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Event Description

The FTC held hearings to address whether there have been broad-based changes in the contemporary competitive environment that require any adjustments in antitrust and consumer protection enforcement in order to keep pace with those changes.

The core provisions of antitrust and consumer protection law serve as effective tools against the exercise of unrestrained private economic power and the deception and abuse of consumers. Enforcement that results in vigorous competition in domestic markets also best facilitates international competitiveness and advancements in innovation-driven industries. Nonetheless, some have argued that the globalization of the economy and the increasingly rapid rate of technological change are making certain aspects of antitrust an unnecessary impediment to the ability of U.S. companies to compete internationally. Concerns also have been expressed that antitrust needs to adjust to ensure that consumers are not the victims of new anticompetitive strategies available in innovation-driven markets.

To ascertain whether antitrust and consumer protection law will continue to protect the operation of the free market and unimpeded consumer choice, the FTC examined whether adaptations in the enforcement of those laws are warranted in light of changes in the nature of global and innovation-based competition.

To varying degrees, more rapid innovation, increased and more rapid communication among and within firms, the expansion of free markets, privatization of companies and industries, lower shipping costs, the greater tendency of firms to operate worldwide, deregulation and cost containment pressures have contributed to an increase in global competition and to transitions in the structures of particular industries. The FTC examined how these changes in the competitive environment have affected U.S. consumers and U.S. firms. In asking the public what areas of the antitrust and consumer protection laws deserve review, the FTC anticipated exploring:

  • Whether antitrust's traditional approach to defining a relevant market and measuring market power fully accounts for global competition.
  • Whether antitrust analysis can improve its ability to assess the likelihood of entry by foreign firms into particular markets.
  • Whether antitrust enforcers can improve how they define the scope of and measure market power in innovation markets, such as those involving research and development.
  • How antitrust can maximize the likelihood of realizing beneficial efficiencies and minimize the likelihood of injuring consumers from an increase in market power when agencies review mergers, joint ventures, or network-type operations that have apparent efficiencies. When should antitrust concerns with undue increases in market power trump claims of increased efficiency?
  • Whether antitrust enforcers should permit an otherwise illegal merger if the merger would significantly cut the costs or improve the quality and effectiveness of innovation efforts.
  • Whether U.S. merger analysis should revise its approach to corporate failure and distressed industry conditions. Would shareholders, creditors and workers be better off if agencies, in analyzing mergers, tried to facilitate the transition of salvageable firms to a stronger market position, particularly when the companies involved compete in foreign markets or face vigorous foreign competition in domestic markets?
  • Whether there are particular regulatory barriers that unduly impair the ability of small firms to compete in a global environment.
  • How antitrust analysis should balance the incentive to innovate that intellectual property protection creates with the disincentive to innovate that might occur if enforcers were to require a firm to provide access to its otherwise protected property (for example, when that property becomes the industry standard).
  • Whether networks, such as those in banking or computer systems, or de facto industry standards may foreclose competition in some circumstances and whether antitrust enforcement should protect the ability of competitors to access or benefit from another firm's network or standard.
  • Whether international consumer protection standards are needed to address the increase in fraud or consumer harm likely to stem from the burgeoning number of cross-border consumer transactions.
  • What institutional processes the FTC itself should adopt to better protect consumers and promote competition, given the realities of global competition and rapid innovation.

These hearings were devoted to assessing whether antitrust and consumer protection enforcement require adjustments in order to keep up with changes in competitive circumstances as we approach the 21st century. The central principles of antitrust and consumer protection law continue to ensure that competition is maintained and that consumers are provided with the truthful, nondeceptive information necessary to make informed choices. Indeed, there is general agreement that antitrust and consumer protection enforcement ensuring the preservation of vigorous competition in domestic markets best facilitates international competitiveness and advancements in innovation-driven industries. Questions have been raised, however, as to whether antitrust and consumer protection enforcement should make adjustments to account for changes in the nature of global and innovation-based competition.

The Commission examined its role in enforcing antitrust and consumer protection laws in light of the above issues. The Commission expected that the hearings will provide the information necessary to determine what, if any, adjustments may be desirable. It should be kept in mind that simply raising an issue does not indicate that any change is necessary or appropriate. Following the hearings, the Commission intended to issue a report, which may indicate changes it intends to adopt or areas for further study or coordinated action with the Department of Justice.

