DOCSLIB.ORG

Fordham Competition Law Institute CLE Conference Day 1 Materials

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Fordham Competition Law Institute CLE Conference Day 1 Materials Fordham Competition Law Institute CLE Conference Day 1 Materials Antitrust Economics Workshop September 11, 2019 9:10 a.m.–4:25 p.m. 46th Annual Conference on International Antitrust Law & Policy September 12–13, 2019 Day 1: 9:15 a.m.–4:40 p.m. Day 2: 9 a.m.–1:50 p.m. Fordham Law School Skadden Conference Center | 150 West 62nd Street New York City Fordham Competition Law Institute Conference on International Antitrust Law and Policy Day 1 Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Keynote Remarks Supporting documents Pound, Jesse. CNBC. ‘A couple of Dozen’ states are Panel 3: Private Litigation Around the World considering an antitrust probe of Big Tech, says DOJ Official. (view on web) Skadden, Arps, Slate, Meagher & Flom LLP. Collective Actions in Europe. (view in document) Panel 1: Big Tech and Antitrust: What Lies Ahead Global Legal Group, et al.. The International Comparative Hausfeld, Michael; Scher, Irving; Spero, Michaela. Legal Guide to: Competition Litigation 2019. 11th Edition. Applying Amex: When Two-Sided Platforms Become One (view in document) Market. (view in document) Skadden, Arps, Slate, Meagher & Flom LLP. Merrick v. Keyte, James. Why The Atlantic Divide on Mastercard: UK Class Actions Back Under the Spotlight. Monopoly/Dominance Law and Enforcement Is So Difficult (view in document) to Bridge. (view in document) Skadden, Arps, Slate, Meagher & Flom LLP. New Era of Panel 2: Industrial Policy and Antitrust Collective Actions in Europe. (view in document) Smith, Noah. Bloomberg Opinion Economics. Should Government “Pick Winners”? It’s Worked Before. (view on web) Rima Alaily contracts. During his career in private and public Deputy GC of Competition, Microsoft practice, Jeffrey has been involved in legal Rima Alaily leads the Competition Law Group disputes concerning a wide range of issues in responsible for helping the company comply with federal, state, administrative, and arbitral the competition laws around the world, close forums, each contributing to his proficiency in mergers and acquisitions, and respond to new substantive areas of the law and diverse investigations. The team engages with regulators, business sectors. academics, and others to consider the role of Prior to joining Winston, Jeffrey worked at competition law in the face of our changing another international law firm. Previous to that, economy and the development of new he served as law clerk to the Honorable Arthur technology. Rima is a long-standing advocate for D. Spatt, U.S. District Judge for the Eastern civil legal aid and works with local and national District of New York. Before his clerkship, organizations to provide access to justice for Jeffrey was an attorney with the U.S. those in need. Prior to joining Microsoft, Rima Department of Homeland Security, where he was a litigation partner at Heller Ehrman prosecuted numerous civil enforcement actions LLP. Rima received her B.A. from Brown against individuals, air carriers, shippers, and University in 1994, and her J.D. from Harvard other regulated entities. During his tenure at Law School in 1998. U.S. Department of Homeland Security, he received an interim appointment as Special James Aitken Assistant to the Chief Counsel of the Partner, Freshfields Bruckhaus Deringer, Transportation Security Administration. LLP Immediately following his graduation from law James Aitken is a partner in Freshfields’ school, Jeffrey was an Honors Attorney with the antitrust, competition and trade group working Office of the General Counsel of the U.S. from the firm’s London and Brussels offices. Department of Transportation. He has advised clients on behavioural antitrust investigations, and on obtaining merger Dr. Pinar Bagci clearances, before the European Commission, Principal, The Brattle Group Competition and Markets Authority and other Dr. Pinar Bagci has 20 years of experience competition authorities in Europe and advising on the economics of competition, worldwide. James also regularly advises on regulation and damages assessment. She has contentious antitrust litigation in the European provided economic analysis for clients and UK Courts. He has particular expertise in throughout in-depth competition and regulatory the technology and financial services sectors as investigations and in commercial litigation and well as advising regulated companies in the international arbitrations. infrastructure, energy and telecommunications Dr. Bagci has advised Europe’s leading financial sectors. institutions and energy, mining, telecommunications and electronics companies Jeffrey Amato throughout in-depth merger, cartel, dominance, Partner, Winston & Strawn LLP State Aid and market investigations by the