Roundtable on Antitrust Consent Decrees: Thursday, April 26, 2018

AAG Makan Delrahim start off the second Antitrust Roundtable on Regulation and Antitrust Law with Douglas Rathbun and Barry Nigro

The second roundtable will focus on antitrust consent decrees, including the regulatory nature of consent decrees that involve behavioral remedies.  The Antitrust Division has identified nearly 1,300 perpetual consent decrees still in effect, some over 100 years old.  The roundtable will consider the propriety of such consent decrees and their role in a dynamic market economy.

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Registration

The second roundtable in the series will take place in Room 7411 of the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, D.C. from 10:00 a.m. to 1:00 p.m. EST.

April 26, 2018 Registration

Public Comment Submission

The Department of Justice welcomes comments in advance of each of the roundtables. The Department will accept public comments (not to exceed 20 pages) regarding the second roundtable until April 25, 2018.  Interested parties may submit comments to: CompReg2@usdoj.gov (for the roundtable on April 26th). Submitted comments will be made publicly available on this website.

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 Web site, at the discretion of the Department of Justice. Information that is submitted in connection with this workshop 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.

Roundtable Agenda

The second roundtable in the series will take place in Room 7411 of the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, D.C. from 10:00 a.m. to 1:00 p.m. EST on April 26, 2018.  The agenda and participant statements for this roundtable will be updated on this webpage as they become available. 

View Photos of the Event
View Transcript of the Workshop Part 1
View Transcript of the Workshop Part 2
View Video of the Workshop Session 1
View Video of the Workshop Session 2

10:00 a.m.

Opening Remarks: Assistant Attorney General Makan Delrahim

10:20 a.m.

Introductions and Statements from Roundtable Participants

11:00 a.m.

Session 1 – Behavioral Consent Decree Provisions

This session will explore two main issues:  first, how consent decrees have been used, what the trends are, and what we have learned from trying various approaches, including the differences between structural and behavioral forms of relief; second, how antitrust enforcement should employ consent decrees going forward.  Much of this discussion may focus on perceived changes in the Antitrust Division’s revisions of its policies on merger remedies as well as the commentary and literature regarding specific behavioral remedies in both non-merger and merger settlements, for vertical and horizontal mergers.

12:00 p.m.

Break

12:15 p.m.

Session 2 – The Usefulness of Perpetual Consent Decrees, and Terminating Outdated Decrees. 

We will examine what effects perpetual decrees have on market competition.  This may include a discussion of how companies subject to perpetual decrees adjust their business conduct versus how they would do business not subject to the decree, or subject to a time-limited one, and the role industry reliance on a decree should play with respect to the decision to eliminate or retain a perpetual decree.  This session may consider specific perpetual consent decrees, but also broader questions of the effects that perpetual decrees can have in the marketplace.  In addition, this session may discuss the Division’s Judgment Review Project and the considerations the Division should apply  in determining whether a consent decree should be terminated or retained.

12:45 p.m.

Closing Statements from Roundtable Participants

Roundtable Participants Statements:

American Bar Association, Section of Antitrust Law: Jon Jacobson

American Antitrust Institute: Diana Moss

American Enterprise Institute: Jeffrey Eisenach

Consumers Union: George Slover

Open Markets Institute: Brian Feldman

Public Knowledge: Meredith Rose

U.S. Chamber of Commerce: David Wales

Public Comments:

REG2-0001 Phoenix Center

REG2-0002 Global Antitrust Institute

REG2-0003 CCIA

REG2-0004  Dan Ducore

Updated August 22, 2018

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