  1. What Changes in the Nature of Competition Have Taken Place, and What Changes in Antitrust or Consumer Protection Approaches Might Be Appropriate in Response?
  2. Are There Additional Market Definition Techniques That Might be Appropriate In Order to Account Fully for Global Competition and Innovation Concerns?
  3. How Should Antitrust Enforcers Assess the Likelihood of Entry in Light of Global Competition and Innovation Issues?
  4. Does Current U.S Antitrust Analysis Adequately Take Into Account Efficiencies in Merger and Nonmerger Areas in Light of Global Competition and Innovation?
  5. What Are The Merits and Demerits of the Current Antitrust Treatment of Failing Firms or Distressed Industries?
  6. Do Current Antitrust and Consumer Protection Regimes Operate So As Not to Impair Unnecessarily the Ability of Small Businesses to Compete in a Changing Global, Innovation-Based Economy?
  7. What Is the Optimal Relationship of Antitrust to Intellectual Property Law in Light of Global Competition and Innovation?
  8. How Should Antitrust Enforcers Assess Foreclosure, Access and Efficiency Issues Related to Networks and Standards?
  9. What Other Types of Strategic Conduct Are Possible in the Context of Innovation-Based Competition? How Should Antitrust Assess Such Conduct?
  10. What New Consumer Protection Issues Are Emerging In A Global, Innovation-Based Marketplace?
  11. What Institutional Processes Will Help the FTC To Attain Its Goals?

This agenda is a draft and has not received Commission approval.

  • Global and Innovation-Based Competition

    • Opening (Oct 12 | Oct 17)
    • Market Definition, Market Power and Entry in Light of Global Competition ( Oct 18 | Oct 19)
    • Market Definition, Market Power and Entry and Collaboration in Innovation Markets (Oct 23 | Oct 24 | Oct 25)
    • Innovation or Dynamic Efficiencies Obtained Through Collaboration (Oct 26)
    • Efficiencies (General) (Nov 02)
    • Efficiences in Light of Global Competition and Innovation (Nov 07)
    • Small Business' Ability to Compete in a Changing Global, Innovation-Based Economy (Nov 08)
    • Failing Firms in Light of Global Competition (Nov 14 | Nov 15)
    • Networks, Standards, Foreclosure, Strategic Conduct (Nov 29)
    • How Should Antitrust Enforcers Assess Foreclosure, Access and Efficacy Issues Related to Networks and Standards? ( Nov 30)
    • Horizontal and Vertical Issues Related to Networks and Standards ( Dec 01)
    • Whether Antitrust Enforcers Should Adjust Current Enforcement Policy Regarding Efficiences Dec 05
    • What Institutional Processes Will Help the FTC to Attain Its Goals? (Dec 12 | Dec 13)

    FTC's Consumer Protection Role in the Emerging High-Tech Global Marketplace

    • Welcome and Opening Statements (Nov 16)
    • Panel Discussions:
      Panel 1: The Changing Marketplace: An Historical Perspective
      Panel 2: The Changing Role of Television in Marketing
      Panel 3: The Changing Role of the Telephone in Marketing (Nov 17)
      Panel 4: Telephone and Payment Technologies: Emerging Issues
      Panel 5: The Newest Medium for Marketing: Cyberspace (Nov 20)
      Panel 6: Privacy in Cyberspace
      Panel 7: Globalization of the Marketplace: Cross Border Fraud (Nov 21)
      Panel 8: International Trade and Consumer Protection Issues

    _______________________________

    Day 1 (Oct. 12) (Thurs.) OPENING

    9:00 a.m. - 9:45 a.m.
    The Importance of Competition to U.S. Competitiveness in a Global Economy

    The Honorable Robert Pitofsky, Chairman of the FTC (Prepared Remarks)
    The Honorable Joseph E. Stiglitz, Chairman, Council of Economic Advisors

    10:00 a.m. - 11:30 a.m.
    How Firms Are Adapting to Changing Competitive Conditions; Whether Antitrust Law Impedes the Ability of U.S. Firms to Compete Vigorously and to Innovate

    Lewis E. Platt, Chairman, President and CEO, Hewlett-Packard Co.
    Sanford M. Litvack, Senior Executive Vice President and Chief of Corporate Operations, The Walt Disney Co.
    Ryal R. Poppa, Chairman, President and CEO, StorageTek

    1:30 p.m. - 3:00 p.m.
    Should Antitrust Enforcers Adjust Their Enforcement Policy In Light of Changes Stemming From Global and Innovation-Based Competition?