Jeffrey Amato handles complex multi-forum European Commission and national regulatory disputes, principally in the areas of international authorities. She has submitted expert economic cartel litigation, class actions, arbitration and analysis and testimony in international government investigations. Jeffrey also has arbitration and litigation proceedings brought experience in white collar criminal defense, before European courts and the European Court including representing defendants in federal and of Justice. state courts at the trial, appellate, and post- In litigation matters, Dr. Bagci has prepared conviction levels. His experience includes expert economist testimony for national courts counseling clients with respect to navigating and international arbitration tribunals in relation compliance with statutory, regulatory, and to liability and the estimation of damages in the ethical obligations relating to government financial, energy, consumer electronics, and mining sectors. She is currently advising a headquarters. His role involves leadership of a leading investment bank throughout an EC large cross-functional (Policy, Legal, investigation of alleged collusion to manipulate Economists, Product, Eng, Comms) and forex benchmarks. She recently provided international in-house and external teams. He is economic analysis on competition issues in one responsible for strategic decision-making and of the largest damages claims brought before an negotiations, working with General Counsel and international tribunal concerning vertical other SVP level executives, and CEO. Prior to restraints and abuse of dominance in gas supply this he worked in private practice at Cleary and transit contracts. Gottlieb Steen & Hamilton in Brussels before moving to Google’s in-house team in London in David Bamberger 2008. His experience to-date includes leadership Partner, DLA Piper of large cross-functional teams in a range of David Bamberger has been litigating for more high-profile international investigations and than 35 years in federal and state courts around high-level advocacy and negotiation with the country, as well as before arbitration panels. regulatory agencies around the world. He is a 14 He devotes a substantial portion of his practice year qualified barrister with a range of European to litigating complex antitrust and trade and US advisory and management experience. regulation matters, including class action cases. Oliver is a graduate of Oxford University and David has tried scores of cases, many of them BPP Law School and a member of the Bar of jury trials, and has argued appeals in many England and Wales. appellate courts, including the Supreme Court of the United States. In addition to maintaining an Michael S. Burkhardt active litigation practice, David also regularly Partner, Morgan Lewis counsels clients in a variety of industries on Michael S. Burkhardt represents employers in a antitrust and trade regulation matters. wide range of labor and employment disputes, The respected research publication Legal 500 including employment discrimination class United States recommended David in its 2014 actions, systemic discrimination investigations, edition and called him "practical, timely and and multiplaintiff litigation. He handles FLSA accurate." Its 2012 edition called him and state wage and hour actions, as well single- "excellent," and its 2011 edition described him plaintiff disability, sex, age, and race as "vastly experienced" and noted that a client discrimination claims. He also represents clients commented that he is "one of the most in whistleblower and wrongful discharge claims. knowledgeable attorneys in the country; very Michael has experience in all areas of accessible and mindful never to churn a file." In employment litigation and counseling, 2018, he was named a BTI Client Service All- particularly EEOC systemic investigations, class Star by BTI Consulting, which noted that he was action litigation, noncompetition litigation; and selected for his "exceptional legal expertise with compensation, promotion, and hiring analyses. practical advice, business savvy and innovative, effective solutions." Only 326 lawyers in the Dr. Alexandre Carbonnel US received this honor in 2018. Senior Consultant, NERA Economic David is also listed in The Best Lawyers in Consulting (Paris) America 2018 and is named a 2018 Washington, Dr. Alexandre Carbonnel co-leads the Antitrust DC Super Lawyer in the area of Antitrust and Competition team in Paris. Dr. Carbonnel Litigation, and he has been named among the has years of experience analyzing economic "Noted Practitioners" in Chambers USA in the issues related to competition and regulatory area of litigation for Washington, DC. investigations by the European Commission and national competition authorities in France and
Load more

Recommended publications
  • Agenda for FTC Hearing #3: Competition and Consumer
