Today 9:30 am: Allen Grunes Testimony Before House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law: Oversight Hearing on “Competition in the Video and Broadband Markets: The Proposed Merger of Comcast and Time Warner Cable”

Allen Grunes to Testify Before House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law:  Oversight Hearing on “Competition in the Video and Broadband Markets:  The Proposed Merger of Comcast and Time Warner Cable.”

Hearing date:  May 8, 2014 9:30 am

Link to live hearing: http://judiciary.house.gov/index.cfm/live-video-feed

More information here: http://judiciary.house.gov/index.cfm/hearings?ID=301C520F-5B9E-4E43-B2B5-B131B3B88951

Phillip Zane and Allen Grunes recognized

by Thomson Reuters

GeyerGorey LLP is pleased to announce that Phillip Zane and Allen Grunes have been named to the 2014 “DC Super Lawyers List” by Thomson Reuters.  Zane was recognized for his work in white collar criminal defense, antitrust litigation and appellate, while Grunes was recognized for his work in antitrust litigation, mergers & acquisitions and government relations.  Both attorneys will be listed in the May 2014 Washington DC Super Lawyers magazine.

The polling, researching, and selecting of “Super Lawyers” is designed to identify Washington, DC lawyers who have attained a high degree of peer recognition and professional achievement.  Only 5 percent of Washington, DC-area attorneys receive this honor.

GeyerGorey is a boutique law firm founded by former DOJ antitrust prosecutors.  With twelve lawyers in five offices, the firm concentrates on criminal and civil antitrust litigation and counseling, matters involving federal procurement fraud, other federal criminal matters, and counseling on compliance with U.S. laws.

Forbes Magazine: DoJ Flexing Muscle On Price Fixers Worldwide

DoJ Flexing Muscle On Price Fixers Worldwide:

“There are going to be fewer places to hide,” said Robert Connolly…

http://www.forbes.com/sites/mergermarket/2014/04/23/doj-flexing-muscle-on-price-fixers-worldwide/

GeyerGorey LLP’s Grunes and Stucke in Roll Call: Another ‘Too Big to Fail’ Merger From Comcast’s Playbook

“Last week, the Senate Judiciary Committee held the first hearing to examine the merger of the nation’s top two cable operators, Comcast and Time Warner Cable. But the merger no longer has the air of inevitability it once did. What happened?

People who are studying this merger do not like what they see for many reasons. Here are three: less innovation, greater market power over high-speed broadband and higher prices and poorer service for consumers. Companies confronted with Comcast’s bargaining power, like Netflix, are speaking out. And, unusually for an antitrust case, the public is taking notice: 52 percent of Americans in a recent Reuters poll believed that this deal would reduce competition and be bad for consumers….”

Another ‘Too Big to Fail’ Merger From Comcast’s Playbook, Roll Call, April 17, 2014

Click on link above….

Antitrust and White-Collar Defense Luminary, Robert E. Connolly, Joins GeyerGorey LLP

Robert E. ConnollyGeyerGorey LLP announced today that Robert E. Connolly has joined the firm’s Washington, D.C. office as a partner.  Connolly spent most of his career as a prosecutor with the Middle Atlantic Field Office of the Antitrust Division, Department of Justice.   Connolly joined that office in 1980 and was Chief from 1994 until early 2013.  More recently, Robert E. Connolly has been with DLA Piper in Philadelphia.  Connolly will lead GeyerGorey’s corporate internal investigations practice.  Founding partner Brad Geyer said “Bob is a natural fit for our culture, which requires constant disciplined teamwork and focus on client solutions that spring from the firm’s’ deep prosecutorial experience”
Connolly said: “I am excited to join my former DOJ colleagues.  Collectively we have worked on many of the Division’s most significant criminal and civil matters.  We have unique insights and experience to offer clients. The firm’s unique approach and rapid growth further strengthens our ability to serve clients faced with government investigations.”
“We expect Bob will be involved in much of the firm’s current portfolio of work, in addition to leading the corporate internal investigation practice,” said founding partner Hays Gorey.  “Bob has a notable reputation for his representation in high-stakes matters. He will strengthen our ability to represent multinational clients in complex litigation, as well as in high-profile regulatory and enforcement agency investigations.”  Connolly will be also be part of GeyerGorey’s compliance team, which blends its experience in enforcement, in-house counseling, criminal and civil defense, and qui tam litigation, to help companies efficiently identify, address, and mitigate litigation risks from the onset and develop an organizational culture that encourages ethical conduct and a commitment to comply with the law.
In his career with the Division, Connolly led major national and international white-collar crime investigations in the areas of antitrust, fraud and obstruction of justice.  He is known for innovative investigative and trial strategy and a command presence in the courtroom.  He left the government with one of the, if not the most successful, trial records in Antitrust Division history. Connolly was known for his building and leading effective teams that had an extraordinary commitment to successfully completing the mission.
Notably, Connolly led the international graphite electrodes cartel grand jury investigation, which resulted in seven corporate and three individual convictions and approximately $437 million in fines, including what was then the largest post-trial criminal fine in Antitrust Division history.  The investigation was capped by charging, trying and convicting a foreign corporation of aiding and abetting the cartel.   Connolly, as lead trial attorney, along with GeyerGorey’s Wendy Norman, received the DOJ’s highest litigation honor, the John Marshall Award for Outstanding Legal Achievement for Trial Litigation.  More recently, Connolly’s office led the historic effort to extradite Ian Norris to the United States from Britain to stand trial on obstruction of justice charges, of which Norris was later convicted.
In addition to his prosecutorial experience, Connolly was the Victor Kramer Fellow at Yale University in 1989-1990. He has served as an adjunct professor of antitrust law at Rutgers-Camden Law School and later Drexel School of Law.   He currently serves on the Advisory Board for the ABA Cartel and Criminal Practice committee and since leaving the Antitrust Division in 2013, has authored more than a dozen articles on U.S. and international competition law practice.

