GLOBAL ANTITRUST ENFORCEMENT SYMPOSIUM Cartel Enforcement and Policy

660 Pages·2013·5.47 MB·English

GeorGetown Law
7th annual Global antitrust enforcement Symposium
September 25, 2013
Join leading professionals and top international
competition enforcement officials as they discuss
and debate antitrust’s most pertinent issues.
Georgetown Law CLE has an established tradition with over 30 years of experience
providing the legal community high quality education. Our programs are developed with the
profession’s ever-changing needs in mind, while at the same time meeting the mandatory
CLE requirements of various state bars. Located in the heart of the nation’s capital, we
feature the country’s leading officials, judges and practitioners.
The views and conclusions expressed herein are those of the authors and not necessarily those of the
Georgetown University Law Center CLE Department or of its co-sponsors. If legal advice or other expert
assistance is required, the services of a competent professional should be sought.
Table of Contents

I. General Information

Program Agenda & Room Locations ................................................................................................. 6
Speaker Biographies ........................................................................................................................... 7
Things to do in Washington, D.C. ...................................................................................................... 11
Restaurant Guide ................................................................................................................................ 12
2013-14 CLE Program Schedule ........................................................................................................ 13

II. Panel 1: Global Enforcers Roundtable
Moderator: Thomas O. Barnett
Panelists: Philip Collins, Ana Frazão, Eduardo Perez Motta

OFT: Our competition role – and how things are changing ............................................................... 16

III. Panel 2: Cartel Enforcement and Policy
Moderator: Deborah A. Garza
Panelists: Kris Dekeyser, Lisa M. Phelan, Jason Pollack

Recent developments regarding the Commission's cartel enforcement ............................................. 32
Current Developments in U.S. Department of Justice International Cartel Enforcement .................. 41
Department of Justice: Panasonic and its Subsidiary Sanyo Agree to Plead Guilty in Separate
Price-Fixing Conspiracies involving Automotive Parts and Battery Cells ........................................ 54
EU Cartel Statistics ............................................................................................................................ 58
Antitrust: Commission fines producers of TV and computer monitor tubes € 1.47 billion for two
decade-long cartels ............................................................................................................................. 65
Antitrust: Commission fines producers of wire harnesses € 141 million in cartel settlement ............ 70
Remedies, commitments and settlements in antitrust ......................................................................... 75
Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions
pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases ............. 83
Sherman Act Violations Yielding a Corporate Fine of $10 Million or More .................................... 90
Statement of Assistant Attorney General Bill Baer on Changes to Antitrust Division's Carve-Out
Practice Regarding Corporate Plea Agreements ................................................................................ 98

IV. Panel 3: Hot Topics in Enforcement and Policy
Moderator: Paul Cuomo
Panelists: Herbert Hovenkamp, Suyong Kim, Sharis A. Pozen

Plaintiffs’ Pretrial Memorandum of Law ........................................................................................... 103
Plaintiffs’ Proposed Conclusions of Law ........................................................................................... 150
Apple Inc.'s Opposition to Plaintiffs’ Pre-trial Memorandum of Law ............................................... 203
Plaintiffs’ Memorandum of Law in Support of Proposed Injunction ................................................. 235
Exhibit 1 of Plaintiffs’ Memorandum of Law in Support of Proposed Injunction ............................. 258
Apple Inc.'s Memorandum of Law in Response to United States' Proposed Final Judgment and
Plaintiff States' Proposed Order ......................................................................................................... 276
United States District Court Southern District of New York: Opinion and Order ............................. 308
Proposal for a Directive of the European Parliament and of the Council .......................................... 469
Comcast and Disaggregation (August 2013) ...................................................................................... 511
Institutional Advantage in Competition and Innovation Policy (August 2013) ................................. 520
Table of Contents

