HENRY G. MANNE PROGRAM IN LAW & ECONOMICS STUDIES GEORGE MASON LAW REVIEW 19TH ANNUAL ANTITRUST SYMPOSIUM: ANTITRUST IN AN INTERCONNECTED WORLD

FEBRUARY 18, 2016 WELCOME

HENRY G. MANNE PROGRAM IN LAW & ECONOMICS STUDIES GEORGE MASON LAW REVIEW 19TH ANNUAL ANTITRUST SYMPOSIUM

FEBRUARY 18, 2016, ARLINGTON, VA

ABOUT US OUR PROGRAMS CONTENTS

Since its inception in 1974, the THE MASON JUDICIAL EDUCATION PROGRAM is the nation’s Law & Economics Center has preeminent provider of high-quality, balanced judicial educational Agenda 2 played a critical role as a leader in seminars and conferences that focus on economics, finance, accounting, law and economics research and statistics, and scientific method. The LEC has been offering programs for Speaker Bios 6 education. The LEC recognizes judges since 1976. both the importance of timely, relevant, and unassailable research THE HENRY G. MANNE PROGRAM IN LAW & ECONOMICS STUDIES LEC Contact Info 19 on public policy issues as well as promotes law and economics scholarship by funding faculty research and the necessity of communicating hosting policy-relevant research roundtables and academic conferences. Upcoming Schedule 21 research findings to those who are directly shaping our country’s THE SEARLE CIVIL JUSTICE INSTITUTE is a public policy institute public policy discussions. With devoted to producing timely, analytically rigorous, and balanced research research divisions devoted to on important civil justice issues confronting our free enterprise system. large-scale empirical projects and top-quality legal policy analysis, THE MASON ATTORNEYS GENERAL EDUCATION PROGRAM offers and educational arms reaching courses that provide a broad-based understanding of economic and public out to judges, attorneys general, policy issues to state attorneys general and their staff attorneys. SPONSORS and other policymakers, the LEC is uniquely equipped to positively THE CONGRESSIONAL CIVIL JUSTICE CAUCUS ACADEMY organizes affect national policy outcomes. rigorous, balanced educational programs on a range of civil justice issues for the benefit of the general public and members of the US Congress and The generous support of their staff. individuals, foundations, and corporations make all LEC THE GLOBAL ANTITRUST INSTITUTE is a leading international platform activities possible. A current list of for research and education that focuses on the legal and economic LEC donors may be found on our analysis of key antitrust issues confronting competition agencies and website. courts around the world.

WIFI NETWORK: MASON TAXI INFORMATION IMPORTANT EVENT CONTACTS WEB INFORMATION HELPFUL RESOURCES User Name: foundersevents Red Top Cab of Arlington Jeff Smith, Cell: 703.819.4595, Email: [email protected] www.MasonManne.org Password: _HfzZ1913 703.522.3333 Keith Fierro, Cell: 714.862.4923, Email: [email protected] AGENDA 3 Founders Hall Auditorium, All Sessions ROBERT WICK D. Partner, Covington & Burling LLP LIMARZI C. KRISTEN Chief, Appellate Section, Antitrust Division, US Department of Justice THE HONORABLE JEANNE PRATT Mergers Branch, Competition, of Deputy Commissioner Senior Competition Canada of Government Bureau MEGAN E. JONES LLP Hausfeld Partner, MODERATOR THE HONORABLE DOUGLAS H. GINSBURG Senior Judge, United States Court of Appeals for the District of Columbia Circuit and Professor George of Law, Mason University School of Law PANELISTS SETH BLOOM Strategic Counsel PLLC Bloom President and Founder, DANIELD. SOKOL Professor Levin College of Law, University of Law, of Florida ANDREA RENDA Senior Research Fellow and Head of the Regulatory Affairs Program, Studies Policy European for Centre MICHAEL A. SALINGER Senior Academic Charles Advisor, River Associates MODERATOR A. MANNE GEOFFREY Founder and Executive Director, International Center for Law & Economics PANELISTS George Mason University School Founders of Law, Hall, Fairfax 3351 Drive, Arlington, 22201 VA Thursday, February 18 February Thursday, EXTRATERRITORIALITY FTAIA CONCERNS: 9:45 AM – 11:00 AM AM – 11:00 9:45 GOOGLE: ONE: PANEL GLOBAL ANTITRUST INVESTIGATIONS PM AM – 12:30 11:15 TWO: PANEL SYMPOSIUM: SYMPOSIUM: Founders Hall Auditorium, All Sessions TERRY Of Counsel, Freshfields Bruckhaus Deringer LLP JOSHUA D. WRIGHTJOSHUA D. Professor of Law and Executive Director, Global Antitrust Institute, George Mason University School of Law FRANK MONTAG Partner, Freshfields Bruckhaus Deringer LLP ABBOTT JR. B. LIPSKY, Partner, Latham & Watkins LLP RANDOLPH TRITELL W. Director, Office of International Affairs,Trade FederalCommission COMMENTATOR TODD ZYWICKI J. Executive Director, Law & Economics Center and George Mason University Foundation Professor George of Law, Mason University School of Law ELISE M. NELSON George MasonSymposium Editor, Law Review SPEAKERS