    Professor Kenneth W. Dam, Univ. of Chicago Law School
    James F. Rill, Collier, Shannon, Rill, & Scott; former Ass't Att'y General Antitrust, DOJ

    Day 2 (Oct. 17) (Tues.)

    PM: How Firms Are Adapting -- And Whether Antitrust Needs to Adapt -- to Changing Industry Conditions of Competition (1:00 pm - 3:00 pm)

    Benjamin W. Heineman, Jr., Sr. Vice President, General Counsel and Secretary, General Electric Co.
    Dr. William Coyne, Vice President, Research and Development, 3M Corp., Novell Corp.
    Thomas B. Leary, Hogan & Hartson

    Day 3 (Oct. 18) (Wed.)

    Market Definition, Market Power and Entry in Light of Global Competition

    AM: How Businesses View Their Markets; The Extent to Which Geographic Location is Significant to Competition (9:30 am - 12:00 pm)

    Professor David Weil (Boston Univ.) Sloan Foundation Textile Study
    Professor Daniel Roos (MIT) Sloan Foundation Auto Study
    Abbott B. Lipsky, Jr. (The Coca-Cola Company)
    Richard Rogers (Nat'l. Ass'n of Manufacturers; Ford Motor Company)

    PM: How Do Difficulties in Obtaining Evidence From Abroad Affect Market Definition Issues? Who Should Bear the Consequences of Failure to Obtain Relevant Evidence? (1:30 pm - 3:30 pm)

    James R. Atwood (Covington & Burling)
    John D. Briggs, III (Howrey & Simon)
    Michael L. Weiner (Skadden, Arps, Meagher & Flom)
    Joseph Winterscheid (Jones, Day, Reavis & Pogue)

    Day 4 (Oct. 19) (Thurs.) Market Definition, Market Power and Entry in Light of Global Competition (cont'd)

    AM: How Businesses Compete in a Global, Innovation-Based Economy; The Role of Imports and When Location Matters for Businesses, Customers or Suppliers (9:30 am - Noon)

    Professor Richard Fruehan (Carnegie-Mellon)
    Sloan Foundation Steel Study Terence W. Faulkner (Kodak)
    Professor Anthony M. Santomero (Univ. of Penn.) Sloan Foundation Financial Services Study
    Thomas R. Howell (Dewey Ballantine; Coalition for Open Trade)

    PM: How Should Antitrust Assess the Role of Imports in Markets? Does Current FTC Practice Capture the Dynamics of Global Markets, or Should Modifications to Current Practice Be Considered? Which Modifications and Why? (1:30 pm - 4:30 pm)

    Donald I. Baker (Baker & Miller)
    Robert B. Bell (Wiley, Rein & Fielding; counsel for Kodak)
    Lloyd Constantine (Constantine & Partners)
    Mark Leddy (Cleary, Gottlieb, Steen & Hamilton)
    Philip B. Nelson (Economists Inc.)

    Day 5 (Oct. 23) (Mon.) Market Definition, Market Power, Entry and Collaboration in Innovation Markets

    2:00 p.m. - 5:30 p.m.
    How Innovation Occurs in Biotechnology Firms; Lessons for Antitrust in Preserving Competition in Innovation

    Professor Charles Cooney (MIT) Sloan Foundation Pharmaceutical Study
    William G. Green (Chiron Corp.)
    Derek Schafer (Shafer Int'l Inc.)
    Stephen A. Stack, Jr./Dr. Allen Bloom (Dechert, Price & Rhoads)

    Day 6 (Oct. 24) (Tues.) Market Definition, Market Power, Entry and Collaboration in Innovation Markets

    AM: How Innovation Occurs, How Businesses Compete with New Products, How Businesses and Consumers View Competitive Substitutes in Fast-Changing Industries (9:30 am - 11:30 am)

    Professor David Mowery (UCal, Berkeley) Sloan Foundation Semiconductor Study
    Richard Donaldson (Texas Instruments)

    PM: How Should Antitrust Define Current Generation Markets When Firms Compete on Innovation (or Product Attributes) as Much as Price? Should the Timeliness Standard for Entry be Adjusted? Are Other Adjustments Desirable? (1:15 pm - 3:00 pm)

    Professor David J. Teece (UCal, Berkeley)
    Judy Whalley (Howrey & Simon)
    Professor Lawrence White (NYU)

    Day 7 (Oct. 25) (Wed.)

    9:30 a.m. - 12:00 noon
    Should Antitrust Enforcers Rely on Potential Competition Analysis or the Concept of Innovation Markets?