V. Panel 4: IP and Antitrust
Moderator: Logan M. Breed
Panelists: Renata Hesse, Robert G. Harris, Steven C. Sunshine

Beyond Reverse Payments: Will Actavis Extend To Patent Activities Generally? ............................ 533
Patent Assertion Entities: Economic Harm to Innovation and Competition ...................................... 551

VI. Panel 5: Merger Enforcement and Policy
Moderator: Professor Steven C. Salop
Panelists: Deborah Feinstein, Aviv Nevo, Catriona Hatton, Mark Israel

U.S. Department of Justice and the Federal Trade Commission: Horizontal Merger
Guidelines ........................................................................................................................................... 587
Merger Settlement and Enforcement Policy for Optimal Deterrence and Maximum Welfare .......... 625
I
PROGRAM AGENDA & ROOM LOCATIONS

Global Antitrust Enforcement Symposium
September 25, 2013

Wednesday, September 25

8:00-8:30 am Registration & Continental Breakfast – Hart Auditorium Upper Lobby

8:30-8:45 am Welcome & Introduction – Hart Auditorium
Lawrence J. Center

8:45-9:15 am Keynote Address – Hart Auditorium
Hon. Edith Ramirez

9:15-10:30 am Panel 1: Global Enforcers Roundtable – Hart Auditorium
Moderator: Thomas O. Barnett
Panelists: Philip Collins, Ana Frazão, Eduardo Perez Motta

10:30-10:45 am Networking Break – Hart Auditorium Upper Lobby

10:45-11:15 am Perspective from the European Commission – Hart Auditorium
Joaquin Almunia

11:15 am-12:15 pm Panel 2: Cartel Enforcement and Policy – Hart Auditorium
Moderator: Deborah A. Garza
Panelists: Kris Dekeyser, Lisa M. Phelan, Jason Pollack

12:20-1:15 pm Networking Luncheon – Sport & Fitness Lobby

1:20-1:45 pm Luncheon Address – Hart Auditorium
Hon. William J. Baer

1:45-2:45 pm Panel 3: Hot Topics in Enforcement and Policy – Hart Auditorium
Moderator: Paul Cuomo
Panelists: Herbert Hovenkamp, Suyong Kim, Sharis A. Pozen

2:45-3:00 pm Networking Break – Hart Auditorium Upper Lobby

3:00-4:15 pm Panel 4: IP and Antitrust – Hart Auditorium
Moderator: Logan M. Breed
Panelists: Renata Hesse, Robert G. Harris, Steven C. Sunshine

4:20-5:30 pm Panel 5: Merger Enforcement and Policy – Hart Auditorium
Moderator: Professor Steven C. Salop
Panelists: Deborah Feinstein, Aviv Nevo, Catriona Hatton, Mark Israel

5:30 pm Cocktail Reception – Hart Auditorium Upper Lobby

Wireless Network: gulaw events
Passcode: gohoyas!
SPEAKER BIOGRAPHIES

Keynote Speaker

Edith Ramirez was sworn in as a Commissioner of the Federal Trade Commission on April 5, 2010 and became Chairwoman of the
FTC on March 4, 2013. Before joining the FTC, Chairwoman Ramirez was a partner in the Los Angeles office of Quinn Emanuel
Urquhart & Sullivan, LLP, where she litigated complex business disputes, including intellectual property, antitrust, unfair competition,
and false advertising matters. Previously, she litigated commercial disputes at Gibson, Dunn, & Crutcher, LLP, in Los Angeles, and
served as a law clerk to Judge Alfred T. Goodwin on the U.S. Court of Appeals for the Ninth Circuit. Throughout her career,
Chairwoman Ramirez has been active in a variety of professional and community activities, including, most recently, serving as the
Vice President on the Board of Commissioners for the Los Angeles Department of Water and Power, the nation’s largest municipal
utility. Chairwoman Ramirez graduated with honors from college and law school at Harvard University, where she served as an editor
of the Harvard Law Review.

