Deep Dive Episode 105 – Do We Need to Rethink Antitrust for Big Tech?
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. The first panel of the symposium was titled "Do We Need to Rethink Antitrust for Big Tech?"
Featuring:
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Professor of Law, Notre Dame University
Roger P. Alford joined the Notre Dame Law faculty in January 2012. Alford teaches and writes in a wide range of subject-matter areas, including international trade, international arbitration, international antitrust, and comparative law.
Alford earned his B.A. with Honors from Baylor in 1985, his J.D. with Honors from New York University, and his LL.M. from Edinburgh University. Before entering the legal academy, he served as a law clerk to Judge James Buckley of the United States Court of Appeals for the D.C. Circuit, and Judge Richard Allison of the Iran-United States Claims Tribunal in The Hague, Netherlands. He practiced law with Hogan & Hartson (now Hogan Lovells) in Washington, D.C., and was also a senior legal advisor to the Claims Resolution Tribunal for Dormant Activities in Zurich, Switzerland.
In addition to publishing widely in leading law reviews and journals, Alford is the general editor of Kluwer Arbitration Blog and on the Executive Committee of the Institute for Transnational Arbitration.
He is Concurrent Professor at the Keough School of Global Affairs, a Faculty Fellow at the Kellogg Institute for International Studies, and a Faculty Fellow at the Nanovic Institute for European Studies. He was the Academic Director of the London Global Gateway from 2016-2017 and Associate Dean for Graduate and International Programs from 2013-2017.
He served as the Deputy Assistant Attorney General for International Affairs with the Antitrust Division of the U.S. Department of Justice from 2017-2019.
Partner, Labaton Sucharow LLP
Jay Himes is a partner in the New York office of Labaton Sucharow LLP and co-chair of the Firm's Antitrust and Competition Litigation Practice. With more than 40 years of experience, Jay is experienced in all facets of antitrust and complex litigation generally. He focuses on representing plaintiffs in price-fixing class action cases and protecting businesses from anticompetitive activities.
A past recipient of the New York State Bar Association’s William T. Lifland Service Award for distinguished service, Jay has been described by Chambers USA as “a walking encyclopedia of case law…thoughtful, well read and a first-rate lawyer," and The Legal 500 called him "a very solid and highly experienced antitrust lawyer."
Jay was appointed by United States District Judge Orrick to serve as the monitoring trustee under the final judgment in United States of America v. Bazaarvoice, Inc. Upon completion of the four-year appointment, the Court thanked him for having “diligently and effectively monitored the defendant’s compliance,” and for having “worked through innumerable complex issues . . . with obvious skill and sensitivity.”
A regular speaker at conferences focusing on such subjects as antitrust, class actions, international litigation and arbitration, trade law and data protection, Jay has authored many conference papers and published articles. He has lectured annually on U.S. cartel and private action enforcement at the Zurich University of Applied Science's international competition and compliance programs, offered in Geneva, Winterthur and Zurich, Switzerland, to foreign competition law officials and practitioners. He also has presented at conferences in Europe (Amsterdam, Berlin, Dublin, Krakow, Lisbon, Paris, Stockholm, Vienna, Winterthur, and Zurich), Latin America (Antigua and Sao Paolo), and the Far East (Hanoi, Seoul, and Tokyo), as well as in Montreal and the United States.
Prior to joining Labaton Sucharow, Jay served for nearly eight years as the Antitrust Bureau Chief in the New York Attorney General's office. In that role, he was the States’ principal representative in the marathon 2001 negotiations that led to settlement of the governments’ landmark monopolization case against Microsoft. Thereafter, Jay partnered with US DOJ officials to lead the Microsoft judgment monitoring and enforcement effort, an activity that continued throughout his time at the Attorney General's office.
During his tenure as New York's chief antitrust official, Jay also led significant, high-profile antitrust investigations and enforcement actions. These cases included: In re Buspirone Antitrust Litigation ($100 million settlement); In re Cardizem CD Antitrust Litigation ($80 million settlement); and In re Compact Disc Antitrust Litigation ($67 million settlement). Under Jay's leadership, the New York Bureau secured the two largest antitrust civil penalties recoveries ever achieved under the State's antitrust statute.
Before serving in the Attorney General's office, Jay practiced complex litigation for 25 years at Paul, Weiss, Rifkind, Wharton & Garrison LLP. There, he represented the 12 Federal Reserve Banks as plaintiffs in a price-fixing case against the nation's leading armored car companies, and defended a Revlon healthcare company in a series of price-fixing cases that spanned nearly a decade. Additionally, Jay handled a wide range of litigation, including securities class actions as well as contract, construction, constitutional, entertainment, environmental, real property, and tax litigation. Active in pro bono matters, Jay worked with the New York Civil Liberties Union, NAACP, and National Coalition for the Homeless, while also representing inmate and immigration asylum clients.
Jay is a member of the American Antitrust Institute advisory board, the U.S. advisory board of the Loyola University Chicago School of Law's Institute of Consumer Antitrust Studies, the MLex advisory board, the editorial advisory group of the Antitrust Chronicle, the steering committee of the American Economic Liberties Project, and the board of the Lawyers’ Committee for Civil Rights Under Law.
Effective June 1, 2020, Jay will chair the New York State Bar Association’s (NYSBA’s) International Section, which has more than 2,000 members worldwide. Jay is a representative to NYSBA’s sections caucus, and co-chairs the antitrust committees of both the State Bar's Commercial and Federal Litigation and International sections. Jay is also a member of antitrust, litigation, and intellectual property groups in the American Bar Association. He also is a past chair of NYSBA’s Antitrust Section, and served a four-year term as the Section's delegate to the House of Delegates.
Jay earned his Juris Doctor, magna cum laude, from the University of Wisconsin Law School, where he served as the Articles Editor of the Wisconsin Law Review. Following law school, he pursued independent study at the University of Oxford in England.
Charles Klein Professor of Law and Government, Director of the LL.M. in Asian Law, Temple University School of Law
Professor Salil Mehra joined the Temple Law faculty in 2000. His research focuses on antitrust/competition law and technology. A sample of Professor Mehra’s publications can be found below and on his publications page.
Professor Mehra is a past Chair of the AALS Section on Antitrust and Economic Regulation, and is a nongovernmental advisor to the International Competition Network. He is a former Abe Fellow of Japan’s Center for Global Partnership and the Social Science Research Center.
Prior to his career with Temple Law, Professor Mehra clerked for Chief Judge Juan R. Torruella of the U.S. Court of Appeals for the First Circuit, and then worked at the Antitrust Division of the Department of Justice, and then subsequently at the New York law firm of Wachtell, Lipton, Rosen & Katz, where his practice included antitrust, first amendment, and takeover defense litigation.
Professor Mehra graduated with honors, Order of the Coif, from the University of Chicago Law School, where he was on the law review and was named an Olin Student Fellow. In 2016, Professor Mehra won the University Lindback Award for Distinguished Teaching.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.