Single-Firm Conduct and Antitrust Law

November 2006 Agenda

The Antitrust Division and the Federal Trade Commission (FTC) cohosted hearings on single-firm conduct and antitrust law in 2006 and 2007. This page provides the November 2006 agenda.

For more information, consult the hearings information page or contact the Legal Policy Section at singlefirmconduct@usdoj.gov.

November 1: Tying
(9:30 AM - 1:00 PM)

• David Evans, Visiting Professor, Faculty of Laws, at University College London and Vice Chairman of LECG Europe (Biography)

• Robin Cooper Feldman, Associate Professor of Law at Hastings College of the Law, University of California (Biography)

• Mark Popofsky, Adjunct Professor at Georgetown University Law Center and a Partner at Kaye Scholer LLP (Biography)

• Donald J. Russell, Partner at Robbins, Russell, Englert, Orseck, & Untereiner LLP (Biography)
• Presentation: Tying Should Be Analyzed Under the Rule of Reason


• Michael Waldman, Charles H. Dyson Professor of Management and a Professor of Economics at Cornell University (Biography)
• Presentation: Theories of Tying and Implications for Antitrust


• Robert D. Willig, Professor of Economics and Public Affairs at Princeton University’s Woodrow Wilson School, a Director of Competition Policy Associates Inc., and a Former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division (Biography)
• Presentation: (Allegedly) Monopolizing Tying Via Product Innovation

Participant presentations and session transcript for November 1

November 15: Exclusive Dealing
Morning Session
(9:30 AM - 12:00 PM)

These sessions will be held at the FTC’s Conference Center at 601 New Jersey Ave., NW, Washington, DC, Conference Room A.

• Jonathan M. Jacobson, Partner at Wilson Sonsini Goodrich & Rosati, and Commissioner of the Antitrust Modernization Commission (Biography)
• Presentation: A General Test for Exclusionary Conduct? The Case of Exclusive Dealing Agreements


• Howard P. Marvel, Professor of Economics, Department of Economics, at Ohio State University, and Professor of Law at the Michael E. Moritz College of Law, Ohio State University (Biography)
• Presentation: Exclusive Dealing


• Richard M. Steuer, Partner at Mayer, Brown, Rowe, & Maw LLP (Biography)
• Presentation: Exclusive Dealing


• Mary W. Sullivan, Assistant Professor of Accountancy at George Washington University (Biography)
• Presentation: Slotting Allowances and Payola: Do They Deserve Different Regulatory Treatment?


• Joshua D. Wright, Assistant Professor of Law at George Mason University School of Law (Biography)
• Paper: Antitrust Analysis of Category Management: Conwood v. United States Tobacco
• Paper: The Economics of Slotting Contracts
• Presentation: Antitrust Analysis of Slotting Allowances and Category Management Contracts

Afternoon Session
(1:30 PM - 4:00 PM)

• Stephen Calkins, Professor of Law and the Director of Graduate Studies at Wayne State University Law School, Counsel at Covington & Burling LLP, and Former General Counsel of the Federal Trade Commission (Biography)

• Joseph Farrell, Professor of Economics at the University of California, Berkeley, and a Former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division (Biography)
• Presentation: Exclusive Dealing: Substance and Process


• Benjamin Klein, Professor Emeritus, Department of Economics, at the University of California, Los Angeles (Biography)
• Procompetitive Justifications for Exclusive Dealing: Preventing Free-Riding and Creating Undivided Dealer Loyalty (Paper, Presentation)



• Abbott (Tad) Lipsky, Partner at Latham & Watkins LLP, and a Former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division (Biography)

Participant presentations and session transcript for November 15

November 29: Loyalty Discounts
Morning Session
(9:30 AM - 12:00 PM)

These sessions will be held at the FTC’s Conference Center at 601 New Jersey Ave., NW, Washington, DC, Conference Room C.

• Joseph Kattan, Partner at Gibson, Dunn & Crutcher LLP (Biography)
• Thomas Lambert, Associate Professor of Law at the University of Missouri School of Law (Biography)
• Presentation: Antitrust Analysis of Bundled Discounts
• Barry Nalebuff, Milton Steinbach Professor of Management at the Yale University School of Management (Biography)
• Presentation: Loyalty Rebates
• David Sibley, John T. Stuart III Centennial Professor in Economics at the University of Texas at Austin and a Former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division (Biography)
• Paper: An Antitrust Analysis of Bundled Discounts

Afternoon Session
(1:30 PM - 4:00 PM)

• Daniel A. Crane, Associate Professor of Law at the Yeshiva University Benjamin N. Cardozo School of Law (Biography)
• Timothy J. Muris, George Mason University Foundation Professor of Law, Of Counsel at O’Melveny & Myers LLP, and a Former Chairman of the Federal Trade Commission (Biography)
• Janusz Ordover, Professor of Economics at New York University and a Former Deputy Assistant Attorney General at the Department of Justice’s Antitrust Division (Biography)
• Paper: All-Units Discounts in Retail Contracts
• Paper: Exclusionary Discounts
• Presentation: Economics of Loyalty Rebates: Where Are We Now?
• Willard K. Tom, Partner at Morgan, Lewis & Bockius LLP and a Former Deputy Director of the Federal Trade Commission’s Bureau of Competition (Biography)

Participant presentations and session transcript for November 29