California Attorney General Antitrust Guidelines - DOC by tlt12652


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									(SCHEDULE OF EVENTS 3.17.06)

8:15 – 9:45 am      Breakfast with the State Enforcers
STATE               presented by the State Antitrust Enforcement Committee

                    State enforcement officials continue to test new antitrust theories and
                    enforcement initiatives not pursued by federal enforcers. The new NAAG
                    Antitrust Task Force Chair, Bob Hubbard, will join two other state enforcers to
                    discuss recent state enforcement activities and priorities for the future.

                    Session Chair and                  Robert W. Pratt
                    Moderator:                         Office of the Illinois Attorney General
                                                       Chicago, IL

                    Speakers:                          Meredyth Andrus
                                                       Office of the Maryland Attorney General
                                                       Baltimore, MD

                                                       Kathleen Foote
                                                       Office of the California Attorney General
                                                       San Francisco, CA

                                                       Robert L. Hubbard
                                                       Chair, NAAG Antitrust Task Force
                                                       New York State Department of Law
                                                       New York, NY

8:15 – 9:45 am   Claim Substantiation and Advertising Liability: Recent Cases Involving the
SALON IV         Substantiation Doctrine presented by the Consumer Protection Committee

                 This program explores recent developments in the role claim substantiation
                 plays in false advertising liability and enforcement. Panelists from the FTC, a
                 State AG’s Office, and the private bar provide their insights on the
                 substantiation doctrine.

                 Session Chair:                      John E. Villafranco
                                                     Collier Shannon & Scott PLLC
                                                     Washington, DC

                 Moderator:                          Darren A. Bowie
                                                     America Online, Inc.
                                                     Dulles, VA

                 Speakers:                           Alexis Barbieri
                                                     Executive Deputy Attorney General
                                                     Pennsylvania Attorney General’s Office
                                                     Harrisburg, PA

                                                     Lesley Fair
                                                     Federal Trade Commission
                                                     Washington, DC

                                                     August T. Horvath
                                                     Heller Ehrman LLP
                                                     New York, NY

8:15 – 9:45 am   Federal Trade Commission Remedies: Consumer Protection and Antitrust
SALON IV         presented by the Federal Trade Commission Committee

                 An evaluation of the antitrust and consumer protection remedies available to the
                 FTC, their effectiveness, recent remedies sought, and what more the FTC could
                 be doing.

                 Session Chair:                     Arthur N. Lerner
                                                    Crowell & Moring LLP
                                                    Washington, DC

                 Moderator:                         William Baer
                                                    Arnold & Porter LLP
                                                    Washington, DC

                 Speakers:                          Elaine D. Kolish
                                                    Sonnenschein Nath & Rosenthal LLP
                                                    Washington, DC

                                                    Melvin Orlans
                                                    Hunton & Williams LLP
                                                    Washington, DC

                                                    Honorable J. Thomas Rosch
                                                    Federal Trade Commission
                                                    Washington, DC

8:15 – 9:45 am   Innovation and Integration: Exclusionary or Predatory? presented by the
SALONS D & E     Computer and Internet Committee

                 Until the late 1990s, "predatory product innovation" remained a largely
                 theoretical and demonstrably unsuccessful antitrust claim. As exemplified by
                 circuit court decisions in C.R. Bard v. M3 Systems and United States v.
                 Microsoft, however, challenges to product design choices by leading firms in
                 high-technology industries have become more frequent and daunting. This
                 panel will examine both the theoretical aspects and practical implications of
                 product design challenges becoming an increasingly conventional part of
                 litigation and counseling for companies in high-technology industries.