HENRY G. MANNE PROGRAM FOR LAW & ECONOMICS STUDIES ECONOMICS & LAW FOR PROGRAM MANNE G. HENRY SYMPOSIUM ANTITRUST 19TH ANNUAL REVIEW LAW MASON GEORGE

Monday, July 13 July Monday, Thursday, February 18 February Thursday, 8:35 AM – 9:30 AM AM – 9:30 8:35 KEYNOTE OPENING DUE DISCUSSION: PROCESS 8:30 AM – 8:35 AM AM – 8:35 8:30 WELCOME Founders Hall Multipurpose Room Multipurpose Hall Founders 8:00 AM - 8:30 AM AM - 8:30 8:00 BREAKFAST AND REGISTRATION AGENDA 5 Founders Hall Auditorium, All Sessions PANELISTS JAMES C. COOPER Associate Professor of Law and Director, Program on Economics & GeorgePrivacy, Mason University School of Law DARREN S. TUCKER Partner, Morgan Lewis & Bockius LLP THE HONORABLE MAUREEN K. OHLHAUSEN Commission Trade Federal Commissioner, WAEHRER KEITH Partner, Bates White Economic Consulting MODERATOR O’BRIEN DANIEL P. Commission Trade Federal Advisor, Economic Senior George Mason University School Founders of Law, Hall, Fairfax 3351 Drive, Arlington, 22201 VA Thursday, February 18 February Thursday, Founders Hall Gallery Hall Founders PM 6:00 ADJOURN 3:30 PM – 4:45 PM 4:45 – PM 3:30 FOUR: PANEL ANTITRUST LESSONS FOR PRIVACY REGULATORS PM – 5:00 PM 4:45 REMARKS CLOSING PM – 6:00 PM 5:00 RECEPTION COCKTAIL SYMPOSIUM: SYMPOSIUM: Founders Hall Auditorium, All Sessions DEBORAH L. FEINSTEIN Commission Trade Competition, of Federal Bureau Director, JOANNA TSAI Vice President, Charles River Associates MODERATOR THOMAS A. LAMBERT ChairWall in Corporate Law and Governance and Professor University of Law, of Missouri School of Law Global Competition Professor of Law and Policy, Professor of Law, and Director, and Director, of Law, Professor of Law and Policy, Global Competition Professor School University Law The George Washington Competition Law Center, PANELISTS ROBERT WILLIG D. Professor of Economics and Public Affairs, Woodrow Wilson School of Public & International Affairs, L. YDE PAUL Partner, Freshfields Bruckhaus Deringer LLP KEYNOTE SPEAKER KOVACIC E. WILLIAM

HENRY G. MANNE PROGRAM FOR LAW & ECONOMICS STUDIES ECONOMICS & LAW FOR PROGRAM MANNE G. HENRY SYMPOSIUM ANTITRUST 19TH ANNUAL REVIEW LAW MASON GEORGE

Monday, July 13 July Monday, Thursday, February 18 February Thursday, 2:00 PM – 3:15 PM – 3:15 PM 2:00 AND GUPPI THREE: PANEL HARBOR? SAFE THE Founders Hall Multipurpose Room Multipurpose Hall Founders 12:30 PM – 2:00 PM – 2:00 PM 12:30 KEYNOTE LUNCHEON ADDRESS SPEAKER BIOS 7

Global Competition Review Competition Global Amongher many accolades, named Ms. Feinstein global “Lawyer of the for Year” 2010. Sheis graduatea of Harvard Law School and the (1987) University of California at Berkeley (1983). DEBORAH L. FEINSTEIN Competition of Bureau Director, Commission Trade Federal Deborah L. Feinstein was appointed the director of the (BC) Competition of Bureau Commission’s Trade Federal Chairwomanby She Edith 2013. Ramirez on June 17, and investigators, attorneys, Commission the oversees administrative personnel working to enforce the antitrust laws for the benefit of consumers. Ms. Feinstein joined the agency from Arnold & Porter, where she was a partner and chair of the Antitrust Practice firstPorterandArnold & careerat her began She Group. joined the FTC in 1989 where she served as an assistant tothe BC director and as an attorney advisor to formera practice. private to Commissioner returning before , , and . in publicationsin including Antitrust the Law Journal Journal IndustrialInternational Organization of the Boston University Law Review CooperDr. has a PhD in economics from Emory Universityand JDa from George Mason University School of where Law, he was a Levy Fellow. JAMES C. COOPER of Law and Director, Associate Professor Program on Economics & Privacy George Mason University School of Law James C. Cooper is associate professor of lawand director of the Program on Economics & Privacy at George Mason University School Prior of Law. to joining George Mason,he spent several yearsat the Federal Commission,Trade most recently as an advisor to worked also Cooper Dr. Kovacic. William Commissioner in the FTC’s Office of Policy Planning, where he last served as acting director. Prior to joining the FTC, he wasan associate in the antitrust group at Crowell & DC. Moring Washington, in LLP CooperDr. has taught law and economics at Johns Hopkins University, and his research has appeared , and, has been a member of the named one ofthe top 20 antitrustlawyers globally by Who’s Who Legal published Law by Business Research. acquisitions/jointventures acrossbroad a range of industriesand theirreview numerous by competition provided antitrust also has Calvani agencies. Mr. counseling to a large number of companies and several trade associations. Prior to joining Freshfields, hewas commissioner aswell as acting chairmanof the US . He was also a member the (of board) of the Irish Competition Authority and director of the Criminal Cartels Division. CalvaniMr. is the editor of a book and numerous articles oncompetition law andpolicy and haslectured extensivelyon the subject. He has served as chairman of several ABA Antitrust Section committees and two terms on its governing council. He is a member of the AmericanLaw Institute, serves on the advisory board of the Antitrust Bulletin Administrative Conference of the United States. Mr. Calvani is listed as a leading antitrust and regulatory lawyerin many guides and directories and was recently TERRY CALVANI TERRY Of Counsel Freshfields Bruckhaus Deringer LLP Based in Freshfields’Washington, DC office, Terry focuses civil criminal on Calvani and investigations bothby federal and state authorities. He also handles

