Roundtable on Anticompetitive Regulations: Thursday, May 31, 2018

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Roundtable Information

The third roundtable in the series assessed the consumer costs of anticompetitive regulations. Where regulation requires centralized decisions that can depart from the dynamic realities of the market and supplant free market processes, regulation poses a threat to competition and the ability of antitrust enforcement to fully protect consumers and innovation. This roundtable considered the costs of supplanting competition with regulation, the lessons of past deregulation, and the best tools and approaches to minimize the anticompetitive effects of regulations.

Date and Location

May 31, 2018
10:30 a.m.–1:30 p.m. EST

Room 7411
Robert F. Kennedy Department of Justice Building
950 Pennsylvania Avenue, NW
Washington, DC 20530

Roundtable Agenda

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Event videos: Part 1 | Part 2

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Event transcripts: Part 1 | Part 2


10:30 a.m.

Opening Remarks

Makan Delrahim, Assistant Attorney General for Antitrust

10:45 a.m.

Introductions and Statements from Roundtable Participants

11:30 a.m.

Session 1

The Consumer Costs of Regulation and the Lessons from Deregulation. This session will focus on our nation’s experiences with regulation and the different approaches we have adopted over time. There is a vast academic literature focused on quantifying the costs of economic regulation and the benefits of deregulation from lower prices (or rates or fares), better products, greater innovation, and more efficient industries. Building off those insights, this session will consider how federal and state policymakers should account for the potential anticompetitive effects of regulation.

12:30 p.m.

Session 2

Regulation and Barriers to Entry. Since the deregulatory wave that started nearly half a century ago, many of the remaining regulations are designed to control, restrict, or prevent entry, insulating incumbent interests from competition and innovation or, at least, having the effect of making entry substantially more difficult. This session will consider the appropriate role of antitrust enforcers in efforts to bring more competition to markets still subject to regulatory barriers.

1:15 p.m.

Closing Statements from Roundtable Participants

Roundtable Participant Statements

American Bar Association, Section of Antitrust Law: Thomas Zych

American Antitrust Institute: Richard Brunell

Association of Corporate Counsel: Mary Blatch

Cato Institute: Ryan Bourne

Consumers Union: George Slover

National Diversity Coalition: Steven Sugarman

Open Markets: Lina Khan

Public Knowledge: John Bergmayer

University of Pennsylvania School of Law: Christopher Yoo

U.S. Chamber of Commerce: Gail Levine

Public Comment Submissions

The Department of Justice welcomed comments in advance of each of the roundtables. The Department accepted public comments (not to exceed 20 pages) regarding the third roundtable until May 30, 2018. The comment period is now closed.

REG3-0001 Robert M. Langer

REG3-0002 Center for Individual Freedom

REG3-0003 Wine & Spirits Wholesalers of America and American Beverage Licensees

REG3-0004 Boyden Gray & Associates, PLLC

REG3-0005 Global Antitrust Institute

REG3-0006 Scott Cleland

REG3-0007  National Association of REALTORS®

REG3-0008 National Association of Broadcasters

REG3-0009 National Council of Farmer Cooperatives

Privacy and confidentiality: Written submissions and the identity of the submitter may be disclosed, reproduced, and distributed by publication and/or posting on the Department of Justice website, at the discretion of the Department of Justice. Information that is submitted in connection with this event cannot be maintained as confidential by the Department of Justice. Written submissions should not include any information that the submitting person seeks to preserve as private or confidential.

Updated June 24, 2020

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