                 Session Chair and                  Michael S. McFalls
                 Moderator:                         Jones Day
                                                    Washington, DC

                 Speakers:                          Eugene Burrus
                                                    Microsoft Corporation
                                                    Redmond, WA

                                                    David H. Evans
                                                    Arent Fox
                                                    Washington, DC

                                                    Joseph Kattan
                                                    Gibson Dunn & Crutcher LLP
                                                    Washington, DC

                                                    Christine Varney
                                                    Hogan & Hartson LLP
                                                    Washington, DC

8:15 – 9:45 am   Interchange Fees in Open Payment Card Systems: Price Fixing or Cost-
COMMERCE         Sharing? presented by the Financial Services Committee

                 Card associations claim that interchange fees are a mechanism to ensure that the
                 costs of the payment system are shared. Merchants claim that the fees constitute
                 price fixing by horizontal competitors. The panelists will debate the issue.

                 Session Chair:                     Marcy E. Wilkov
                                                    American Express
                                                    New York, NY

                 Moderator:                         Geraldine M. Alexis
                                                    Bingham McCutchen LLP
                                                    San Francisco, CA

                 Speakers:                          William J. Blechman
                                                    Kenny Nachwalter PA
                                                    Miami, FL

                                                    Joshua B. Floum
                                                    Executive Vice President, General Counsel
                                                      and Corporate Secretary
                                                    Visa USA
                                                    San Francisco, CA

                                                    Renata B. Hesse
                                                    Chief, Networks and Technology Section
                                                    U.S. Department of Justice
                                                    Antitrust Division
                                                    Washington, DC

8:15 – 9:45 am   Navigating the IP/Antitrust Intersection: Package Licensing, Standard
BALLROOM,        Setting and Other Developments presented by the Intellectual Property
WILLARD          Committee

                 The IP Committee will discuss several key developments in the IP/Antitrust
                 intersection. Specific topics include the Federal Circuit’s decision in U.S.
                 Philips Corp. v. ITC, developments in standard setting, patent settlement
                 antitrust matters, and the evolving treatment of intellectual property rights in
                 antitrust regimes in different jurisdictions.

                 Session Chair and                    Edward G. Biester, III
                 Moderator:                           Duane Morris LLP
                                                      Philadelphia, PA

                 Speakers:                            Lauren S. Albert
                                                      Axinn Veltrop & Harkrider LLP
                                                      New York, NY

                                                      Arthur S. Burke
                                                      Davis Polk & Wardwell
                                                      Menlo Park, CA

                                                      Sean P. Gates
                                                      Federal Trade Commission
                                                      Washington, DC

8:15 – 9:45 am   Price Gouging: Do We Need a New Federal Law? presented by
TREASURY         the Fuel and Energy Committee

                 After the hurricanes, complaints about “price gouging” skyrocketed. Numerous
                 State AGs opened investigations. The House passed a federal “price gouging”
                 bill, but the FTC has opposed any new federal law. Over 20 states now ban
                 “excessive” or “unconscionable” prices during an emergency. Are these state
                 statutes effective? Why does the FTC oppose a new federal law and is there a
                 need for new legislation? Hear the debate on these issues.

                 Session Chair:                    Layne E. Kruse
                                                   Fulbright & Jaworski LLP
                                                   Houston, TX

                 Moderator:                        Margaret A. Ward
                                                   Jones Day
                                                   Washington, DC

                 Speakers:                         Mark N. Cooper
                                                   Director of Research
                                                   Consumer Federation of America
                                                   Washington, DC

                                                   Martin J. Mack
                                                   Assistant New York Attorney General
                                                   New York Attorney General’s Office
                                                   Syracuse, NY

                                                   John H. Seesel
                                                   Federal Trade Commission
                                                   Washington, DC

                                                   Christine Wilson
                                                   O’Melveny & Myers LLP
                                                   Washington, DC

8:15 – 9:45 am   The 2005 Model Jury Instructions for Civil Antitrust Cases: Substantive
BALLROOM,        Changes and Practical Implications presented by the Civil Practice and
NATIONAL PRESS   Procedure Committee
                 This program will discuss the recently published 2005 edition to the Model Jury
                 Instructions for Civil Antitrust Cases, focusing particularly on: (1) substantive
                 changes made and important issues raised by the new model instructions, and
                 (2) practical challenges faced by judges and trial counsel in formulating and
                 tailoring instructions that are legally accurate yet understandable to a lay jury.