, and, , Reuters,, FTC Watch Washington Post Washington , , SPEAKER BIOS SPEAKER from the University of Rochester. enforcement of the antitrust laws. Prior to that, Bloom Mr. spenteleven years as an attorney with Washington, DC firms, of practicing commerciallaw complex area the in litigation.He holds JDa degree from the University of Pennsylvania Law School and a BA magna cum laude Department’s Antitrust Division. During his time at the corporate numerous Justice Department, investigated he mergers, and participated in litigation directed at the competition, telecom, high tech, and has also been quoted press the frequentlyregarding in critical antitrust and competition policy issues, including in the Street Wall Journal Radio. Public National Prior to beginning his service at the Senate in 1999, Mr. Bloomspent three years as triala attorneyat the Justice during Bloom’s tenure. Mr. From 2008 to January Mr. 2013, Bloomserved asgeneral counsel of the Senate Antitrust Subcommittee. BloomMr. has also been frequently been called on to serve as an expert speaker on critical issues of antitrust, Prior to founding Bloom Strategic Counsel in March Bloom Mr. 2013, spent nearly fourteen years working in the US Senate on the Judiciary Committee’s Antitrust Subcommittee. He began as a counsel on the Antitrust Subcommitteestaff of Senator Kohl in 1999, who served aschairman and ranking member of the Subcommittee SethBloom isthe president and founder of Bloom Strategic Counsel Bloom, PLLC. Mr. the former long time general counsel of the US Senate Antitrust Subcommittee, is an attorney with extensive governmental and private sector experience in antitrust and competition law. SETH BLOOM President and Founder Bloom Strategic Counsel PLLC SPEAKER BIOS 9 , the , and the (5th ed., Foundation . He blogs regularly at Truth Texas Law Review, the Texas , the Boston College Law Review , a site, focused on academic commentary Minnesota Law Review ProfessorLambert has received the law school’s BlackwellMartin Sanders Peper Distinguished Faculty the and excellence teaching for Award Achievement university-wideGold Chalk Award for Excellence in atTeaching the graduatehis level. In 2007 and 2011, work was honored with the Shook Hardy & Bacon Excellence in Research Award for best law faculty scholarship. the practiced in he academia, law entering Before Chicago office of Sidley Austin and was a John M. Olin Fellow at Northwestern University School of Law and the Center for the Study of American Business the (now Murray Weidenbaum Center) at Washington University. After graduating from law school, he clerked forthe Honorable Jerry E. Smith of the US Court of Appeals for the FifthCircuit. THOMAS A. LAMBERT ChairWall in CorporateLaw and Governance and Professor of Law University of Missouri School of Law ThomasA. Lambert is the Wall Chair in Corporate Law and Governance and Professor Professor of Law. Lambert’sscholarship focuses on antitrust, corporate and regulatory matters. He is co-author of Antitrust Law: Implementation and Interpretation andPress, has authored2013) or co-authored more than twenty journal articles in such publications as the Antitrust Bulletin Journal Regulation on Yale on the Market on antitrust, business, and economic legal issues. (2002) and is co- AntitrustLaw and Economics in a Nutshell (5th ed. AntitrustLaw in Perspective: Cases, Concepts and He is co-author (with Andrew Gavil and Jonathan Baker) of Policy Competition in Problems author (with Stephen Calkins and Ernest Gellhorn) of 2004). Since 1992, Professor Kovacic has served asan adviser on antitrust and consumer protection issues to the governments ofArmenia, Benin, Egypt, Mongolia, Indonesia, Georgia, Guyana, Salvador, El Morocco, Nepal, Panama, Russia, Ukraine, Vietnam, Zimbabwe. and Professor Kovacic earned his BA from Princeton University and his JD from Law School. WILLIAM E. KOVACIC E. WILLIAM Policy, and Law of Professor Competition Global Professor and Director, of Law, Competition Law Center The George Washington University Law School William E. Kovacic is the Global Competition Professor of Law and professor Policy, and of law, director of the Washington George The at Center Law Competition University Law School. Before joining the Law School in 1999, Professor Kovacicwas George Mason University Foundation Professorat the George Mason UniversitySchool of From JuneLaw. 2001 to December2004, heserved as Commission. Trade Federal the counsel for general the Heis recognizeda expert in the fields of antitrust law and government contracts law.