    Sumanth Addanki (NERA)
    Professor Dennis Carlton (Univ. of Chicago)
    Professor Richard J. Gilbert (UCal, Berkeley)
    Richard T. Rapp (NERA)
    Professor Dennis Yao (Univ. of Penn.)

    1:30 p.m. - 3:00 p.m.
    How Should Antitrust Assess the Likelihood of Unilateral or Coordinated Anticompetitive Conduct in R & D and Future Generation Markets? How Should Antitrust Assess the Likelihood of Entry in R & D and Future Generation Markets?

    Professor Richard J. Gilbert (UCal, Berkeley)
    Michael Sohn (Arnold & Porter)
    Judy Whalley (Howrey & Simon)
    Professor Dennis Yao (Univ. of Penn.)

    Day 8 (Oct. 26) (Thurs.) Innovation or Dynamic Efficiencies Obtained Through Collaboration

    AM: How Do Businesses Capture Innovation or Other Efficiencies Through Collaboration in Markets Undergoing Change? Does Antitrust Ever Impede Firm or Industry Efforts to Collaborate to Achieve Innovation-Based Efficiencies? (9:30 am - 12:00 pm)

    Professor Diran Apelian (Worcester Polytechnic) Sloan Foundation Aluminium -Casting Study
    Professor Ernest Gellhorn (George Mason Univ.)
    Bennett Katz, VISA
    Samuel R. Miller (Folger & Levin)

    PM: How Should Antitrust Treat Dynamic/Innovation Efficiencies in Mergers and Joint Ventures? Are Such Efficiencies Peculiarly Valuable (or More Subject to Imitation by Others)? (1:30 pm - 4:00 pm)

    Professor Thomas M. Jorde (UCal, Berkeley)
    Samuel R. Miller (Folger & Levin)
    Professor Roger Noll (Stanford Univ.)
    Professor Janusz Ordover (NYU)
    Robert A. Skitol (Drinker, Biddle & Reath)

    Day 9 (Nov. 2) (Thurs.) Efficiencies (General)

    9:30 a.m. - 12:00 noon
    What Efficiencies Matter Most to Various Industries? Up to What Point Can Firms Benefit From Economies of Scale or Scope?

    Norman R. Augustine (President, Lockheed/Martin Corp.)
    Donald Hudler (President, Saturn Corp.; Vice-President, General Motors Corp.)
    David Pitts (Pitts Management Associates)

    1:30 p.m. - 3:00 p.m.
    Should Antitrust Enforcers View Certain Efficiencies as More Important Than Others in Promoting Market Competition? Are Some Efficiencies Too Difficult to Measure or Subject to Manipulation by Private Parties? Should Enforcers Seek to Ensure That Efficiencies From a Merger Are Passed On to Consumers?

    W. Dale Collins (Shearman & Sterling)
    James Egan (Rogers & Wells)
    Ann Jones (Blecher & Collins)
    Professor Steven Salop (Georgetown Univ.)

    3:00 p.m. - 4:30 p.m.
    What Can We Learn From Foreign Competition Regimes About the Extent To Which Enforcers Should Weigh -- or Can Measure -- Efficiencies or Other Public Benefits, Particularly in Mergers?

    Commissioner Pascual Garcia Alva Iduñate (Federal Competition Commission, Mexico)
    Francine Matte (Senior Deputy Director, Bureau of Competition Policy, Canada)
    Margaret Sanderson (Bureau of Competition Policy, Canada)

    Day 10 (Nov. 7) (Tues.) Efficiencies in Light of Global Competition and Innovation

    9:30 a.m. - 11:30 a.m.
    How Businesses Value and Achieve Efficiencies? Whether Antitrust Law Impedes Businesses' Efforts to Obtain Efficiencies

    Richard Scott (President, HCA Healthcare Corp.)
    James Cubbin (Executive Director, General Motors Health Care Initiatives)
    William C. MacLeod (Collier, Shannon, Rill & Scott, representing Grocery Manufacturers Association
    Phillp Proger (Jones, Day, Reavis & Rogue, representing Alliance for Managed Care)

    1:30 p.m. - 4:30 p.m.
    Whether Antitrust Enforcers Should Adjust Current Enforcement Policy Regarding Efficiencies; Whether a More Skeptical Approach is Warranted if Claimed Efficiencies Are Difficult to Measure; What is Required to Show That Comparable Savings Can Reasonably Be Achieved Through Other Means?