                 Session Chair:                      John Schmidtlein
                                                     Williams & Connolly LLP
                                                     Washington, DC

                 Moderator:                          Paul H. Friedman
                                                     Dechert LLP
                                                     Washington, DC

                 Speakers:                           The Honorable Thomas F. Hogan
                                                     Chief Judge
                                                     U.S. District Court for the District of
                                                     Washington, DC

                                                     George A. Nicoud III
                                                     Gibson Dunn & Crutcher LLP
                                                     San Francisco, CA

                                                     Linda Nussbaum
                                                     Cohen Milstein Hausfeld & Toll
                                                     New York, NY

8:15 – 9:45 am   The Competitive Impact of International Airline Alliances: Clear Skies or
SALON G          Turbulence Ahead? presented by the International and Transportation
I                Industry Committees

                 The formation of international airline alliances in recent years has dramatically
                 altered the air transportation landscape. The panel will explore: (a) whether
                 antitrust immunity is necessary to allow alliance partners to realize the
                 potentially pro-competitive benefits of their collaboration; (b) the potential for
                 "spillover effects" and the impact on "non-aligned" airlines; (c) the impact of
                 airline bankruptcies; and (d) what's on the horizon?

                 Session Chair:                       Colin T. Flynn
                                                      International Air Transport Association
                                                      Geneva, Switzerland

                 Moderator:                           Jan K. Brueckner
                                                      University of California, Irvine
                                                      Irvine, CA

                 Speakers:                            Donna N. Kooperstein
                                                      U.S. Department of Justice
                                                      Antitrust Division
                                                      Washington, DC

                                                      Timothy J. Muris
                                                      O’Melveny & Myers LLP
                                                      Washington, DC

                                                      Giel Schoonis
                                                      Air France/KLM
                                                      Amsterdam, The Netherlands

10:00 am – noon Chair’s Showcase Program

                   Section Chair:          Donald C. Klawiter
                                           Morgan Lewis & Bockius LLP
                                           Washington, DC

                   Speakers:               Jonathan B. Baker
                                           American University
                                           Washington, DC

                                           Honorable William E. Kovacic
                                           Federal Trade Commission
                                           Washington, DC

                                           Michael J. Reynolds
                                           Allen & Overy
                                           Brussels, Belgium

                                           Honorable Diane P. Wood
                                           U.S. Court of Appeals
                                           Seventh Circuit
                                           Chicago, IL

1:30 – 3:00 pm   Catching the Fox in the Electronic Henhouse: Preventing, Confronting and
SALONS F & G     Controlling Security Breaches and Identity Theft presented by the Privacy
                 and Security Committee

                 The program will address various tools used to combat the growing threat of
                 data intrusions and identity theft from legislative, enforcement and counseling
                 perspectives, and will explore best practices designed to minimize and manage
                 the risks posed by data security breaches.

                 Session Chair and                   Thomas F. Zych
                 Co-Moderator:                       Thompson Hine LLP
                                                     Cleveland, OH

                 Co-Moderator:                       Alysa N. Zeltzer
                                                     Collier Shannon Scott PLLC
                                                     Washington, DC

                 Speakers:                           Julie S. Brill
                                                     Office of the Attorney General for the State
                                                       of Vermont
                                                     Montpelier, VT

                                                     Honorable Jon Leibowitz
                                                     Federal Trade Commission
                                                     Washington, DC

                                                     Montserrat Miller
                                                     Counsel to Senator Diane Feinstein
                                                     Senate Judiciary Committee
                                                     Washington, DC

                                                     Jessica Rich
                                                     Bureau of Consumer Protection
                                                     Federal Trade Commission
                                                     Washington, DC

1:30 – 3:00 pm   Cutting Edge Antitrust Compliance Programs: Objectives, Technologies,
BALLROOM,        and Ethics presented by the Compliance and Ethics Committee
                 Implementing compliance and ethics programs and training, including on-line
                 technologies, in the global competition arena. Position the company for a
                 "clean" corporate culture day to day and for credible consideration by enforcers,
                 regulators and sentencing courts in multiple jurisdictions.