GeyerGorey LLP’s Allen Grunes regarding Comcast Merger on Bloomberg TV

Please click the link below:

GeyerGorey LLP’s Allen Grunes regarding Comcast Merger on Bloomberg TV

Allen Grunes quoted in New York Times, “In Scrutiny of Cable Merger, Internet Choice Will Be Crucial Battlefield”

 

In Scrutiny of Cable Merger, Internet Choice Will Be Crucial Battlefield

New York Times

“The economic argument over broadband is going to be crucial in this case,” said Allen P. Grunes, a partner at the law firm GeyerGorey in Washington and the co-author of two recent papers examining the merger.

GeyerGorey LLP, as Pro Bono Counsel, Represents AAI in Asking District Court to Overturn Airline Merger Settlement (United States v. US Airways Group)

GeyerGorey LLP, serving as pro bono counsel, represents AAI in Asking District Court to Overturn Airline Merger Settlement (United States v. US Airways Group)

The Beneficent Monopolist: Allen Grunes and Maurice Stucke on the Comcast/Time Warner merger.

 

 


Allen P. Grunes 


GeyerGorey LLP

Maurice E. Stucke 


University of Tennessee College of Law

March 26, 2014

Competition Policy International, April 2014, Forthcoming 


Abstract: 

In examining Comcast’s proposed acquisition of Time Warner Cable (TWC), we assess three of the arguments Comcast likely will make to the Department of Justice and FCC. Comcast will likely argue that its acquisition of TWC is unlikely to lessen competition because: (a) the broadband market is becoming more competitive: Google has introduced Google Fiber in a number of markets, and mobile broadband offered by wireless providers like AT&T and Sprint is competitive with fixed broadband; (b) Netflix and traditional media companies have sufficient clout to negotiate with Comcast and the government should not intervene on their behalf; and (c) the “wide array of FCC and antitrust rules and conditions from the NBCUniversal transaction in place . . . more than adequately address any potential vertical foreclosure concerns in the area of video programming.”

We argue that notwithstanding Comcast’s and TWC’s assertions, combining two monopolies does not yield better service, lower retail prices, more innovation, and greater choices for consumers. Nor should the DOJ and FCC simply extend the prior behavioral remedies to this merger. Behavioral remedies are a poor substitute for market competition. Comcast and TWC have not overcome the presumption of illegality for this merger and are unlikely to do so. As was the case with AT&T/T-Mobile, DOJ should just say no.

Today Maurice Stucke will be presenting “In Search of Effective Ethics & Compliance Programs” before the Harvard European Law Association and its Program on Informal Enforcement of Competition Law

Preliminary Program

Harvard European Law Association

Informal Enforcement of Competition Law: Perspectives from the U.S. And Europe

March 24, Center for European Studies, Harvard University

Welcome: Pieter-Augustijn Van Malleghem (HELA) (9-9.10)

Opening SpeechAn Enforcer’s View: Prof. Jacques Steenbergen (Belgian CA), The Informal Competition Policy of the Belgian Competition Authority  (9.10-9.30)

 

  1. Informal Enforcement and Cartels (9.30-10.50AM)

Chair: Prof. Jacques Steenbergen

Anna-Louise Hinds (NUI Galway), Cartel Settlement in EU Competition Law – A Potential Compliance Impact?

Niels Baeten (Linklaters), Combined Lenience/Settlement Cases as the new normal in EU Cartel Enforcement: challenges & opportunities

Georges Georgiev (UCLA), The EU’s 2013 Proposal for a Directive on Antitrust Damages Actions: A Comparative Assessment

 

Coffee Break: 10.50 – 11.05AM

 

Keynote 1: Prof. Damien Geradin (11.05-11.25AM)

 

  1. Informal Enforcement and Unilateral Conduct (11.25-12.45PM)

Chair: Prof. Damien Geradin

Giovanna Massarotto (Criterion Economics), Antitrust Enforcement – The Crucial Role of Consent Decrees

Urska Petrovcic (EUI), Antitrust Settlements in Innovative Industries – The Case of Standard Essential Patents

Yane Svetiev (UBocconi/EUI), Settling or Learning: Commitment Decisions as a New Competition Enforcement Paradigm in the EU

 

Lunch: 12.45-1.45PM

 

Keynote 2: Prof. Einer Elhauge (1.45-2.05PM)

 

  1. Alternative Approaches to Informal Enforcement (2.05-3.25PM)

Chair: prof. E. Elhauge

Maurice Stucke (UTK), In Search of Effective Ethics & Compliance Programs

Matthew Jennejohn (BYU), Innovating Merger Review Outcomes

Mislav Mataija, (Uzagreb/EUI), Regulating the Regulators through Competition Law: Voluntary Private Regulation as an Alternative to Direct Enforcement?

 

Coffee Break: 3.25-3.40PM

 

  1. Informal Enforcement: A Legitimate Tool? (3.40-5PM)

Chair: Prof. D. Geradin

Damien Gerard, (UCLouvain/CGSH), Negotiated Remedies in the modernization era: the limits of effectiveness

Florian Wagner von Papp (UCL), Out-Lawing Antitrust

Georges Vallindas (ECJ), Is a Triple Cheeseburger easy to eat? EU’s Architecture facing non-litigation competition enforcement

Closing Remarks: Prof. Damien Geradin