) at North Carolina named her as one of the selected her as one of just three magna cum laude Global Competition Review Competition Global Who’s Who Legal Who’s State University. State and She is the founder of Women Antitrust Plaintiffs’ Attorneys, best national organization a exchanging dedicated to practices and information for women who primarily practice cartel law on behalf of victims. Ms. Jones earned her JD at the University of North Carolina at Chapel Hill School of and Law, her BA ( Megan Jones focuses on recovering damages for for damages recovering on focuses Jones Megan corporate victims of antitrust cartels for price-fixing, violations. competition other and trade, of restraints tying, clients, corporate her performs for She cartel analyses surveying purchase anti-competitive records potential for recommendations which about makes then losses. She lossescan be recovered. Recoveries from the cases she hasbeen involved in total well over half billiona dollars. businesses classes of both representing at adept is She that were harmed as well as individual businesses. JonesMs. been recognized has locally globally as and a leader in the Antitrust and E-Discovery bars. In 2014, Review Competition Global researchers at independent “The International of list their on represented women Who Who’s of Competition Lawyers Economists.”& In 2013, 100 successful Women in Antitrust globally. She was one ofjust twenty-three USLawyers selected forthis global honorand the only US lawyer who exclusively focuses her practice on pursuing recovery for victims of cartels. MEGAN E. JONES Partner LLP Hausfeld ; ; and; the Law & the Harvard Journal ; the Journal of Economics Law, ; the; Supreme Court Economic Review SPEAKER BIOS SPEAKER Universityof Chicago Law Review ompetition Policy International; ompetition Policy and Policy and the School University Mason George at Center Economics of Law. is also a professor of law at George Mason University School of Law . JudgeGinsburg serves on the advisory boards of: C of Law and Public Policy; theJournal Competition of Law and Economics Harvard Law School deputy(1975-1983), assistant and Antitrust Division the in general attorney assistant then ofthe Departmentof Justice, and as the administrator of the Office of Information and Regulatory Affairs in theOffice of Management and Budget. Judge Ginsburg he served as Chief Judge from 2001 to 2008. After receivinghis BS from Cornell Universityand in 1970, his JD from The University ofChicago Law School in he clerked1973, for the Honorable Carl McGowan on the DC Circuit, and for Justice Thurgood Marshall of theUS Supreme Court. He was then professor a at the Senior Circuit Judge Douglas Ginsburg was appointed to the US Court of Appeals for the DC Circuit in 1986; DOUGLAS H. GINSBURG JudgeSenior United States Court of Appeals for the District of Columbia Circuit Professor Law of George Mason University School of Law SPEAKER BIOS 11 (Sweet Maxwell) & JournalCompetition of ( ’s Who’s Who Who’s ’s Legal Awards. ) and a frequent speaker at conferences. Community Practice and Procedure and Practice Community Wettbewerbsrecht zum and Kommentar of Münchner (Beck). He is also a member of the board of editors of ZeitschriftWettbewerbsrecht für Law Lawyer Competition Global named been has Montag Dr. forof the six Year years running at the Competition Global Review FRANK MONTAG Partner Freshfields Bruckhaus Deringer LLP Frank Montag is an antitrust, competition, and trade partner in Freshfields’ Brussels office. From 2000 to 2006, he co-chaired Committee. Risk and Finance firm’s the the of chair firm’scurrently global antitrust group, and is He is chairman of the Studienvereinigung Kartellrecht (the Antitrust Lawyers’ Association for Germany, Austria and Switzerland) and has been a non-governmental (ICN) Network Competition International the to adviser since2001. He serves on the advisory council of the Max Property Intellectual for Institute Planck Competition and Munich. Law, MontagDr. is co-editor European of Law: Competition . With . HarvardJournal , the, Supreme Court Supreme Economic , the, CompetitionPolicy and Intellectual Property , and the Columbia Business Law Review Manne is the editor of a volume from Cambridge University Pressentitled Uncertainty: Under Law Innovation Regulating Prior to founding ICLE, Professor Manne was a law professor at Lewis & Clark Law School. From 2006- 2009, he took a leave from teaching to develop Microsoft’s legal and economics academic outreach program. He has also served asa lecturer in lawat the University of ChicagoLaw School and the University of Virginia School Heof Law. practiced antitrust law and appellate litigation at Latham & Watkins, clerked for the Honorable Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard He Posner. was also once (very briefly) employedby the FTC. GEOFFREY A. MANNE GEOFFREY Director Executive and Founder International Center for Law and Economics GeoffreyA. Manne is the founder and executive director of the International Center for Law and Economics (ICLE), based in Portland, Oregon. he was In also 2015 appointed to the Consumer FCC’s Advisory Commission, where he co-chairs the Broadband Working Group. He is an expert inthe economic analysisdrawing of law, on two degrees from the University of Chicago. He specializes in antitrust, intellectual protection, consumer telecommunications, property,and technology policy. His publications have appeared in numerous journals including the Journal of Economics Competitionand Law ofLaw and Public Policy Review former FTC Commissioner Joshua Wright, Professor , the, amicus program that resulted in profound policyand veterana of numerous antitrust proceedings inscores of jurisdictions throughout the world. He under general attorney deputyserved assistant as Baxter,William playing central F. roles in preparation ofthe 1982 Justice Department Merger Guidelines, the review and ultimate dismissal of United States IBM v. Corp. changes in Supreme Court interpretation of antitrust law, and the decisive realignment of the interface between antitrustenforcement policy and intellectual property law that occurred in the first Reagan Administration. After nine years of private practice in Washington DC, he was appointed chief global antitrust lawyer for The Coca-Cola Company in 1992. After joining Latham & Watkins in 2002, he served as the inaugural international officer of the ABA Section of Antitrust Law and since then has been closelyassociated with effortsto streamlineantitrust reduction the advocating world, the around enforcement of compliance burdens and the harmonization of fundamental objectives antitrust of law. ABBOTT B. LIPSKY JR. Partner LLP Latham & Watkins LipskyTad is a partner in the Washington, DC office ofLatham He is an Watkins& internationally LLP. recognized expert on antitrust and competition law and SPEAKER BIOS SPEAKER Court for the Eastern District ofVirginia. From 2003 to Washington, in LLP Spalding King for & worked she 2007, DC, and joined the Antitrust Division’s Appellate Section in 2008 as a staff attorney. University Law Center in 2002. She received her bachelor her 2002. received in She Center University Law of arts degree in political science from Swarthmore College Following law in school, 1997. she clerked for theHonorable Leonie M. Brinkema in the US District of appeals. The section, in conjunction with the Solicitor General’s Office, also prepares all Division briefs in the Court. Supreme responsibilities include its US addition, In filing briefs and arguing on behalfamicus curiae in selected privateof antitrust cases.the United States as Ms. Limarzi received her law degree from Georgetown KristenLimarzi became chief of the Appellate Section of the Antitrust Division of the US Department of Justice inOctober 2013—after working for six years as staffa attorney in the section. In this position, she supervises the section’s eight staff attorneys, who represent the Divisionin all civil and criminal cases in the US courts KRISTEN C. LIMARZI C. KRISTEN Division Antitrust Section, Appellate Chief, US Department of Justice SPEAKER BIOS 13 Lawand , (Springer, (Springer, , , (CEPS,, June , (Intersentia, Summer 2011); 2011); Summer (Intersentia, , , (CEPS,, September 2010); A NewA Innovation Policy for EU2020 Lawand Policy of Innovation in the EU May 2011) (with MassimilianoMay 2011) Granieri). Economics in the RIA World and Guido Carli University, Rome, in 1995 (dissertation awarded a special distinction) and has a European master of law and economics (LLM, with distinction, University of Hamburg, 1996). He