    Monday, October 15, 2018 9:00-9:05 am Welcome and Introductory Remarks Henry N. Butler George Mason University Antonin Scalia Law School 9:05-9:20 am Welcome and Introductory Remarks Rohit Chopra, Commissioner Federal Trade Commission 9:20-9:50 am The Economics of Multi-Sided Platforms David S. Evans Global Economics Group 9:50-10:10 am Network Effects in Multi-Sided Platforms Catherine Tucker Massachusetts Institute of Technology Sloan School of Management 10:10-10:20 am Break 10:20-12:20 pm The Current Economic Understanding of Multi-Sided Platforms Participants: David S. Evans Katja Seim Global Economics Group University of Pennsylvania Wharton School Joseph Farrell University of California, Berkeley Howard Shelanski Department of Economics Georgetown University Law Center Davis Polk & Wardwell LLP Marc S. Rysman Boston University Catherine Tucker Department of Economics Massachusetts Institute of Technology Sloan School of Management Michael A. Salinger Boston University Questrom School of Business Moderator: John M. Yun George Mason University Antonin Scalia Law School 12:20-1:30 pm Lunch Break 2 | Page 1:30-3:00 pm Multi-Sided Platforms in Action Participants: Elizabeth J. Altman Steven Tadelis University of Massachusetts Lowell University of California, Berkeley Manning School of Business Haas School of Business Scott Kupor Ben Thompson Andreessen Horowitz Stratechery, LLC Roger McNamee Elevation Partners Moderator: Jan Rybnicek George Mason University Antonin Scalia Law School Freshfields Bruckhaus Deringer LLP 3:00-3:15 pm Break 3:15-5:00 pm Defining Relevant Markets and Establishing Market Power in Cases Involving Multi-Sided Platforms Participants: Tasneem Chipty Michael A.
    [Show full text]
  • Embargoed Until Delivered TESTIMONY of HOWARD
    Embargoed Until Delivered EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON HEALTH CARE, BENEFITS AND ADMINISTRATIVE RULES AND THE SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 3, 2015 Chairman Jordan, Ranking Member Cartwright, Chairman Meadows, Ranking Member Connolly and members of the Subcommittees: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the activities and priorities of the Office of Information and Regulatory Affairs (OIRA). As the Administrator of OIRA, it is my privilege to work with the skilled and dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget, and our excellent colleagues throughout the Government. We are all working to continue our Nation’s economic recovery and employment growth while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio that ranges from coordination of Government-wide information and statistical policy to review of Executive Branch regulations to international regulatory cooperation. For example, under the Paperwork Reduction Act, OIRA is responsible for reviewing collections of information by the Federal Government to ensure that they are not unnecessarily burdensome. OIRA also develops and oversees the implementation of Government-wide statistical standards and policies, facilitates efficient and effective data sharing, and provides guidance on privacy and confidentiality policy to Federal agencies.
    [Show full text]
  • Law and Professor of Law
    March 17, 2017 The Honorable Charles E. Grassley, Chairman Committee on the Judiciary United States Senate 224 Dirksen Senate Office Building Washington, D.C. 20510 The Honorable Dianne Feinstein, Ranking Member Committee on the Judiciary United States Senate 331 Hart Senate Office Building Washington, D.C. 20510 Dear Chairman Grassley and Ranking Member Feinstein: We are a group of law professors and legal scholars who write to urge the Senate to confirm Judge Neil M. Gorsuch as the next Associate Justice of the Supreme Court of the United States. We are a diverse group of scholars with a wide range of backgrounds, and we hold both liberal and conservative political views. We are united, however, in the belief that Judge Gorsuch will bring the highest judicial standards to the Court. Although we may not agree with each decision or vote he will cast, we all agree that Judge Gorsuch is eminently qualified to serve on the Court and that his jurisprudence is within the mainstream of contemporary legal thought. Taken together, these traits should ensure his confirmation. Judge Gorsuch’s credentials are first-rate. He holds an undergraduate degree from Columbia University, a law degree from Harvard University, and a doctorate in legal philosophy from Oxford University. His career has covered nearly every facet of the law. After law school, Judge Gorsuch served as a law clerk to Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit and Justices Byron White and Anthony Kennedy of the Supreme Court. For ten years, he worked at the firm Kellogg, Huber, Hansen, Todd, Evans & Figel as both a trial and appellate lawyer, ultimately becoming a partner there.
