - 12:00 noon
When is Merging the Best Use of a Failing Firm's Assets? Does Antitrust Impede Options for the Rational and Productive Use of a Failing Firm or a Distressed Industry's Resources?

Professor Richard J. Gilbert (UCal, Berkeley) (Prepared Statement)
Joseph Kattan (Morgan, Lewis & Bockius) (Prepared Statement)
Robert H. Lande (Univ. of Baltimore) (Prepared Statement)
Joseph Sims (Jones, Day, Reavis & Pogue)

1:30 p.m. - 4:00 p.m.
Should Antitrust Law Make Adjustments in the Failing Firm Defense to Enable the Rationalization of Overcapacity in Industries Affected by Global Competition or Other Change? Should the Failing Firm Defense Remain the Same or Even Be Made More Stringent?

Lisabeth Leeds (Ass't Att'ys General, Florida) (Prepared Statement)
Professor Edward Corriea (Northeastern Univ.) (Prepared Statement)
Professor Jerry Hausman (MIT; for Kodak) (Prepared Statement)
Phillip Proger (Jones, Day, Reavis & Pogue)
Professor Spencer Waller (Brooklyn Law School) (Prepared Statement)

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