holds a PhD in law and economics from the Erasmus University of Rotterdam. RendaDr. is the author of several publications, including the books (with Massimiliano2010) Granieri); Critical Infrastructure Protectionin the EU ANDREA RENDA Senior Research Fellow and Head of the Regulatory Affairs Program Studies Policy European for Centre AndreaDr. Renda is a senior research fellow at the Centre for European Policy Studies where (CEPS), he started and currently manages the CEPS Regulatory Affairs Since Program. January 2006, served also has he as the coordinator of the European Network for Better Regulation, coordination a action on regulatory impact assessment funded the by European Commission under the FP6 program. he In also 2010, became the founder and manager of the CEPS Digital Forum. Renda is Dr. an ongoing consultant for a number of institutions, including the European Commission, the European Parliament, the OECD, and the World Bank. He earned a laurea cum laude in economics from Luiss her extensive competition law background and experienceand background competition law extensive her matters. Competition Act in clients representing counsel as Before joining the Bureau, Ms. Pratt was a partner with the law firm McCarthyTétrault LLP, where she practicedexclusivelyin the area of competition law and litigation. She advised clients on all aspects of competition law, includingmergers, criminal matters,practices, reviewable practices. marketing deceptive and Ms. Pratt obtained her BA in political science from Memorial University, and her LLB from the University of NewBrunswick. She was called to the Ontario bar in 1999. JEANNE PRATT Senior Deputy Commissioner Competition, of Mergers Branch Competition Canada of Government Bureau Jeanne Pratt was appointed to the position of senior deputy commissioner of the Mergers Branch of the Government of 2015. January 16, effective Bureau Competition Canada’s Ms. Pratt first joined the Bureau in 2009 as special provided Commissioner the she where to advisor legal strategic input on a range of issues, including the conduct of litigation. she was appointed In 2011, to the position of Criminal the of Division B, deputy commissioner, assistant MattersBranch. She most recently served in the position of Criminalassociate Matters deputy commissioner, Branch. She has beenvalued a member of the Bureau’s from benefit to Bureau the enabling team, management Commissionerdistinctionwith graduated Ohlhausen fromGeorge Mason UniversitySchool ofLaw in 1991 andgraduated with honors from the University of 1984. Virginia in Prior to joining the Commission, Commissioner Commission, the Commissioner joining Prior to Ohlhausenwas partnera at Wilkinson Barker Knauer where she focused LLP, on FTC issues, including cybersecurity. and protection, data privacy, the served at previously Commissioner Ohlhausen Commissionfor eleven years, most recently as director of the Office of Policy Planning from 2004 to 2008, where she led the FTC’s Internet AccessForce. Task 1998 office.From that deputy directoralsoof was She to 2001, Commissioner Ohlhausen was an attorney advisor for former FTC Commissioner Orson Swindle. She started at the FTC General Counsel’s Office1997. in Before coming to the FTC, Commissioner Ohlhausen DC the AppealsCourt for of US the at years five spent Circuit, serving as a law clerk for the Honorable David B.Sentelle and as staffa attorney. Commissioner Ohlhausen also clerked for the Honorable Robert Yock of the US Court of Federal Claims from to 1991 1992. MAUREEN K. OHLHAUSEN Commissioner Commission Federal Trade MaureenK. Ohlhausen was sworn in as Commissionera of the Federal Commission Trade on April to 4, 2012, a term that expires in September 2018. SPEAKER BIOS SPEAKER from 2005 to 2007. In addition to his government service, O’Brien Mr. has been a visiting professor of economics at theKelley School of Business at Indiana University and from to 2015 2014 an assistant professor of economics at the University of Michigan from 1989 to 1992. O’BrienMr. earned his PhD and MA in economics from economics in from BA Northwestern his and University College. Carleton for Antitrust in the Bureau of Economics from 2000 to 2002.He was alsothe chief ofthe Economic Regulatory Section, Antitrust Division, of the US Department of Justice Daniel O’Brien is senior economic advisor in the Applied Trade Federal the of Division Outreach and Research Commission. He has served in this position since 2007. include microeconomics, His fieldsinterest of industrial and theory, game regulation, antitrust, organization, econometrics. applied O’BrienMr. also served the FTC as the deputy director DANIEL P. O’BRIEN DANIEL P. Advisor Economic Senior Commission Trade Federal SPEAKER BIOS 15 . , and CPI Antitrust Antitrust Law Journal , Office of Strategic Planning and Economic Analysis, with Analysis, Economic and Planning Strategic of Office the Puerto Rico Industrial Development Company in San Juan, Puerto Rico from 2009 to 2011. has been Tsai a vice-chairDr. of the Economics Committee of the American Bar Association’s Section of Antitrust Lawsince She 2012. frequently speaks at academic and industry conferences and has written articles for Antitrust Magazine She earned her PhDand MA in economics from Cornell economics University in the from BA her and University California, Irvine.of JOANNA TSAI Vice President Charles River Associates Joanna vice Tsai, president at Charles River Associates, has extensive experiencein the economics ofantitrust liability, damages, mergers, and class certification. was economic Tsai Dr. to 2015, advisor From2013 to Commissioner Joshua Wright D. at the Federal Trade Commissioneradvised and Wright Commission (FTC) property intellectual and competition of range broad a on issues. has more Tsai thanDr. ten years of experience in antitrust, regulatory and property, intellectual protection, consumer mattersin varietya of industries and has held positions inboth private practice and in government. She was a principal with CRA and was to 2013 director, from 2011 . He is a 1974 . He is a 1974 office where he practicedEuropean Community and international competition began Tritell Mr. his law. career at the FTC, serving as a staff attorney in the Bureau ofConsumer Protection assistant (1978-81), to the director of the Bureau ofConsumer Protection (1981- attorney 83), advisor to CommissionerTerry Calvani (1983-85), and executive assistant to the Chairman (1985-86). obtained Tritell Mr. his law degree fromin 1977 the University of Pennsylvania Law School, where he was an editor Review Law of the Pennsylvania PhiBeta Kappa graduate of the State University of New at StonyYork Brook. RANDOLPH TRITELL W. Director, Office of International Affairs Commission Trade Federal Randolphis Tritell the director of the Federal Trade Tritell Commission’s InternationalOffice of Affairs. Mr. isresponsible forcoordinating the FTC’sinternational antitrust, consumer protection, technical and assistance policiesand the FTC’s involvement in cases that raise international issues. He represents the FTC in fora includingmultilateral International the Competition Network,in which he co-chairs the Unilateral Conduct WorkingGroup, and the OECDCompetition Committee. Prior to joining the FTC in 1998, was Tritell a partner Mr. with the New York-based law firm ofWeil, Gotshal & Manges FollowingLLP. six years in the firm’s New York office, in1992 he opened the firm’s Brussels , book series Notre Dame , and Dame Notre NorthwesternLaw Review , among others.He is also co-editor ofthe Michigan Law Review Michigan Law Global Competition Law and Economics and Law Competition Global Press. University Stanford from comparative business law, and regulation, and law law regulation, and and comparative business law, published has Sokol Professor entrepreneurship. and a number of books with Oxford University Press and Stanford University articles Press and journals in such asthe Southern California Law Review Review Law technical provided He has assistance capacity and antitrust agencies to building utilities and regulators from around the world. He also serves as a non-governmental Network. Competition International the to advisor Professor Sokol earned his LLM from the University of Wisconsin,his JD from The University ofChicago Law School, his MSt from Oxford, and his BA from Amherst College. D. DANIELD. SOKOL of Law Levin College Professor of Law, University of Florida Daniel Sokol is professor of law at the University of Florida’s Levin College where of Law, he teaches antitrust,compliance, corporate, international and