Speakers

Joaquín Almunia is Vice President, Commissioner for Competition of the European Commission. In 2002, Mr. Almunia founded the
progressive think tank “Laboratorio de Alternativas” where he serves as Director. During his professional career, he also served as
Director of the research program on “Equality and redistribution of income” at the Fundación Argentaria (1991-1994). Mr. Almunia
has a long political career: Member of the European Commission (April 2004- February 2010: Commissioner for economic and
monetary affairs); Socialist candidate for Prime Minister (2000 elections); Leader of the PSOE (1997-2000); Spokesperson of the
Socialist Parliamentary Group (1994-1997); Minister of Public Administration (1986- 1991); Minister of Employment and Social
Security (1982-1986); Member of the Spanish Parliament (1979-2004); and Member of the Federal Committee of the PSOE. Mr.
Almunia graduated from the University of Deusto (Bilbao) with a degree in Law and Economics.

Bill Baer was sworn in as the Assistant Attorney General for the Antitrust Division on January 3, 2013, following confirmation by the
United States Senate. Prior to his appointment as Assistant Attorney General, he was a Partner and Head of the Antitrust Practice
Group at Arnold & Porter LLP in Washington, DC. At Arnold & Porter Bill handled both criminal and civil antitrust investigations,
including merger and acquisition reviews by antitrust enforcement agencies in the United States and globally. Bill was also a Partner
at Arnold & Porter from 1983 until April 1995 and an Associate from 1980 until 1983. From April 1995 until October 1999, Bill was
the Director, Bureau of Competition at the Federal Trade Commission (FTC). As Director, he oversaw significant enforcement
successes, including blocking mergers in office supply and drug wholesale markets. His work also included successfully challenging
exclusionary practices in toy, information technology, and brand name and generic drug markets. Bill also worked at the FTC from
1975 until 1980. He received his J.D. from Stanford Law School in 1975, and served as an editor of the Stanford Law Review. He
received his B.A. from Lawrence University in 1972 where he graduated Cum Laude and Phi Beta Kappa.

Thomas Barnett is co-chair of the global Antitrust & Consumer Law Practice Group at Covington & Burling. He specializes in
antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and
investigative matters. He recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He
headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for
Civil Enforcement from 2004 to 2005. Prior to 2004, Mr. Barnett was an associate and then partner at Covington. He also has served
as an adjunct professor for antitrust and sports law at Georgetown University Law Center and as a co-teacher of an advanced antitrust
seminar at the University of Virginia Law School.

Logan Breed is a partner at Hogan Lovells in Washington, DC, where his practice focuses on antitrust reviews of merger and
acquisitions, antitrust counseling, and antitrust litigation. He is active with the American Bar Association, serving on the ABA
Antitrust Section’s Intellectual Property Committee. Logan is a frequent speaker and writer on issues at the intersection of antitrust
and intellectual property. He is a graduate of the University of Virginia and the University of Virginia School of Law.

Philip Collins became Chairman of the Office of Fair Trading on 1 October 2005. He is a solicitor who has practised in the UK and
EU competition law field for more than 30 years, initially in London and latterly in Brussels. He was formerly a partner in Lovells
where, in 1978, he was the first partner appointed to specialise in competition law. With the subsequent development of the practice,
he was made head of the firm's competition and EU law practice. Subsequently, and until 30 September 2005, he was Senior Counsel
at Wilmer Cutler Pickering Hale & Dorr LLP, based in Brussels. Philip was one of the founders of the Competition Law Forum
*Biographies are provided to us by the faculty. In the event a biography has not been submitted, we make every effort to provide the most accurate
information available from the affiliated firm or organization’s website.
established at the British Institute of International and Comparative Law and a member of its Advisory Board from its foundation in
2002 until 2005. He is also a member of the Editorial Board of the European Competition Journal.

