• At George Mason University
  • Room 113, Founders Hall – Scalia Law School
  • 3391 Fairfax Drive – Arlington VA
  • Tuesday, May 7, 2019
  • 9:30 am – 12:30 pm

A debate: Is it time to scale back or reduce the scope of antitrust policy?

  • 09:40 am – YES: Robert Crandall, Brookings
  • 10:10 am - NO: Andrew Finch, Deputy AAG for Antitrust
  • 10:40 am -Comments: Chas (Rick) Rule, AAG for Antitrust ’86-‘89
    • James Rill, AAG for Antitrust ’89-92
    • H. Stephen Harris, Esquire (Global Implications)
  • 11:15 am- Open Forum


  What's Ahead in Antitrust?
What's ahead at the Justice Department?
- Makan Delrahim, AAG for Antitrust, and Donald Kempf, Deputy for Litigation

  Transitions from 1980 to 2016
What difference has it made who occupied the White House?
What role does Congress play?

- Timothy J. Muris, former Chairman, FTC and Professor of Law Scalia Law School
- James F. Rill, former AAG for Antitrust, Baker Botts
- Jon Leibowitz, former Chairman, FTC, Davis Polk

  Can Antitrust and Economics be reconciled?
- Donald Boudreaux, Professor of Economics, GMU

  The Long-range Future of Antitrust Doctrines
- Donald I. Baker, former AAG for Antitrust, Baker & Miller

  Current Issues in International Competition Law Enforcement
- Chair: H. Stephen Harris Jr., Winston & Strawn

The Effect of US Antitrust Enforcement on Intellectual Property Rights in Foreign Jurisdictions
- Maureen K. Ohlhausen, Acting Chairman, FTC

The Challenges of International Antitrust in 2018: Due Process and Beyond
- Dina Kallay, Head of Antitrust (IPR, Americas & Asia-Pacific), Ericsson

The Continuing Saga of the Application of antitrust laws to the Licensing of Standard Essential Patents
- Koren Wong-Ervin, Director IP & Competition Policy, Qualcomm Incorporated

The Antitrust Research Foundation was established in 2011 under section 501(c)(3) and section 170 of the Internal Revenue Code to conduct research studies of the results of the enforcement of the antitrust laws and to seek an answer to the question what benefits to the U.S. economy have resulted from such enforcement.

The Foundation has an Advisory Board of Antitrust Law specialists from both academia and private law practice. Founding members of the Board were Lloyd Constantine and Eleanor M. Fox of New York City: H. Laddie Montague of Philadelphia; Timothy J. Muris of Fairfax, Va.; R. Heweitt Pate of San Ramon, Calif.; and Robert Pitofsky and James F. Rill of Washington DC. Mr. Constantine has resigned and been replaced by Jay L. Himes of New York City.

A search for all published articles or government or private reports that claim to draw any empirical conclusions about the effects of antitrust enforcement has identified the ten articles attached to this report. Also attached are summaries of the articles.

None of the articles provides a firm basis for reaching any conclusion as to the result of antitrust enforcement or whether there is or is not any public benefit from enforcement of the antitrust laws. (One of the articles suggests that a series of merger prevention actions by the Federal Trade Commission resulted in a less competitive cement industry.)

The search was conducted over a period of two years by a professional researcher who reviewed more than 500 articles located through more than a dozen database searches.

(List Of Articles With Summaries)
  • Capitalism, Socialism and Democracy, By Joseph A. Schumpeter, Harper (1950) 3d. ed.
  • Antitrust and Monopoly -- Anatomy of a Policy Failure, by Dominick T. Armentano; Independent Institute (1990) 2d ed.
  • The Antitrust Paradox -- A Policy at War with Itself, by Robert H. Bork; Basic Books (1993)
  • The Causes and Consequences of Antitrust: The Public-Choice Perspective, by Fred S. McChesney and William F. Shugart II editors; University of Chicago Press (1993)
  • The Antitrust Religion -- How Blind Faith in Antitrust Has Led to Confusing and Arbitrary Enforcement, by Edwin S. Rockefeller; Cato Institute (2007)

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