Let's Meet in Chicago

The ABA Midyear meeting is under way in Chicago at the downtown Hyatt this week. For you antitrust law geeks out there, the AT is co-sponsoring 2 sessions on Friday, Feb 10, with the Section of Administrative Law & Practice (AL):

9AM: The Antitrust Pot Boils Over: Is Deception in Rule Making an Antitrust Violation? (The Unocal Case)

Unocal raised the question of whether the FTC can punish deception in rule making as an antitrust violation. Under the Noerr-Pennington doctrine, political action directed to enactment of a statute cannot be punished as an antitrust violation (even though the same action is punishable if taken outside the political arena). Is rule making as political as statute making so that Noerr-Pennington applies? Or is the notice-and-comment procedure more like adjudication, to which Noerr-Pennington does not apply? This panel features lawyers who were on both sides of Unocal—a hotly contested FTC decision. In addition, the panel will update us on three important antitrust cases pending before the U.S. Supreme Court.

1045AM: Antitrust and Administrative Law: Exploring the Mandate of the Antitrust Modernization Commission in Regulated Industries

Over the last two years, the Antitrust Modernization Commission (AMC) has identified nine areas of study, and our panelists will focus on the commission's study and investigation into regulated industries. Recent litigation and administrative enforcement actions in the pharmaceutical and energy sector have exposed the important considerations antitrust and administrative practitioners must take into account when dealing with heavily regulated industries. Noted authorities from the AMC and private practice will shed some light on the recent trends in the field concerning regulated industries.

In addition to the Friday morning sessions, there will be an AT member reception at ABA HQ Thursday evening.

The LSD & YLD will also be sponsoring additional activities for their respective members, as well as the national finals of the law students negotiation competition. For more details, the Midyear program brochure is available online. I hope to get a chance to meet you there!