. Previously, he SPEAKER BIOS SPEAKER was a managing director in Cambridge LECG’s office. SalingerDr. holds a PhD in economics from the MassachusettsInstitute of Technology and BAa in University. economics Yale from Consumer Commission. He has published articles on such issues as the structural determinants of market the power, statistical properties of firm growth, and the competitive effectsof tying and vertical mergers, and has served on the editorial boards of the Review of Industrial Organization and the Journal Industrial Economics of the Federal Commission, Trade the Board of Governors of the Federal Reserve, and the Australian Competition and Dr. MichaelDr. A. Salinger is senior academic advisor atCharles River Associates and is the Jacqueline J. Arthurand Management and Professor of Bahr S. School University Boston the economics at of professor ofManagement. From 2005 he was director to 2007, of the Bureau of Economics at the Federal Commission. Trade He has consulted for private organizations and a variety ofworldwide government agencies, includingthe EPA, MICHAEL A. SALINGER Senior Academic Advisor Charles River Associates SPEAKER BIOS 17 , , and . AmericanEconomic . A fellow A . of the Econometric Society, he has andthe Journal Industrial Economics of Can Privatization Deliver?: Infrastructure Deliver?: Latin for Privatization Can for economics, and 1989 has to 1991, been a member of policy task forces under the aegis of the Governor of NewJersey, the Defense Science Board, and the National ResearchCouncil. He works with the Inter-American Development Bank and the World Bank on issues of has He policy. competition and privatization infrastructure written numerous articles including “Consumer’s Surplus without Apology,” “Free Entry and the Sustainability of NaturalMonopoly,” and “Merger Analysis, IO Theory, Merger Guidelines.” and He earned his PhD in economics from Stanford University, his MS in operations research at Stanford, and his AB from Harvard. Professor Willig served in the Antitrust Division of the US Departmentof Justice as deputy assistant attorney general ROBERT WILLIG D. Professorof Economics and Public Affairs, Woodrow Wilson School of Public & International Affairs Princeton University formerA supervisor of economics research at Bell Welfare of coauthor the is Willig Professor Laboratories, Analysis of Policies Affecting Prices and Products ContestableMarkets andthe Theory of Industry Structure and coeditor of Handbook The Industrial of Organization and America servedon the editorial boards of the Review magna ’s “Litigator ’s American Lawyer ). ), Mr. Wick Mr. ), clerked for the Honorable Stephen summa cum laude cum summa in over seventy class actions andstate attorney general actionsasserting variety a of antitrust, unfairand deceptive practices, RICO, ERISA, FDCPA, FCRA, TILA, False Act, commonClaims and claims. law ( School Law Harvard from graduation Following cum laude Reinhardt on the US Court of Appeals for the Ninth Circuit. WickMr. also earned his AB from Dartmouth College ( ROBERT WICK D. Partner Covington & Burling LLP Robert Wick is partner a in Covington & Burling’s Washington, DC office. He represents corporations and financial institutions in antitrust cases and class actions. He has obtained favorable results for his clients in courts across the country, includingnotable successes multi-billion in mattersdollar and a $50 million recovery that he obtained for a corporate plaintiff. He hasbeen named of theWeek” three times for his success in defeating high stakes antitrust claims prior to trial. He has served as lead counsel for financial institutions and corporations competitive effects in auction markets and has written highly regarded papers on the subject. Asvisitinga partner at E.CA Economics in Berlin, Waehrer Germany,Dr. also worked on numbera of significant matters before Europe. in authorities competition the EC and numerous national Prior to joining Bates White, Waehrer Dr. was a research economistwith the Antitrust Division of the US Department of Justice, where he provided economic analysis in and investigations merger connectionnumerous with also Waehrer civil criminal and antitrust matters. Dr. served as an economist with the Bureau of Labor Statistics, Economist Insight, and the Bonneville Power academic His Administration. career includes teaching postsat the University of Maryland, Georgetown University, and University, Brigham Young University, Hopkins Johns University. Rutgers He earned his PhD and MA in economics from Rutgers University and his BA in economics from Trinity College. KEITH WAEHRER KEITH Partner Bates White Economic Consulting monopolization mergers, in specializes Waehrer Keith claims,and calculations of reasonable royalties and antitrust damages. He has served as a testifying expert, submitted expert reports, and testified atat trial. Waehrerdeposition Dr. is also an expert in the analysisof and , and he participated he and , in ). FTC v. ArchFTC v. Coal and CCC/ FTC v. ) and) the settlementof a leading gunjumping SPEAKER BIOS SPEAKER US v. GemstarUS v. enforcement issues. enforcement opinion in North Carolina Dental the Horizontal 2010 Merger Guidelines revision project as well as the development Accountable of the 2011 statement. enforcement (ACO) Organizations Care government Tucker’s Mr. experience enables him to regulatory clients regarding to insights valuable provide Commissioners Joshua Wright D. and J. Thomas Rosch atthe FTC.He advised the commissioners on merger non-mergerand recommendations, policy enforcement matters, and litigation and appellate strategy. He was also the principal author of the commission’s liability prominentmerger cases, including two trialsagainst the government ( agencies.helped clearance obtain has He more for than 100 mergers or acquisitions, with deal values up billion.to $15 many roles in key additionally played Tucker Mr. Mitchell case ( Darren focuses Tucker on the application of antitrust laws to the technology and pharmaceutical sectors. With more than fifteen years experience, non-merger and merger investigations in clients Mr. Tucker counsels the (FTC), Commission Trade Federal the before US Department of Justice, and foreign competition DARREN S. TUCKER Partner Morgan Lewis & Bockius LLP Mr. Tucker previously Tucker Mr. served as an attorney advisor to LEC CONTACT INFO 19 TODD ZYWICKI J. George Mason University Foundation Professor of Law DirectorExecutive 703.993.9484Phone: [email protected] BUTLER PAIGE V. Deputy Director 703.993.8132 Phone: [email protected] JEFFREY SMITH T. Coordinator, Henry G. Manne Program 703.993.8382 Phone: Cell: 703.819.4595 [email protected] AMANDA OLSAVSKY HU Program Assistant, Henry G. Manne Program 703.993.9962Phone: Cell: 443.504.7676 [email protected] LEC CONTACT INFO CONTACT LEC CENTER & ECONOMICS LAW LAW OF SCHOOL UNIVERSITY MASON GEORGE 3301 Fairfax Drive Arlington, 22201 VA 703.993.8040Phone: [email protected] www.MasonLEC.org STUDIES & ECONOMICS IN LAW G. MANNE PROGRAM HENRY [email protected] www.MasonManne.org representing parties before the US Department of Justice (DOJ), the Federal Commission Trade and (FTC), the State Attorneys General onthe antitrust aspects of M&A, distribution property intellectual and ventures, joint conduct. competitive other arrangements, and has acted Yde as lead Mr. counselon numerous complex matters ina variety ofindustries, including a continuous docket of merger and conduct investigations at both the DOJ and FTC. He has litigated antitrust cases before administrative courts federal state in and and federal proceedings. Before joining Freshfields,Yde Mr. was a partner at a largeUS law firm where he was co-chair of the antitrust practicegroup. Before this he held positions in government antitrustenforcement, serving as counsel to two Federal Commissioners Trade and as litigationa attorney in the FTC’s Bureau of Competition. received Yde hisMr. JD from The University of Kansas School of his Law, MA in economics from The University of Kansas, and his BS in economics from the University of Wisconsin. He is admitted to practice in the District of Columbia and the State of Ohio. PAUL L. YDE PAUL Partner Freshfields Bruckhaus Deringer LLP US group, Antitrust partner a Freshfields’ is in Yde Paul basedin Washington, DC. His practice primarily involves Antitrust Antitrust and seniora editor of the