                 Session Co-Chairs:                  Ray V. Hartwell, III
                                                     Hunton & Williams LLP
                                                     Washington, DC

                                                     Mary Erin Mariani
                                                     Corporate Counsel
                                                     E. I. du Pont de Nemours and Company
                                                     Wilmington, DE

                 Moderator:                          Robert E. Hauberg, Jr.
                                                     Baker Donelson
                                                     Washington, DC

                 Speakers:                           Lisa E. Chismire
                                                     E. I. du Pont de Nemours and Company
                                                     Wilmington, DE

                                                     Honorable Michael E. Horowitz
                                                     United States Sentencing Commission
                                                     Washington, DC

                                                     Paul Yde
                                                     Freshfields Bruckhaus Deringer LLP
                                                     Washington, DC

1:30 – 3:00 pm   Dagher and Illinois Tool Works: The Supreme Court Steps In presented by
SALONS D & E     the Intellectual Property, Sherman Act Section 1 and Sherman Act Section 2

                 The Supreme Court this Term will decide two Sherman Act cases, Dagher and
                 Illinois Tool Works, in which the Court will address recurring issues regarding
                 joint venture analysis and intellectual property. Moreover, how the Supreme
                 Court decides these cases may impact the direction of antitrust jurisprudence in
                 the twenty-first century.

                 Session Co-Chairs:                  Mary Anne Mason
                                                     Hogan & Hartson LLP
                                                     Washington, DC

                                                     Mark S. Popofsky
                                                     Kaye Scholer LLP
                                                     Washington, DC

                 Moderator:                          Susan A. Creighton
                                                     Washington, DC

                 Speakers:                           Thomas P. Brown
                                                     Visa U.S.A., Inc.
                                                     San Francisco, CA

                                                     Roy T. Englert, Jr.
                                                     Robbins Russell Englert Orseck &
                                                     Washington, DC

                                                     Kevin D. McDonald
                                                     Jones Day
                                                     Washington, DC

                                                     Stephen F. Ross
                                                     University of Illinois College of Law
                                                     Champaign, IL

1:30 – 3:00pm   What's a Dominant Firm to Do? presented by the Intellectual Property,
SALON IV        International and Sherman Act Section 2 Committees
                With the European Commission developing possible guidelines on dominant-
                firm conduct, Microsoft challenging the restrictions placed on it by the EC,
                Coca-Cola promising to curb its marketplace behavior in Europe, courts
                announcing decisions such as Dentsply, Canada Pipe, Michelin II, and British
                Airways, and scholars battling over the proper test for abuse of dominance, this
                is a critical time to examine the way in which countries around the world are
                treating conduct by monopolists and dominant firms. This panel begins with a
                discussion of the EC’s new discussion paper, and opens up to broader
                perspectives from around the world.

                Session Co-Chair:                   Kenneth Glazer
                                                    The Coca-Cola Company
                                                    Atlanta, GA

                Session Co-Chair and                Randolph W. Tritell
                Moderator:                          Federal Trade Commission
                                                    Washington, DC

                Speakers:                           George Addy
                                                    Davies Ward Phillips & Vineberg LLP
                                                    Toronto, Ontario

                                                    Michael Albers
                                                    Directorate General for Competition
                                                    European Commission
                                                    Brussels, Belgium

                                                    Vani Chetty
                                                    Edward Nathan
                                                    Johannesburg, South Africa