Paul Cuomo is a partner in the Antitrust and Competition Practice of Baker Botts. Mr. Cuomo advises clients on all aspects of
antitrust law, with an emphasis on U.S. and international merger reviews, and is one of only a handful of U.S.-based lawyers to appear
in person before the Ministry of Commerce of the People’s Republic of China (MOFCOM) in connection with a merger review.
Outside of the merger area, Mr. Cuomo regularly advises clients on the antitrust issues associated with their day-to-day business
practices and represents companies in civil nonmerger and criminal grand jury investigations and antitrust litigation. In addition, he
serves as Antitrust Compliance Officer for the National Association of Music Merchants (NAMM), a 9,000+ member association of
manufacturers, retailers and distributors of musical instruments and products, under the terms of a settlement agreement with the
Federal Trade Commission.

Kris Dekeyser graduated in both law and political sciences. From 2003 until 2008, Kris was the head of the unit in the European
Commission's DG Competition in charge of the European Competition Network and the Private Enforcement initiative (White Paper
on Damages Actions). Thereafter he became the European Commission's Cartel Settlement Officer and since June 2012, he is in
charge of Antitrust case support and policy at the European Commission. Kris is also guest Professor at the Hogeschool-Universiteit
Brussel and the author of a variety of publications in English and French in the field of competition law. He also regularly delivers
lectures at seminars and conferences around the world on both general and specialised areas of Competition law, variously organised
by Universities, Bar Associations, business forums, government organisations, competition enforcement agencies, etc.

Deborah L. Feinstein is Director of the Bureau of Competition at the Federal Trade Commission. Global Competition Review
named her global “Lawyer of the Year” for 2010. She is an honors graduate of Harvard Law School and the University of California
at Berkeley.

Ana Frazão is Commissioner at the Brazilian Administrative Council for Economic Defense (CADE) and Adjunct Law Professor at
the University of Brasilia (Commercial Law). She is former Dean of the Law School at University of Brasilia (2008-2012) and used to
practice as a private lawyer (1996-2005). She holds a PhD in Commercial Law from the Catholic University of São Paulo (PUC-SP)
as well as a Master in Constitutional Law and a B.A. both from the University of Brasilia. She has also written numerous articles,
specially on Commercial and Civil Law.

Deborah Garza is co-chair of Covington and Burling’s Antitrust and Consumer Law Practice Group. Prior to rejoining Covington in
2009, Ms. Garza served as Acting Assistant Attorney General in charge of the U.S. Justice Department Antitrust Division and as
Deputy Assistant Attorney General for Regulatory Affairs. From 2004 to 2007, Ms. Garza served as chair of the Antitrust
Modernization Commission (“AMC”), a bi-partisan panel created by Congress to study and report to the President and Congress on
the state of antitrust enforcement in the United States. Ms. Garza currently serves as International Officer for the Antitrust Section of
the American Bar Association. She practices in all areas of antitrust law, counseling clients on mergers and acquisitions, joint
ventures, distribution practices and representing them in civil and criminal government investigations and before the courts.

Dr. Robert Harris is a Professor Emeritus in the Haas School of Business at the University of California, Berkeley and a Senior
Consultant with Charles River Associates. After earning a PhD in Economics at Berkeley, Professor Harris taught courses in Business
and Public Policy and published more than 50 academic articles and dozens of reports assessing competition, regulation and
innovation policies. He has given testimony and presentations to the U.S. Senate and House of Representatives, Federal
Communications Commission, Interstate Commerce Commission, Department of Justice, Federal Trade Commission, 27 state
regulatory commissions, and the national competition and communications agencies of Canada, Mexico and Australia. He has
testified as an expert witness in Federal and State Courts in antitrust and patent litigation. Professor Harris earned his B.A. and M.A.
in Social Sciences from Michigan State University, and Ph.D. in Economics from the University of California, Berkeley.

