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The Antitrust Paradox: Where We've Been and Where We're Going

September 15, 2021

On September 15, 2021, the Federalist Society presented this special day-long, in-person conference on Judge Robert Bork's The Antitrust Paradox. The influential work has been recently republished so that the new generation of general practitioners and antitrust thinkers alike can bring his work to bear on their own. This conference featured discussion of the book and its relevance to contemporary antitrust issues. 

With the rising anger at platform companies, there is a growing bipartisan chorus of policy-makers calling for the expansion of the antitrust statutes. Some lawmakers have called for a broad expansion of laws to apply to all industries, while others have sought the application only to the social media companies. The consumer welfare standard championed by former Judge Robert Bork in his seminal work The Antitrust Paradox has been called into question. With Congress holding hearings and poised to act on antitrust legislation, these panel discussions are timely and they feature experts who will reviewthe history of antitrust law to the present day and discuss the implications of various congressional proposals to amend current statutes.

 

Please direct questions about the event to pg@fed-soc.org.

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9:30 a.m. - 10:00 a.m.
Registration -- Foyer

The Antitrust Paradox: Where We've Been and Where We're Going

Foyer
The Mayflower Hotel

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10:00 a.m. - 10:45 a.m.
Opening Discussion: Republishing The Antitrust Paradox

The Antitrust Paradox: Where We've Been and Where We're Going

Topics: Corporations, Securities & Antitrust
East Room
The Mayflower Hotel

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Event Video

Description

President of the Bork Foundation Robert Bork, Jr. will discuss his efforts to republish his father's famous work, The Antitrust Paradox, so that lawyers, scholars, and interested citizens could bring Judge Bork's work to bear on their own. Judge Douglas Ginsburg, who served as Assistant Attorney General in charge of the Department of Justice's Antitrust Division, will moderate the conversation. 

Featuring: 

  • Robert Bork, Jr., President, The Bork Foundation; President, Antitrust Education Project
  • Moderator: Hon. Douglas Ginsburg, Senior Judge, U.S. Court of Appeals for the D.C. Circuit; former Assistant Attorney General, Antitrust Division, U.S. Department of Justice

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

11:00 a.m. - 12:15 p.m.
Panel One: How We Got Here: The Evolution of Antitrust Law and the Consumer Welfare Standard

The Antitrust Paradox: Where We've Been and Where We're Going

Topics: Corporations, Securities & Antitrust
East Room
The Mayflower Hotel

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Event Video

Description

A panel of experts will review the history of antitrust law, with a special focus on the consumer welfare standard, and offer their diverse perspectives on its origins, purposes, and effectiveness.

Featuring:

  • Prof. Elyse Dorsey, Visiting Scholar, University of Virginia; Adjunct Professor, Antonin Scalia Law School, George Mason University
  • Prof. Michael L. Katz, Sarin Chair Emeritus in Strategy and Leadership, Haas School of Business, University of California at Berkeley; former Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, U.S. Department of Justice
  • Bilal Sayyed, Senior Adjunct Fellow, TechFreedom; former Director, Office of Policy Planning, Federal Trade Commission
  • Moderator: Hon. Makan Delrahim, Adjunct Lecturer in Law, University of Pennsylvania Carey Law School; former Assistant Attorney General, Antitrust Division, U.S. Department of Justice

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

12:30 p.m. - 1:00 p.m.
Lunch

The Antitrust Paradox: Where We've Been and Where We're Going

State Room
The Mayflower Hotel

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Description

Lunch will be served separately in the State Room.

1:00 p.m. - 2:30 p.m.
Panel Two: Where We Might Be Headed: Examining Proposed Antitrust Bills and Their Marketplace Implications

The Antitrust Paradox: Where We've Been and Where We're Going

Topics: Corporations, Securities & Antitrust
East Room
The Mayflower Hotel

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Event Video

Description

This panel will cover antitrust law reform proposals and discuss their marketplace implications. These experts and practioners will offer their divergent views on where antitrust law is headed and where it should go.

Featuring:

  • Daren Bakst, Senior Research Fellow in Regulatory Policy Studies, The Heritage Foundation
  • Hon. Maureen Ohlhausen, Partner, Baker Botts LLP; former Acting Chair, Federal Trade Commission
  • Mark Whitener, Senior Policy Fellow, Georgetown Center for Business & Public Policy; former Global Executive Counsel, General Electric Company
  • Moderator: Hon. Brent McIntosh, Adjunct Senior Fellow, Council on Foreign Relations; former Under Secretary of the Treasury for International Affairs, U.S. Department of the Treasury

* * * * * 

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

2:30 p.m. - 3:00 p.m.
Closing Address by Senator Mike Lee

The Antitrust Paradox: Where We've Been and Where We're Going

Topics: Corporations, Securities & Antitrust
East Room
The Mayflower Hotel

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Event Video

Description

Senator Mike Lee, who penned the introduction to the republished Antitrust Paradox, will speak on Judge Bork's seminal work and its continued relevance. The speech will be deliverd in person or by videostream.

Speakers

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