Symposium 2010

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13th Annual Symposium on Antitrust Law

Two Watersheds: The New Case Law of Bundles, Rebates and Class Certification

Sponsored by Empiris LLC O’Melveny & Myers LLP
Thursday, February 4, 2010
Willard InterContinental Washington
The Willard Room
1401 Pennsylvania Avenue, N.W.
Washington, D.C. 20004

2010_Symposium1

From left: Mark Cowen (ME, 2009-10), Ashley Sprague (ACE, 2009-10), Alyssa DaCunha (EiC, 2009-10), Laura O’Brien (SE, 2009-10), Darren Weiss (EE, 2009-10)

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Registration & Continental Breakfast

Welcoming Remarks

Daniel D. Polsby, Dean & Foundation Professor of Law, George Mason University School of Law

Opening Remarks

Jeffrey A. Eisenach, Chairman & Managing Partner, Empiris LLC and Adjunct Professor, George Mason University School of Law

Introduction of Judge Hogan

Ian Simmons, Partner, O’Melveny & Myers LLP

Keynote Address

The Honorable Thomas F. Hogan, United States District Judge, United States District Court for the District of Columbia

Panel One | Evaluating Bundling and Share-Based Rebates in High-Tech Industries

Moderator

Alden F. Abbott, Deputy Director, Office of International Affairs, U.S. Federal Trade Commission and Adjunct Professor, George Mason University School of Law

Speakers

Thomas Brown, Partner, O’Melveny & Myers LLPNicholas S.
Economides, Professor of Economics, New York University Leonard N. Stern School of BusinessJoseph Kattan, Partner, Gibson, Dunn & Crutcher LLPKevin M. Murphy, George J. Stigler Distinguished Service Professor of Economics, The University of Chicago Booth School of Business

Our first panel will address one of the hottest topics in contemporary antitrust – the assessment of bundling and share-based rebates in high tech industries. The antitrust status of discounts applied to sales of bundled products is subject to substantial uncertainty, at least in the United States. Federal court opinions in this area are in obvious tension, as is scholarly commentary.

Panel Two | Class Action in the Wake of Monsanto, IPO and Hydrogen Peroxide

Moderator

Peter C. Thomas, Partner, Simpson Thacher & Bartlett LLP

Speakers

Eric L. Cramer, Shareholder, Berger & Montague, P.C.Ian Simmons, Partner, O’Melveny & Myers LLPHal J. Singer, President & Managing Partner, Empiris LLC and Adjunct Professor, McDonough School of Business, Georgetown UniversityEdward A. Snyder, Dean & George Pratt Shultz Professor of Economics, The University of Chicago Booth School of Business

If the rule of thumb in merger cases once was, to paraphrase Justice Stewart, “the government always wins,” then one might state a similar rule to the effect that “antitrust cases are always certified as class actions” prevailed. Starting with the Monsanto case in 2005, defendants began to have a fighting chance to defeat class certification. Although antitrust cases remain amongst the most common cases to be certified, over the last several years key decisions have altered the battlefield. This panel will discuss the case law, economic analysis of, and strategies behind prosecuting and defending antitrust class certification motions.

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