Catriona Hatton is a partner at Baker Botts in Brussels where her practice focuses on competition law. Catriona has extensive
experience advising on EU and national competition law aspects of international mergers, including obtaining approvals under the EU
Merger Regulation and coordinating global merger filings. Catriona advises on compliance with competition rules in strategic
alliances, distribution, IP licensing and a wide range of commercial agreements. She has represented clients in antitrust investigations
(anti-competitive agreements and abuse of dominance) before the European Commission and national competition authorities. She is
a graduate of Trinity College Dublin and the University of Brussels.

Renata B. Hesse is Deputy Assistant Attorney General for Criminal and Civil Operations at the U.S. Department of Justice’s Antitrust
Division. From November 16, 2012, until the confirmation of Assistant Attorney General Bill Baer, Ms. Hesse served as Acting
Assistant Attorney General for the Antitrust Division. She rejoined the Antitrust Division in March of 2012, having previously been a
Staff Attorney in the Merger Task Force and the Transportation, Energy & Agriculture Section and Chief of the Networks &
Technology Enforcement Section. Ms. Hesse received the Attorney General’s Distinguished Service Award in 2005. Ms. Hesse most
recently served as Senior Counsel to the Chairman for Transactions at the Federal Communications Commission, where she oversaw
the Commission’s investigation of AT&T’s proposed acquisition of T Mobile. Prior to joining the Commission, Ms. Hesse was a
partner in the Washington, DC office of Wilson Sonsini Goodrich & Rosati from 2006 to 2011, where she served as antitrust
‐
regulatory and litigation counsel for a wide range of clients, including representation in civil merger and conduct investigations before
the U.S. Department of Justice and the Federal Trade Commission, and in private litigation in the federal and state courts, with a
particular focus on technology and communications issues. Ms. Hesse has been recognized in Chambers USA: America’s Leading
Business Lawyers (2007 2011), The International Who’s Who of Competition Lawyers & Economists (2009 2011), and was named a
2010 Washington, DC “Super Lawyer” by Law & Politics magazine. Ms. Hesse received her Bachelor of Arts in Political Science
from Wellesley College i‐n 1986 and her Juris Doctor from the University of California, Berkeley in 1990. ‐

Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law and History, University of Iowa, where he teaches antitrust
law, innovation and competition policy, intellectual property, real property, torts, and American legal history. He is a Fellow of the
American Academy of Arts and Sciences, and in 2008 he won the Justice Department’s John Sherman Award for his lifetime
contributions to antitrust law. Hovenkamp is the author of several books and approximately 200 articles. His principal writing
includes Antitrust Law: An Analysis of Antitrust Principles and their Application (formerly with the late Phillip E. Areeda and the late
Donald F. Turner) (22 vols., Aspen, 3d ed. 2008-2013); Creation Without Restraint: Promoting Liberty and Rivalry in Innovation
(with Christina Bohannan) (Oxford, 2012); The Making of Competition Policy: Legal and Economic Sources (Oxford, 2012, with Dan
Crane); The Antitrust Enterprise: Principle and Execution (Harvard, 2006); Federal Antitrust Policy: The Law of Competition and Its
Practice (West, 4th ed. 2011); IP and Antitrust: an Analysis of Antitrust Principles Applied to Intellectual Property Law (with Mark D.
Janis, Mark A. Lemley and Christopher Leslie) (2 vols., Aspen, 2d ed. 2010); and Enterprise and American Law, 1836-1937
(Harvard, 1991). He is also author of a free open source casebook on innovation and competition policy, available at
http://www.uiowa.edu/~ibl/InnovationCompetitionPolicyCasebook.shtml. His forthcoming book is The Opening of American Law:
Neoclassical Legal Thought, 1870-1970 (Oxford, 2013). He has consulted on numerous antitrust cases for the federal government,
various state governments, and private plaintiffs.