    [Show full text]
  • 1 STATEMENT of HOWARD SHELANSKI Nominee to Serve As
    STATEMENT OF HOWARD SHELANSKI Nominee to Serve As Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget UNITED STATES SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENT AFFAIRS June 12, 2013 Thank you Chairman Carper, Ranking Member Coburn, and Members of the Committee for welcoming me today. It is an honor to be considered by this committee as the President’s nominee to be Administrator of the Office of Information and Regulatory Affairs. I would like to start off this morning by thanking my family for their support in taking on this challenge. I am glad to have Nicole Soulanille, our son Isaac Shelanski, and my parents Vivien and Michael Shelanski here with me today. I also want to thank the Members of the Committee and their staffs for meeting with me over the last few weeks. I appreciate the time many of you took from your busy schedules and thank you for sharing your insights and views as I prepared for this hearing. For those of you I have not yet had the opportunity to meet, I look forward to doing so in the future. If confirmed, I look forward to working with you and maintaining open communications. I would welcome your perspectives on the matters with which OIRA is concerned. The Office of Information and Regulatory Affairs, often referred to as OIRA, plays an essential role in developing and overseeing the implementation of Government-wide policies on regulation, information collection, information quality and technology, statistical standards, scientific evidence, and privacy. I am humbled by my nomination to lead such an important organization.
    [Show full text]
  • ICN Unilateral Conduct Working Group
    1 ICN Unilateral Conduct Working Group TELESEMINAR ON REMEDIES IN UNILATERAL CONDUCT CASES 11 MARCH 2010 Introductory Remarks by Operator 2 y Welcome by Operator y Panelists and Participants please note: { Audience will be muted during most parts of the teleseminar call („Audience Call“) { Audience will be be unmuted during Q&A { Teleseminar will be recorded y Operator will then turn over to UCWG Co-host Markus Lange (Bundeskartellamt, Germany) Welcome by UCWG Co-Chair Markus Lange 3 y ICN teleseminars have proven to be effective instruments to provide a forum for the sharing of experience and the fostering of consensus. y Today’s seminar is the second teleseminar held by the ICN Unilateral Conduct Working Group. The first seminar on Excessive Pricing was very well received and more than 150 participants joined. A recording is posted on the ICN website. y This seminar aims to promote the understanding of remedies in unilateral conduct cases. y The slides prepared will lead you through the seminar. They can be downloaded from the ICN website. Those of you that have registered in advance can also follow along by going on the link provided to you along with the confirmation. y The agenda for today’s teleseminar is as follows: Teleseminar Agenda 4 y I. Introduction by co-host Randy Tritell (U.S. Federal Trade Commission) y II. Presentation of Principles and Issues to Consider in Crafting Remedies by Howard Shelanski (U.S. Federal Trade Commission) y III. Panel Discussion of Hypothetical 1 y IV. Q & A with Audience regarding Hypothetical 1 y V.
    [Show full text]
  • 2016-03-15 Howard Shelanski OMB Testimony
    EMBARGOED UNTIL DELIVERED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 15, 2016 Chairman Meadows, Ranking Member Connolly, and members of the Subcommittee: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the role that the Office of Information and Regulatory Affairs (OIRA) plays in the transparency and accountability of the federal regulatory process. As the Administrator of OIRA, it is my privilege to work with the dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget (OMB), and our excellent colleagues throughout the Government. We are all working to promote economic growth and job creation while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio, but the largest area of OIRA’s work is the review of regulations promulgated by Executive Branch departments and agencies. A set of Executive Orders (E.O.s)—most significantly E.O. 12866 and E.O. 13563—provides the principles and procedures for OIRA’s regulatory reviews. Regulatory process in the United States is premised to an unrivaled degree on two principles: transparency and accountability. One of my priorities as OIRA Administrator has been to increase the transparency of the regulatory process by improving notice and predictability for the 1 public.
