There are three upcoming programs that I want to pass along with a brief mention of why I think each is timely and important. First, on September 22 the Section of Antitrust Law, Cartel and Criminal Practice Committee is hosting a teleconference on extradition. On September 28, Concurrences is sponsoring a live program on the FTAIA. Last up, the Georgetown Global Antitrust Symposium is on September 29, 2015.
The first program is an ABA teleconference: Antitrust and Extradition: Where Are We Now on September 22 from noon to 1:00 pm ET. The panel line-up is:
Moderator: Kathryn Hellings – Hogan Lovells
Speakers:
Stuart Chemtob – Wilson, Sonsini Goodrich & Rosati LLP
Greg DelBigio – Thorsteinssons LLP
Mark Krotoski – Morgan, Lewis & Bockius LLP
I know Katie Hellings, Stu Chemtob and Mark Krotoski as colleagues from my days with the Antitrust Division. They all have a great deal of experience in international cartel matters and have as good a sense as anyone, not only of where we are now, but where we might be going on extradition. (As an added bonus, Stu Chemtob knows everyone in the world). Aside from the real estate auction matters, the vast majority of Antitrust Division defendants are foreign fugitives. Extradition is a hot, and key topic, in the development of cartel enforcement.
Next up is a program sponsored by Concurrences Review & The George Washington University Law School: EXTRATERRITORIALITY OF ANTITRUST LAW IN THE US AND ABROAD: A HOT ISSUE. The program in on Monday, September 28, 2015 from 2:30 PM to 6:30 PM (EDT) in Washington, DC. You can click on the link for the full details, but here are a couple of highlights:
Opening Keynote Speech
Diane P. WOOD | Chief Judge, US Court of Appeals for the Seventh Circuit, Chicago
Panelists:
Douglas H. GINSBURG, Judge, US Court of Appeals for the District of Columbia
James FREDRICKS | Assistant Chief, Department of Justice, Antitrust Appellate Section
After the Supreme Court denied cert. in AU Optronics and Motorola Mobility (here), the FTAIA dropped off the radar–for about 5 minutes. But, on September 2, 2015 the Antitrust Division announced its first criminal case and plea agreement in capacitors. The Information alleged both direct import commerce and commerce that fell within the Sherman Act because it had a “direct, substantial, and reasonably foreseeable effect” on US commerce. If you think application of the FTAIA was complicated when applied to TFT-LCD screens, (I did), then you ain’t seen noting yet. LCD screens were a significant component cost of the device they were assembled into. Capacitors, however, typically cost less than a penny and there can be a couple of hundred of them in a device like a cell phone. Direct? Substantial?There will certainly be substantial litigation over these issues, and other FTAIA related head scratchers. Besides capacitors, FTAIA application is being litigated in other civil cases in lower courts. I am really looking forward to attending this conference. I’ll try to take notes and pass them along.
Last, but not least, is the Georgetown Global Antitrust Enforcement Symposium on Tuesday, September 29, 2015. Bates White is one of the sponsors. The Global Antitrust Enforcement Symposium is a leading forum for lawyers, policymakers, corporate executives, economists, and academics to address current issues in competition law and policy. The faculty includes current and former enforcement officials from the United States, European Commission, Germany, France, Brazil and Mexico. This forum is often the place to hear about significant policy developments. I recall last year it was in this forum that Bill Baer first hinted at a change in the Antitrust Division’s policy with regard to compliance programs (here). Then, in the FOREX investigation, the Division for the first time, gave company credit in a plea agreement for a compliance efforts (here). Maybe there will be interesting news this time, if not from the Antitrust Division, perhaps from enforcers from other major jurisdictions.
Thanks for reading.