Mark Israel's areas of expertise include antitrust, damages, econometrics, and industrial organization economics. He has substantial
experience bringing state-of-the-art econometric tools to bear in merger and litigation matters. He has served as an expert in litigation,
arbitration, and regulatory proceedings in industries including telecommunications, cable television, broadband internet service,
airlines, shipping, credit cards, cigarettes, and consumer retail. He has supported clients with all aspects of merger analysis, from
initial assessment through lengthy government investigations, in industries including telecommunications, financial markets, airlines,
consumer beverages, and cable television. Israel has written numerous academic articles on merger policy, price discrimination, and
competition and consumer choice in insurance and other financial service markets. His research has been published in both leading
scholarly and applied journals, including The American Economic Review, The Rand Journal of Economics, The Review of Industrial
Organization, Antitrust Source, and the Global Competition Review and presented to business, government and academic audiences
around the world. Prior to joining Compass Lexecon, Israel was an Associate Professor at Northwestern University's Kellogg School
of Management. He received his Ph.D. in Economics from Stanford University in 2001.

Suyong Kim is co-head of Hogan Lovells' global Antitrust, Competition and Economic Regulation practice. She advises clients on all
aspects of EU and UK competition law both transactional and contentious. She also advises on competition and regulatory issues in
relation to regulated utilities. Ms Kim regularly secures merger clearance for clients in the UK and EU and has coordinated merger
clearances in multiple jurisdictions around the world. She represents clients in relation to cartel investigations, market and sectoral
inquiries and abuse of market power inquiries before the UK and EU competition authorities and in the context of antitrust litigation in
the UK and EU courts. Ms Kim is a graduate of Oxford University and has an MBA from London Business School.

Aviv Nevo is Deputy Assistant Attorney General for Economic Analysis at the Department of Justice Antitrust Division. He is on
leave from Northwestern University where he is a professor of Economics. He received his Bsc from Tel Aviv University, and AM
and PhD from Harvard University. He taught at UC Berkeley from 1997 to 2004, and has been at Northwestern since 2004.
Professor Nevo has published widely in economics journals. His work focuses on empirical industrial organization and econometrics.
Much of his work has been on estimating demand for consumer goods and its implications for price competition, mergers and
consumer welfare. He has also done work looking at the real estate brokerage industry, the healthcare industry and broadband Internet
service. Professor Nevo was awarded a NSF CAREER grant, a Sloan Foundation Research Fellowship and was awarded the Compass
prize. He served on the editorial boards of the Review of Economics Studies, the RAND Journal or Economics, the Journal of
Industrial Economics, AEJ: Micro, Quantitative Economics, Quantitative Marketing and Economics, and Marketing Science.

Eduardo Pérez Motta was appointed Chairman of the Mexican Federal Competition Commission (CFC) in September 2004.
In April 2012, he was designated Chairman of the International Competition Network (ICN), which brings together 127 competition
agencies with the aim of addressing common antitrust and enforcement issues. Mr. Pérez Motta also served as the ICN’s Vice Chair
for International Coordination for more than two years. From 2001-2004, he was Mexico's Ambassador to the World Trade
Organization (WTO), where he was responsible for the organization of the Doha Ministerial Conference (2001) and the Mexican
Chairmanship at Cancun in 2003. From 1998 to 2000, he acted as head of the Ministry of Trade and Industrial Development´s
(SECOFI) Representation Office in Brussels, and coordinated the Mexican team during the negotiation of the Free Trade Agreement
between Mexico and the EU. He holds a bachelor’s degree in economics from the Instituto Tecnológico Autónomo de México
(ITAM), and a master in economics from the University of California at Los Angeles (UCLA). Mr. Pérez Motta has taught
microeconomics, international trade and competition policy at ITAM, El Colegio de México and Instituto Tecnológico y de Estudios
Superiores de Monterrey, and is a member of the editorial board of Competition Policy International (CPI).
Lisa M. Phelan, is Chief of the National Criminal Enforcement Section of the Antitrust Division of the Department of Justice. Her
office is located in Washington, DC. In that capacity, she supervises the investigation and litigation of major national and international
criminal cartel and other white collar crime cases. For example, her office was in recent years responsible for the arrests and
prosecution of eight international executives in the Marine Hose Industry on price fixing charges, the prosecution of more than 20
airlines, including British Airways and Korean Airlines, for price fixing on passenger and cargo rates, as well as more than a dozen
international freight forwarding corporations. This year her office has brought prosecutions in the Auto Parts industry, obtaining more
than $800 million in criminal fines and significant jail sentences for international executives. Prior to her appointment as Chief of
National Criminal Enforcement in 2002, Ms. Phelan was a senior criminal litigator at the Antitrust Division, leading the investigation
and the trials of multinational corporations and their executives for price fixing and related crimes. She was lead prosecutor for U.S. v
Nippon Paper. Ms. Phelan has been a member of the American Bar Association, and was for five years a Vice Chair of the Criminal
Practices and Procedures Committee of the Antitrust Section. She has been a frequent speaker at meetings of the International
Competition Network, and at bar and law enforcement conferences around the world.

