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Conference: The Administration of Antitrust: The FTC and the Rule of Law

October 14

Co-hosted by George Mason University’s Global Antitrust Institute

The Mayflower Hotel, East Room
1127 Connecticut Ave NW
Washington, DC 20036


On Friday, October 14, the Gray Center and the Global Antitrust Institute of George Mason’s Antonin Scalia Law School hosted a full-day conference on the Federal Trade Commission, the Constitution, and the future of antitrust policy.

The conference featured a keynote address and a series of panel discussions with former agency officials, leading litigators, and top scholars in the fields of antitrust and constitutional law examining the following issues:

-The current state of antitrust policy
-The Roberts Court’s possible effect on the FTC’s ambitious policymaking agenda
-The FTC’s in-house adjudications
-The future of FTC independence, in light of the Supreme Court’s recent constitutional decisions


Agenda
All sessions held in the Mayflower’s East Room

8:15 – 8:55 am: Registration and Breakfast

 

8:55 – 9:00 am: Welcome

Joshua D. Wright, Executive Director, Global Antitrust Institute; University Professor of Law, Antonin Scalia Law School, George Mason University


9:00 am – 10:30 am:
Panel 1: American Antitrust Law: Where Are We, and Where Are We Going?

Andrew I. Gavil, Professor of Law, Howard University School of Law

Thomas Hazlett, H.H. Macaulay Endowed Professor of Economics, Wilbur O. and Ann Powers College of Business, Clemson University

Bernard (Barry) A. Nigro, Jr., Partner, Fried, Frank, Harris, Shriver & Jacobson LLP

Moderator: Abbott “Tad” Lipsky, Jr., Director of the Competition Advocacy Program, Global Antitrust Institute; Adjunct Professor of Law, Antonin Scalia Law School, George Mason University

Watch Panel 1 here>>


10:30 am – 10:40 am: Break


0:40 am – 11:55 am:
Panel 2: The FTC’s Independence After Seila Law v. CFPB

Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP

Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School

Paul R. Verkuil, Former Chairman, Administrative Conference of the United States; Distinguished Senior Fellow, The C. Boyden Gray Center for the Study of the Administrative State

Moderator: The Honorable Steven G. Bradbury, Attorney; Former General Counsel, Department of Transportation

Watch Panel 2 here>>


11:55 am – 12:00 pm: Break

 

12:00 pm – 1:20 pm: Lunch & Keynote Speech

William E. Kovacic, Director, Competition Law Center; Global Competition Professor of Law and Policy; Professor of Law, The George Washington University Law School; former Chairman, Federal Trade Commission

Watch Keynote Speech here>>


1:20 pm – 1:30 pm: Break

 

1:30 – 2:45 pm: Panel 3: The FTC vs. the Roberts Court: The Major Questions Doctrine, Rulemaking, and More

Jeffrey S. Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University

Thomas W. Merrill, Charles Evans Hughes Professor, Columbia Law School

The Honorable Eugene Scalia, Partner, Gibson, Dunn & Crutcher LLP

Moderator: Chad Squitieri, Assistant Professor of Law, Columbus School of Law, The Catholic University of America

Watch Panel 3 here>>


2:45 pm – 2:55 pm: Break

 

2:55 – 4:10 pm: Panel 4: The FTC’s Litigation: In Court and In-House

Ashley Baker, Director of Public Policy, Committee for Justice

Justin (Gus) Hurwitz, Professor of Law, Nebraska College of Law, University of Nebraska – Lincoln; The Menard Director, Nebraska Governance and Technology Center; Co-Director, Space, Cyber, and Telecom Law Program

Howard Shelanski, Partner, Davis Polk & Wardwell LLP; Professor of Law, Georgetown University Law Center

Moderator: Joshua D. Wright, Executive Director, Global Antitrust Institute; University Professor of Law, Antonin Scalia Law School, George Mason University

Watch Panel 4 here>>


4:10 pm – 5:10 pm: Reception
, The Mayflower Chinese Room

 

5:10 pm: Adjourn


PAPERS FOR THE CONFERENCE

Antitrust Rulemaking: The FTC’s Delegation Deficit
Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School

Antitrust Reform in the Digital Era: A Skeptical Perspective
Robert W. Crandall, Nonresident Senior Fellow, Technology Policy Institute, Washington DC
Thomas W. Hazlett, Hugh H. Macaulay Endowed Professor of Economics, Clemson University

Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law?
Richard J. Pierce, Jr., Lyle T. Iverson Professor of Law, The George Washington University Law School

Chevron and Administrative Antitrust, Redux
Justin (Gus) Hurwitz, Professor of Law, Nebraska College of Law, University of Nebraska-Lincoln; The Menard Director, Nebraska Governance and Technology Center; Co-Director, Space, Cyber, and Telecom Law Program

FTC Independence After Seila Law
Daniel A. Crane, Frederick Paul Furth, Sr. Professor of Law, University of Michigan

FURTHER READING

Administrative Relief and Private Rights of Action under the Antitrust Laws
Richard A. Epstein, The Laurence A. Tisch Professor of Law, The New York University School of Law; The Peter and Kirsten Bedford Senior Fellow, the Hoover Foundation; the James Parker Hall Distinguished Service Professor of Law Emeritus and Senior Lecturer, The University of Chicago

Details

Date:
October 14

Venue

The Mayflower Hotel
1127 Connecticut Ave NW DC 20036 United States + Google Map