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Georgetown University Law Center
600 New Jersey Ave., NW
Washington, DC 20001
United States

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Room
Hart Auditorium

Event Description

Commissioner Noah Joshua Phillips opens the fifth FTC hearing
Commissioner Noah Joshua Phillips
opens the fifth FTC hearing

The Federal Trade Commission held the fifth session of its Hearings initiative, with a one-day session to be held at the Georgetown University Law Center in Washington, D.C. on November 1, 2018. This session rescheduled the hearing session originally postponed on September 14 due to inclement weather.

The Georgetown event examined vertical merger analysis and the role of the consumer welfare standard in U.S. antitrust law. A detailed agenda is available below.

The Commission invites public comment on these issues, including on the questions listed below:

  1. Should the U.S. antitrust agencies publish Vertical Merger Guidelines? What guidance should they provide regarding the assessment of the competitive effects of vertical mergers, including the substantive theories of competitive harm and the treatment of transaction-related efficiencies? Under what conditions, if any, should the guidelines recognize a presumption of anticompetitive harm? What showing should be required to overcome such a presumption? Under what circumstances, if any, should behavioral remedies be accepted to remedy the likely anticompetitive effects of vertical mergers?
  2. Is the “consumer welfare standard” the appropriate standard for evaluating compliance with the antitrust laws? What are alternative frameworks with which to evaluate compliance with the antitrust laws? What are their strengths and weaknesses? Is there empirical support for preferring one standard instead of another standard?

Disability Accommodation

The FTC Hearings on Competition and Consumer Protection in the 21st Century will accommodate as many attendees as possible; however, admittance will be limited to seating availability. Reasonable accommodations for people with disabilities are available upon request. Request for accommodations should be submitted to Elizabeth Kraszewski via email at ekraszewski@ftc.gov or by phone at (202) 326-3087. Such requests should include a detailed description of the accommodation needed. Please allow at least five days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.

  • 9:00-9:15 am

    Welcome and Introductory Remarks

    Noah Joshua Phillips
    Federal Trade Commission

    9:15-9:45 am

    Presentation: Vertical Mergers

    Steven Salop
    Georgetown University Law Center

    9:45-11:00 am

    Vertical Mergers (Session 1)

    Discussants:

    Francine Lafontaine
    University of Michigan
    Ross School of Business

    Daniel O’Brien
    Compass Lexecon

    Carl Shapiro
    University of California at Berkeley

    Margaret Slade
    University of British Columbia
    Vancouver School of Economics

    Moderator: Bruce Kobayashi
    Federal Trade Commission, Bureau of Economics

    11:00-11:15 am

    Break

    11:15-12:30 pm

     

     

    Vertical Mergers (Session 2)

    Discussants:

    Gene Kimmelman
    Public Knowledge

    Sharis Pozen
    General Electric

    Jonathan Sallet
    Benton Foundation

    Laura Wilkinson
    Weil, Gotshal & Manges LLP

    Paul Yde
    Freshfields Bruckhaus Deringer LLP

    Moderator: Bruce Hoffman
    Federal Trade Commission, Bureau of Competition

    12:30-1:15 pm

    Lunch Break

    1:15-1:55 pm

    Presentations: Alternatives to the Consumer Welfare Standard

    Barry Lynn
    Open Markets Institute

    Jonathan Sallet
    Benton Foundation

    Maurice Stucke
    University of Tennessee
    College of Law

    Timothy Wu
    Columbia University Law School

    1:55-3:10 pm

    The Consumer Welfare Standard in Antitrust Law (Session 1)

    Discussants:

    Timothy Brennan
    University of Maryland, Baltimore County
    School of Public Policy
    Resources for the Future

    Deborah Garza
    Covington & Burling LLP

    Gene Kimmelman
    Public Knowledge

    Sharis Pozen
    General Electric

    Fiona Scott Morton
    Yale University
    School of Management

    Moderator: Howard Shelanski
    Georgetown University Law Center
    Davis Polk & Wardwell LLP

    3:10-3:25 pm

    Break

    3:25-3:55 pm

    Presentations: Consumer Welfare Standard

    Jonathan Nuechterlein
    Sidley Austin LLP

    Carl Shapiro
    University of California at Berkeley

    3:55-5:30 pm

    The Consumer Welfare Standard in Antitrust Law (Session 2)

    Discussants:

    Barry Lynn
    Open Markets Institute

    Geoffrey Manne
    International Center for Law and Economics

    Fiona Scott Morton
    Yale University
    School of Management

    Maurice Stucke
    University of Tennessee
    College of Law

    Moderator: Derek Moore
    Federal Trade Commission, Office of Policy Planning

    5:30-5:45 pm

    Closing Remarks

    Christine S. Wilson, Commissioner
    Federal Trade Commission

  • Request for Comments

    If parties already filed relevant comments in response to the Initial Topics for Comment, they need not refile those comments here.

FTC Privacy Policy

Under the Freedom of Information Act (“FOIA”) or other laws, we may be required to disclose to outside organizations the information you provide when you pre-register. The Commission will consider all timely and responsive public comments, whether filed in paper or electronic form, and as a matter of discretion, we make every effort to remove home contact information for individuals from the public comments before posting them on the FTC website.

The FTC Act and other laws we administer permit the collection of your pre-registration contact information and the comments you file to consider and use in this proceeding as appropriate. For additional information, including routine uses permitted by the Privacy Act, see the Commission’s comprehensive Privacy Policy.

This event is open to the public and may be photographed, videotaped, webcast, or otherwise recorded. By participating in this event, you are agreeing that your image — and anything you say or submit — may be posted indefinitely at ftc.gov or on one of the Commission's publicly available social media sites.