    Professor Joseph Brodley (Boston Univ.)
    Terry Calvani (Pillsbury, Madison & Sutro)
    Professor Timothy Muris (George Mason Univ.)
    Kevin O'Connor (Ass't Att'y General, Wisconsin, Chair, NAAG Multistate Task Force)

    Day 11 (Nov. 8) (Wed.) Small Businesses' Ability to Compete in a Changing Global, Innovation-Based Economy

    9:30 a.m. - 12:00 noon
    Does Antitrust Impair the Ability of Small Businesses to Compete in a Global Environment? Do Small Firms Have Advantages in Terms of Flexibility or Their Ability to Innovate? Does Antitrust Create Barriers to Strategic Alliances or Joint Ventures for Small Businesses?

    Professor Chickery J. Kasouf (Worcester Polytechnic) Sloan Foundation Powder Metal Study
    Boyd Berends (CEO, Cryogenic Product Recovery)
    Professor Carey Heckmann (Stanford Law School)
    Dr. Calvin Knowlton (President, American Pharmaceutical Association)

    1:30 p.m. - 4:00 p.m.
    How Should Antitrust Evaluate the Effects of Changing Distribution Systems (e.g., Slotting Fees) on Small Firms?

    Robert Skitol (Drinker, Biddle & Reath)
    Professor Gregory Shaffer (Univ. Michigan)
    Nicholas Pyle (Independent Bakers Association)

    Day 12 (Nov. 14) (Tues.) Failing Firms in Light of Global Competition

    9:30 a.m. - 12:00 noon
    When is Merging the Best Use of a Failing Firm's Assets? Does Antitrust Impede Options for the Rational and Productive Use of a Failing Firm or a Distressed Industry's Resources?

    Professor Richard J. Gilbert (UCal, Berkeley)
    Joseph Kattan (Morgan, Lewis & Bockius)
    Robert H. Lande (Univ. of Baltimore)
    Joseph Sims (Jones, Day, Reavis & Pogue)

    1:30 p.m. - 4:00 p.m.
    Should Antitrust Law Make Adjustments in the Failing Firm Defense to Enable the Rationalization of Overcapacity in Industries Affected by Global Competition or Other Change? Should the Failing Firm Defense Remain the Same or Even Be Made More Stringent?

    Lisabeth Leeds (Ass't Att'ys General, Florida)
    Professor Edward Corriea (Northeastern Univ.)
    Professor Jerry Hausman (MIT; for Kodak)
    Phillip Proger (Jones, Day, Reavis & Pogue)
    Professor Spencer Waller (Brooklyn Law School)

    Day 13 (Nov. 15) (Wed.)

    AM: Which, if Any, Proposals for Failing Firm/Distressed Industry Defenses Are Superior to Current Enforcement Policy? Should Antitrust or Some Other Policy Deal with Capacity Reduction in a Distressed Industry? (9:30 am - 12:00 pm)

    Donald I. Baker (Baker & Miller)
    Molly Boast (LeBoeuf, Lamb, & McKay)
    Professor Edward Correia (Northeastern Univ.)
    Steven A. Newborn (Rogers & Wells)

    Day 14 (Nov. 16) (Thurs.) FTC'S Consumer Protection Role
    in the Emerging High-Tech, Global Marketplace

    9:00 a.m. - 9:15 a.m.
    Welcome and Opening Statements

    9:15 a.m. - 12:00 noon
    Panel 1: The Changing Marketplace: An Historical Perspective

    1. The Changing Face of Marketing

      David Bell, Chairman, Bozell, Inc.

    2. Evolution of Payment Systems

      Robert Pollen, President, AutoScribe

    3. The Year 2000: Technologies and the Consumer

      Arthur White, Vice Chairman, Yanelovich Partners, Inc.

    4. Consumer Protection Issues in the High-Tech, Global Marketplace

      Charles Burson, Attorney General of Tennessee
      Kathryn Brown, Associate Administrator, National Telecommunications and Information Administration, Department of Commerce
      Gene Kimmelman, Co-Director, Consumers Union (Washington Office)

    1:30 p.m.- 3:30 p.m.
    Panel 2: The Changing Role of Television in Marketing

    1. The Evolution of Television Adverstising

      Michael Moore, D'Arcy, Masius, Benton & Bowles

    2. Consumer Protection Issues for Television Advertising & the FTC

      Mark Sibergeld, Co-Director, Consumers Union (Washington Office)
      Barry Cutler, McCutchen, Doyle, Brown & Enersen

    3. Self-Regulation and the Future of Television Advertising

      Debra Goldstein, Director, National Advertising Division, Council of Better Business Bureaus
      Herbert Rotfeld, Professor, Auburn University College of Business
      Robert Alter, Vice-Chairman, Cable Television Advertising Bureau

    3:45 p.m. - 5:30 p.m.
    Round Table Discussion

    Harvey Dzodin, Vice President, Commercial Standards, Capital Cities/ABC
    Helene D. Jaffe, Chair, Consumer Protection Committee, ABA Antitrust Section; Weil, Gotshal & Manges
    Mary Ponder, Senior Projects Director, Consumer Federation of America
    William Wilkie, Professor of Marketing, University of Notre Dame

    Day 15 (Nov 17) (Fri.)