                                                    David Wood
                                                    Gibson Dunn & Crutcher LLP
                                                    Brussels, Belgium

1:30 –5:00 pm    Mock Trial presented by the Trial Practice Committee
NATIONAL PRESS   In this Rule of Reason trial between Infinite Interiors (an interior design
CLUB             firm) and defendants Mitchell’s Crafts and Blue Danube, a “real” jury will be
                 asked to decide whether any anticompetitive effects of a joint sales venture
                 between a bricks-and-mortar company and an on-line merchant outweigh any
                 procompetitive benefits. The lawyers will present opening statements, examine
                 and cross-examine fact and expert (economic) witnesses, and offer closing
                 arguments. A Federal Judge will preside. The audience will observe the jury
                 deliberate via “live” closed circuit television, after which the Judge, jury and
                 lawyers will answer questions and offer comments.

                 Trial Co-Chairs and                 William J. Blechman
                 Moderators:                         Kenny Nachwalter PA
                                                     Miami, FL

                                                     Michael A. Lindsay
                                                     Dorsey & Whitney LLP
                                                     Minneapolis, MN

                 Presiding Judge:                    Honorable Gerald Tjoflat
                                                     U.S. Court of Appeals for the Eleventh
                                                     Jacksonville, FL

                 Trial Lawyers:                      Craig D. Bachman
                                                     Lane Powell PC
                                                     Portland, OR

                                                     Beth H. Parker
                                                     Bingham McCutchen LLP
                                                     San Francisco, CA

                                                     Steven Alan Reiss
                                                     Weil Gotshal & Manges LLP
                                                     New York, NY

                                                     Stuart H. Singer
                                                     Boies Schiller & Flexner LLP
                                                     Fort Lauderdale, FL

                 Economists:                         Lauren Stiroh
                                                     NERA Economic Consulting
                                                     White Plains, NY

                                                     Darrell Williams
                                                     LECG, Inc.
                                                     Los Angeles, CA

                Fact Witnesses:                     Alesia Pinney
                                                    Vice President, Legal and Human Affairs
                                                    Bellevue, WA

                                                    David Zapolsky
                                                    Associate General Counsel
                                                    Seattle, WA

3:15 –5:00 pm   Dealing with the Civil Damage Liability of a Corporate Amnesty Applicant
SALONS F & G    and a Pleading Corporate Defendant in an International Cartel
                Investigation presented by the Criminal Practice and Procedure and Sherman
                Act Section 1 Committees
I and L
                This panel will discuss the civil defense options and strategies faced by
                corporate defendants that have obtained amnesty or pled guilty to criminal
                charges and the impact of the 2004 “de-trebling” legislation on plaintiffs’ and
                defendants’ strategies.

                Session Co-Chairs:                  James M. Griffin
                                                    King & Spalding LLP
                                                    Washington, DC

                                                    Lynda K. Marshall
                                                    Hogan & Hartson LLP
                                                    Washington, DC

                Moderator:                          M.J. Moltenbrey
                                                    Freshfields Bruckhaus Deringer LLP
                                                    Washington, DC

                Speakers:                           Michael D. Hausfeld
                                                    Cohen Milstein Hausfeld & Toll PLLC
                                                    Washington, DC

                                                    John R. Pendergast
                                                    Degussa Corporation
                                                    Beachwood, Ohio

                                                    Gary R. Spratling
                                                    Gibson Dunn & Crutcher LLP
                                                    San Francisco, CA

                                                    Kevin R. Sullivan
                                                    King & Spalding LLP
                                                    Washington, DC

3:15 – 5:00 pm   Hot Topics
                 Antitrust policy, enforcement, and litigation change every day with vital issues
                 constantly surfacing. The Hot Topics session will focus on today’s news and
                 tomorrow’s trends and keep you ahead of it all. Additional information will be
                 made available on the web closer to the conference.