    [Show full text]
  • Antitrust Enforcement, Regulation, and Digital Platforms
    ARTICLE ANTITRUST ENFORCEMENT, REGULATION, AND DIGITAL PLATFORMS WILLIAM P. ROGERSON† & HOWARD SHELANSKI†† INTRODUCTION ........................................................................... 1912 I. GOING BEYOND ADJUDICATION FOR ANTITRUST ENFORCEMENT ...................................................................... 1917 A. Case-by-Case, Fact-Specific Approach ........................................... 1917 B. Slow, Usually Predictable Doctrinal Development ........................... 1918 C. Market-Driven Case Selection .................................................... 1919 D. Generalists versus Industry Experts ............................................. 1920 E. Tradeoffs Inherent in the Adjudicatory Approach to Antitrust ........... 1921 F. A Regulatory Alternative ........................................................... 1924 II. LIGHT HANDED PRO-COMPETITIVE (LHPC) REGULATION .... 1924 A. Introduction ............................................................................. 1924 B. Potential Types of Regulation ...................................................... 1927 1. Interconnection/Interoperability Requirements and Common Standards .......................................................... 1927 2. Limits on Discrimination ................................................. 1930 3. Data Portability ............................................................... 1933 4. Line-of-Business Restrictions ........................................... 1934 5. Additional Restrictions on Business Practices Currently †
    [Show full text]
  • Testimony (PDF)
    EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON ENERGY POLICY HEALTHCARE AND ENTITLEMENTS UNITED STATES HOUSE OF REPRESENTATIVES July 18, 2013 Thank you for the opportunity to appear before you today. I was recently confirmed as the Administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB), and I am honored to be serving in this role. I look forward to speaking with you about the social cost of carbon. When I refer to the “social cost of carbon” (SCC) I mean the values used to calculate the monetary costs and benefits of incremental changes in the volume of carbon emissions in a given year. The social cost of carbon includes, for example, changes in net agricultural productivity and human health, property damage from increased flood risk, energy system costs, and the value of ecosystem services lost because of climate change. Executive Orders 12866 and 13563 direct agencies to use the best available scientific, technical, economic, and other information to quantify the costs and benefits of rules. Rigorous evaluation of costs and benefits has been a core tenet of the rulemaking process for decades through Republican and Democratic Administrations. This fundamental principle of using the best available information underpins the Administration’s efforts to develop and update its estimates of the social cost of carbon.
    [Show full text]
  • Tim Berners-Lee Berners-Lee Invented the World Wide Web. He Is
    Tim Berners-Lee Berners-Lee invented the World Wide Web. He is the Director of the World Wide Web Consortium and the 3Com Founders Professor of Engineering in the School of Engineering at the Massachusetts Institute of Technology. He holds a joint appointment with the MIT Department of Electrical Engineering and Computer Science at the Laboratory for Computer Science and Artificial Intelligence. Vinton G. Cerf Cerf is recognized as one of the fathers of the Internet. He is currently vice president and Chief Internet Evangelist for Google. His honorary degrees and awards include the National Medal of Technology, the Turing Award, the Presidential Medal of Freedom, and membership in the National Academy of Engineering. KC Claffy Claffy is Director of the Center for Applied Internet Data Analysis (CAIDA) based at the San Diego Supercomputer Center of the University of California, San Diego. She founded CAIDA in 1996 and leads its research in Internet data collection, analysis, and visualization, and in enabling others to make use of the data and results. Dr. Claffy received the IEEE Internet Award in 2014 for her “seminal contributions to the field of Internet measurement, including security and network data analysis, and for distinguished leadership in and service to the Internet community by providing open-access data and tools.” Paul de Sa de Sa is a Senior Analyst at Bernstein Research. Prior to joining Bernstein, he worked at the FCC, serving as Chief of the Office of Strategic Planning and Policy Analysis and working on a wide variety of issues before the commission such as broadband and spectrum policy.
