Antitrust Enforcement as Regulation?

Corporations, Securities, and Antitrust Practice Group

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Antitrust Enforcement as Regulation? - Event Audio/VideoThe popular press is full of reports of a renewed vigor in parts of our antitrust enforcement regime that address the conduct of leading firms. Investigations have been started or rumored against any number of firms near or at the top of various parts of the technology sector, including Intel, Yahoo, Google, Apple, AT&T, IBM, Facebook, and others. Forbes reported that the number of antitrust cases filed by the Department of Justice rose by 50 percent in 2011. These suits can be costly to defend, and carry large potential fines. Consent decrees negotiated to end such litigation often provide detailed terms and conditions governing the manner in which industry players may and may not conduct business going forward. In this environment, has antitrust enforcement itself become a regulatory mechanism? If so, does it represent the best way to regulate dynamic industries? These and other questions will be addressed by our panel of experts.


  • Hon. Ronald A. Cass, President, Cass & Associates, PC
  • Hon. James Miller III, Senior Advisor, Husch Blackwell LLP, and former director of the U.S. Office of Management & Budget
  • Hon. Charles "Rick" Rule, Partner, Cadwalader Wickersham & Taft LLP
  • Mr. Robert A. Skitol, Partner, Drinker Biddle & Reath LLP
  • Moderator: Prof. F. Scott Kieff, George Washington University Law School