                 Session Chair:                      Jeffrey A. LeVee
                                                     Jones Day
                                                     Los Angeles, CA

                 Speakers:                           Lee A. Freeman, Jr.
                                                     Freeman Freeman & Salzman
                                                     Chicago, IL

                                                     Mark L. Kovner
                                                     Kirkland & Ellis LLP
                                                     Washington, DC

                                                     John M. Majoras
                                                     Jones Day
                                                     Washington, DC

                                                     Martha Samuelson
                                                     Analysis Group
                                                     Boston, MA

SALONS D & E     The Tenth Anniversary of the Healthcare Guidelines presented by the Health
                 Care Industry Committee

                 In the 1990s, the efforts of the DOJ and FTC to offer Guidelines on healthcare
                 were controversial. The Guidelines the agencies issued were twice revised but
                 have now gone unchanged for more than a decade. As healthcare changes
                 dramatically with increased consolidation of insurance companies and hospitals,
                 new forms of vertical and horizontal alliances, rapidly increasing healthcare
                 costs and new forms of regulation, this program will attempt to assess the
                 continuing significance of the Guidelines, including whether they are up to date,
                 fulfilling their purpose, or should be modified.

                 Session Co-Chairs and               David A. Balto
                 Moderators:                         Robins Kaplan Miller & Ciresi
                                                     Washington, DC

                                                     Toby G. Singer
                                                     Jones Day
                                                     Washington, DC

                 Speakers:                           Mark J. Botti
                                                     U.S. Department of Justice

                                                     Antitrust Division
                                                     Washington, DC

                                                     Thomas L. Greaney
                                                     University of St. Louis School of Law
                                                     St. Louis, MO

                                                     Honorable Pamela Jones Harbour
                                                     Federal Trade Commission
                                                     Washington, DC

                                                     Robert F. Leibenluft
                                                     Hogan & Hartson LLP
                                                     Washington, DC

3:15 – 5:00 pm   Update on U.S. Antitrust Modernization presented by the Task Force on
BALLROOM,        Antitrust Modernization
                 Following months of hearings, the Antitrust Modernization Commission is
                 deliberating issues such as repeal of Robinson-Patman, dual enforcement, the
                 right of contribution, statutory exemptions, the reach of the FTAIA, the antitrust
                 rules in a new economy, merger enforcement, and more. This program will
                 provide an update on the Commission’s activities and offer insights into the
                 Commission’s upcoming report to Congress.

                 Session Chair and                   Roxane C. Busey
                 Moderator:                          Baker & McKenzie LLP
                                                     Chicago, IL

                 Speakers:                           Joseph Angland
                                                     Heller Ehrman LLP
                                                     New York, NY

                                                     Deborah A. Garza
                                                     Fried Frank Harris Shriver & Jacobson LLP
                                                     Washington, DC

                                                     Ronan P. Harty
                                                     Davis Polk & Wardwell
                                                     New York, NY

                                                     John H. Shenefield
                                                     Morgan Lewis & Bockius LLP
                                                     Washington, DC

                                                     Debra A. Valentine
                                                     United Technologies Corporation
                                                     Hartford, CT

7:30 – 10:00 pm Spring Dinner
GRAND BALLROOM Doris Kearns Goodwin, world-renowned historian, will be joining us for the
                Section Dinner. She has been reporting on politics and baseball for over two
                decades, is the author of several books and has written for leading national
                publications. She is a commentator for NBC, and a consultant and on-air person
                for PBS documentaries on Lyndon B. Johnson, the Kennedy Family, Franklin
                Roosevelt, and Ken Burns’ The History of Baseball. Her most recent work, is a
                monumental history of Abraham Lincoln and his cabinet, entitled Team of
                Rivals: The Political Genius of Abraham Lincoln (Oct. 2005), hit the best-seller
                list on its first week in publication. Please join Mrs. Goodwin and your
                colleagues for a memorable evening.


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