    [Show full text]
  • Cary Coglianese, University of Pennsylvania
    Penn Program on Regulation Cary Coglianese, Director Edward B. Shils Professor ofLaw and Professor ofPolitical Science September 22, 2013 The Hon. Howard Shelanski Administrator, Office ofInformation and Regulatory Affairs The Office ofManagement and Budget 725 17th Street, NW Washington, DC 20503 Dear Administrator Shelanski, This letter, with enclosures, responds to your request for my review ofthe Draft 2013 Report to Congress on the Benefits and Costs ofFederal Regulations ("Draft Report") available on the OMB website. You asked for comments on the "format and substance" ofthe Draft Report - and you specifically sought my thoughts on the following four recommendations as stated in your August 9th email: (a) retrospective analysis should become a routine part of agency rulemaking, and formal mechanisms should be maintained to reevaluate rules that may be unjustified, excessive, insufficient, or unduly complex; (b) agencies should communicate with the public in a way that is clear, simple, meaningful, and jargon-free; (c) objective, evidence-based assessment of costs and benefits should be used as an integral part ofthe regulatory decision-making process; and (d) agencies should align their priorities across all levels of internal hierarchy. I certainly endorse the first three ofthese recommendations. In various ways they comport with suggestions I have separately urged for some years in my own writing. For example, as the Draft Report notes (p. 9), recommendations (a) and (c) are integrally connected with each other. In a 2005 co-authored paper, published as part ofa National Research Council report, I wrote that retrospective "evaluation research provides valuable information for policy decision making," further observing that: The staff and political officials in state and federal regulatory agencies, legislatures, and other oversight bodies (such as the Office of Management and Budget) need to design and implement policies that work to achieve their goals.
    [Show full text]
  • Will Today's Politics Upend Sound Regulation?
    WILL TODAY’S POLITICS UPEND SOUND REGULATION? BY HOWARD SHELANSKI Americans demand regulatory safeguards but also want limits on government intervention. We take for granted that our tap water is drinkable, that our air is breathable, that the products we buy will perform as advertised, and that our work and living places are safe. Hard experience shows that completely unregulated markets do not reliably or consistently deliver those things. But experience also teaches that regulation is not the answer to every problem and can have harmful consequences. In these circumstances, those who argue either that American society does not need regulation of any kind or that government should impose a rule to address every problem have deservedly not gained much traction in actual policy making. Instead, regulation has resulted from a more pragmatic process through which government agencies use available knowledge, evidence, and models to develop workable solutions to real problems. Agencies carry out this work within a legal framework that requires them to stay within the scope of their statutory authority, to give the public notice of rulemakings, to afford the public an opportunity to comment on proposed rules, and to justify final rules with a written record subject to judicial review. Even before executive agencies can publish significant proposed and final regulations, those rules are subject to review by the White House Office of Information and Regulatory Affairs (OIRA). Because of such procedural constraints, rulemaking in practice involves incremental analysis of tradeoffs among different things society wants, not one-sided focus on only costs or only benefits; regulations result from detailed explanation and balancing of competing effects, not from overwrought, partisan conjectures.
    [Show full text]
  • THE DIGITAL BROADBAND MIGRATION: Examining the Internet’S Ecosystem
    THE DIGITAL BROADBAND MIGRATION: Examining the Internet’s Ecosystem presented by The Journal on Telecommunications and High Technology Law and The Silicon Flatirons Center JANUARY 31, 2010 - FEBRUARY 1, 2010 University of Colorado at Boulder Sunday, January 31, 2010 Welcome 8:45am - 9:00am Dale Hatfield, Executive Director, Silicon Flatirons Center, Adjunct Professor, University of Colorado Former Chief Engineer, Federal Communications Commission Overview Address 9:00am - 9:30am Phil Weiser, Deputy Assistant Attorney General, Antitrust Division, Department of Justice Overview Panel: The Internet Ecosystem in Perspective 9:30am - 11:30am Moderator - Phil Weiser, Deputy Assistant Attorney General, Antitrust Division, Department of Justice Meredith Attwell Baker, Commissioner, Federal Communications Commission Marc Berejka, Senior Policy Advisor, Office of the Secretary, Department of Commerce Brad Feld, Managing Director, Foundry Group, Mobius Venture Capital Dale Hatfield, Executive Director, Silicon Flatirons Center, Adjunct Professor, University of Colorado Former Chief Engineer, Federal Communications Commission Larissa Herda, Chairman, President and Chief Executive Officer, tw telecom, inc. Michael Powell, Former Chairman, Federal Communications Commission, Senior Advisor, Providence Equity Lisa Tanzi, Vice President and Deputy General Counsel for the Business Division, Microsoft Corporation Lunch 11:30am - 1:00pm Evolving Business Models and Policy Challenges for the Content Industries 1:00pm - 3:00pm Moderator - Jonathan Sallet,
    [Show full text]