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Antitrust Law & Litigation VI
The Sixth Annual Sedona Conference on Antitrust Law & Litigation will have two, primary foci: (1) the role of economics in antitrust; and (2) mergers. With a mix of private practitioners, judges, academics and government enforcers, we hope that our dialogue can help put these two critical areas of antitrust law in clearer focus in a way that can contribute to the reasoned and just development of the law. The draft output of our Working Group on the Role of Economics in Antitrust will be previewed and critiqued during the Conference.
Agenda 
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Day One: Thursday, Nov 04
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Session |
Panelists |
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08:00-08:30
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Continental Breakfast
Guests welcome.
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08:30-09:00
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Overview of Program
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Braman,
Shulman
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09:00-09:30
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Economics & Antitrust Working Group
A description of the process and the product of The Sedona Conference Working Group on Economics & Antitrust
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Hubbard,
Koob,
Shulman
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09:30-10:15
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The appropriate use of economic evidence in connection with case management, motions to dismiss, and discovery disclosures (Rules 16, 12, & 26)
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Baker,
Comanor,
Hubbard,
Judge Rosenbaum
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10:15-10:30
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Morning Break
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10:30-11:15
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Class Certification and Rule 56
The appropriate use of economic evidence in connection with motions for class certification and motions for summary judgment
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Baker, J.,
Baker,
Batts,
Butler,
Fisher
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11:15-12:00
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Daubert and Rule 702
Putting appropriate limits on economic evidence in antitrust litigation
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Arquit,
Balto,
Fisher,
Peterson,
Judge Rosenbaum,
Werden
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12:00-12:30
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Lunch
Provided.
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12:30-01:15
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Trial of an Antitrust Case
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Judge Rosenbaum
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01:15-02:00
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Injury to Competition
What is it; when is it required; and how is it proved with economic evidence?
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Arquit,
Doyle,
Koob,
Kovacic,
Rosenthal
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02:00-02:45
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Proof of Concerted Action
The appropriate use of economic evidence in determining whether parallel conduct is or is not the product of agreement
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Baker, J.,
Batts,
Comanor,
Shulman,
Werden
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02:45-03:00
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Afternoon Break
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03:00-03:45
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Market Definition
An inquiry into when market definition is required, when it is not, and how economic evidence should be used
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Balto,
Comanor,
Doyle,
Fisher,
Peterson,
Werden
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03:45-04:30
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In Limine and Trial
Best practices for effective and intelligible use of economic evidence at trial
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Alioto,
Batts,
Butler,
Koob,
Judge Rosenbaum
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04:30-05:30
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Final Thoughts on the Working Group Report
An open discussion providing a final critique and suggestions for improvement
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Shulman
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05:30-07:15
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Champagne and hors d’oeuvres Reception with Faculty
Guests welcome.
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Day Two: Friday, Nov 05
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| Time |
Session |
Panelists |
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07:30-08:00
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Continental Breakfast
Guests welcome.
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08:00-08:15
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Overview of Today's Session
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Doyle,
Shulman
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08:15-10:00
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United States Merger Enforcement
An overview of merger review and enforcement by the United States Government, including the Merger Guidelines, emerging trends, and hot issues
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Baker,
Balto,
Batts,
Doyle,
Kovacic,
Werden
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10:00-10:15
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Morning Break
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10:15-12:00
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International Enforcement
A discussion of differences and similarities between international and United States merger review and enforcement
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Arquit,
Comanor,
Kovacic,
Peterson,
Werden
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12:00-12:30
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Lunch
Provided.
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12:30-01:00
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State of the Antitrust Laws
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Alioto
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01:00-01:45
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Private Merger Litigation
The role of private litigants in bringing suit against mergers, including issues of standing, remedy, and proof
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Alioto,
Balto,
Batts,
Hubbard,
Koob
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01:45-02:30
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Joint Ventures: Government and private enforcement, including a review of Dagher v. Saudi Refining
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Alioto,
Butler,
Comanor,
Kovacic,
Rosenthal,
Shulman
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Panelists
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Chair
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Daniel R.
Shulman
Gray Plant Mooty, Minneapolis, MN
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Faculty
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Joseph M.
Alioto
Alioto Law Firm, San Francisco, CA
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Kevin J.
Arquit
Simpson Thacher & Bartlett, New York City, NY
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Jonathan B.
Baker
Washington College of Law, Washington, D.C.
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Tyler A.
Baker
Fenwick & West, Mountain View, CA
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David A.
Balto
Center for American Progress, Washington, DC
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Alicia J.
Batts
Foley & Lardner, Washington, D.C.
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Patricia G.
Butler
Howrey LLP, Washington, D.C.
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Professor
William
Comanor
Comanor & Smiley, Los Angeles, CA
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Robert W.
Doyle, Jr.
Sheppard Mullin, Richter & Hampton LLP, Washington, D.C.
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Franklin M.
Fisher, Ph.D.
Jane Berkowitz Carlton and Dennis William Carlton Professor of Microeconomics, Emeritus, Massachusetts Institute of Technology, Cambridge, MA
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Robert L.
Hubbard
New York Attorney General's Office, New York, NY
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Charles E.
Koob
Simpson Thacher & Bartlett, New York City, NY
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William
Kovacic
Office of the General Counsel, Federal Trade Commission, Washington, D.C.
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Carol
Peterson
3M Office of the General Counsel, St. Paul, MN
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The Hon.
James M.
Rosenbaum
U.S. District Court, District of Minnesota, Minneapolis, MN
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Douglas E.
Rosenthal
Constantine Cannon, Washington, D.C.
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Gregory J.
Werden
U.S. Department of Justice, Washington, D.C.
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