Jason Pollack is Director, Legal Americas for AkzoNobel in Tarrytown, New York. AkzoNobel, based in Amsterdam, is among the
world's largest paint and coatings companies and is a leading supplier of specialty chemicals. In his role, Jason oversees the legal
function throughout the Americas, is responsible for Mergers & Acquisitions in the Americas and has been responsible for Antitrust
law in North America since he joined the company in January of 2006. Before joining AkzoNobel, Jason was an associate in the
Antitrust & Trade Regulation group in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP.

Sharis Pozen is a partner in the Antitrust and Competition Group at Skadden, Arps, Slate, Meagher & Flom LLP. She advises clients
on a broad spectrum of antitrust issues related to mergers and acquisitions, litigation, criminal investigations and counseling across
national and multinational industries. Previously, Ms. Pozen served in the U.S. Department of Justice as Acting Assistant Attorney
General of the Antitrust Division where she led many high-profile matters and worked extensively with leaders of international
antitrust authorities. Her professional career began at the U.S. Federal Trade Commission, where she held several positions, including
Attorney Adviser to two Commissioners, Assistant to the Director of the Bureau of Competition and Staff Attorney. Ms. Pozen is a
graduate of Connecticut College and Washington University Law School in St. Louis.

Steven Salop is a senior consultant to CRA and Professor of Economics and Law at the Georgetown University Law Center in
Washington, DC, where he teaches antitrust law and economics and economic reasoning and the law. His research and consulting
focuses on microeconomics, antitrust, competition, and regulation. He has written numerous articles in various areas of antitrust
economics and law—including exclusionary conduct, mergers, joint ventures, and tacit coordination—many of which take a “Post-
Chicago” approach. These include a series of articles analyzing exclusionary market power, exclusionary conduct, and raising rivals’
costs in the context of a variety of antitrust areas, including monopolization, input purchases and monopsony, joint venture access
rules, vertical mergers, and vertical restraints. In addition, his research has focused on various aspects of mergers and joint ventures,
including market definition, partial ownership and cross-ownership interests, entry barriers, and efficiencies. He also has written
articles on procedural issues, including summary disposition, treble damages, and appellate decision-making. He earned his BA in
Economics from the University of Pennsylvania and an MPhil and PhD in Economics from Yale University.

Steven Sunshine is the North American group leader of Skadden Arps’ Antitrust practice in the firm's Washington, D.C. office. He
represents clients in connection with antitrust aspects of litigation, mergers and acquisitions, counseling and grand jury investigations.
He appears before courts in connection with antitrust civil matters and before the U.S. and European antitrust authorities. Mr.
Sunshine was formerly Deputy Assistant Attorney General in charge of merger enforcement at the U.S. Department of Justice,
Antitrust Division.