SPEAKER BIOS SPEAKER from UCLA in 2003, and graduated with honors from theUniversity of California, San Diego in 1998. He is a member of the California Bar. Professor Wright previously served the Commission in Competition Scholar-in- inaugural of its Bureau the as Residencefrom 2007 to 2008, where he focused on competition mattersenforcement and policy. Professor Wright received his JD from the University of California, LosAngeles in 2002, his PhDin economics several book volumes focusing on these issues. Professor Wright also served as co-editor of the Court Supreme EconomicReview Journal. Law Trade Commission Trade from January to August 2013 2015. scholar antitrust leading law, in a is Professor Wright protection. consumer and property, economics, intellectual He has published more than seventy articles and book chapters, co-authored a leading casebook, and edited Joshua Wright D. is a professor of law and executive director of the Global Antitrust Institute at George Mason University School of Law and holds a courtesy appointmentin the department of economics. Professor Federal the commissioner served of as previously Wright JOSHUA D. WRIGHTJOSHUA D. ProfessorofLaw and Executive Director,Global Antitrust Institute George Mason University School of Law UPCOMING SCHEDULE UPCOMING NOTES UPCOMING SCHEDULE

PROGRAM ON ECONOMICS AND PRIVACY SCHOLARS’ CONFERENCE ON THE ECONOMICS OF PRIVACY Friday, April 29, 2016 George Mason University School of Law

LEC WORKSHOP FOR LAW PROFESSORS ON EMPIRICAL METHODS Monday, May 16 – Friday, May 20, 2016 George Mason University School of Law

LEC WORKSHOP ON CONSUMER PROTECTION LAW & ECONOMICS FOR ECONOMISTS Tuesday, June 21, 2016 George Mason University School of Law

PROGRAM ON ECONOMICS AND PRIVACY PUBLIC POLICY CONFERENCE ON THE ECONOMICS OF PRIVACY AND DATA SECURITY Wednesday, June 22, 2016 George Mason University School of Law

THIRTY-SECOND ECONOMICS INSTITUTE FOR LAW PROFESSORS Sunday, July 10 – Friday, July 22, 2016 The Omni Homestead Resort, Hot Springs, VA

LEC RESEARCH ROUNDTABLE ON SOLVING THE PUBLIC PENSION CRISIS Thursday, September 29 – Friday, September 30, 2016 George Mason University School of Law

LEC PUBLIC POLICY CONFERENCE ON SOLVING THE PUBLIC PENSION CRISIS Thursday, December 1 – Friday, December 2, 2016 George Mason University School of Law 3301 FAIRFAX DRIVE, ARLINGTON, VIRGINIA 22201 | 703.993.8040 | www.MasonLEC.org