    9:00 a.m.- 10:45 a.m.
    Panel 3: The Changing Role of the Telephone in Marketing

    1. Overview of Telephone and Payment Technologies

      Ralph Andreotta, Director, Technology and Infrastructure, AT&T

    2. Marketing by Telephone: An Overview and Demonstration

      Wayne Huyard, President, MCI Mass Market, Sales & Service

    3. Case Study #1: Telephone Fraud

      James Doyle, Attorney General of Wisconsin
      James Steel, VIce President, Security & Risk Management, MasterCard
      Katie S. Sloan, Manager, Consumer Affairs, American Association of Retired Persons

    4. Case Study #2: Pay Per Call Services

      William Burrington, Assistant General Counsel & Director of Policy, America Online
      Scott Cooper, Manager, Government Affairs, Intel Corportation

    10:45 a.m. - 12:15 p.m.
    Round Table Discussion

    Julia Craig, Assistant U.S. Attorney, Southern District of California
    Linda Goldstein, Hall, Dickler, Kent, Friedman & Wood
    Olan Mills, II, Chairman, Olan Mills, Inc.

    1:45 - 3:15 p.m.
    Panel 4: Telephone Technologies: Emerging Issues

    1. The Next Generation of Consumer Protection Issues

      Brian O'Conner, Chief, Policy and Facilities Branch, International Bureau, Telecommunications Division, Federal Communications Commission
      John Baker, Director, National Fraud Information Center; Vice President, National Consumers League
      Jorge Verena Schement, Dean, Graduate Studies & Research, College of Communications, Pennsylvania State University

    2. Consumer Education & Self-Regulation

      Arthur B. Sackler, Vice President for Law and Policy Time Warner, Inc.
      James Gallant, Director of Marketing, NYNEX

    2:30 - 5:30 p.m.
    Round Table Discussion

    George Braasch, Corporate Credit Counsel, Spiegel, Inc.
    Eric Brown, Assistant Attorney General of Ohio
    Nora Dowd, Deputy Attorney General, Officeof the Pennsylvania Attorney General (on leave with AARP Telemarketing Fraud Project)
    Barbara Gregg, Director, Montgomery County (MD), Office of Consumer Affairs

    Day 16 (Nov. 20) (Mon.)

    9:00 - 11:00 a.m.
    Panel 5: The Newest Medium for Marketing: Cyberspace

    1. Demonstration and Overview of the Technology

      Phill Gross, Director, Internet Marketing, MCI Telecommunications Division

    2. Marketing in Cyberspace

      Martin Nisenholtz, President, New York Times Electronic Media Company
      Carla Michelotti, Senior Vice President, Leo Burnett Co.
      Robert Gertner, Professor of Economics & Strategy, University of Chicago Graduate School of Business

    3. Consumer Protection Issues in Cyberspace

      Hubert H. Humphrey III, Attorney General of Minnesota

    4. Alternative Approaches to Protecting Consumers in Cyberspace

    Steve Cole, Senior Vice President, Council of Better Business Bureaus
    William Burrington, Assistant General Counsel & Director of Policy, America Online
    Daniel Weitzner, Co-Chair, Platform for Internet Content Selection (PICS)
    David Post, Professor of Law, Georgetown University Cyberspace Law Institute

    11:15 a.m. - 12:45 p.m.
    Round Table Discussion

    Jerry Berman, Executive Director, Center for Democracy & Technology
    Larry Gilbert, General Counsel, Cybercash, Inc.
    Mary Gardiner Jones, President, Consumer Interest Research Institute
    Robert Sherman, Paul, Hastings, Janofsky & Walker

    2:15 p.m. - 3:30 p.m.
    Panel 6: Privacy in Cyberspace

    1. Overview of the Issues

      Jerry Kang, Professor of Law, UCLA School of Law
      Jonah Gitlitz, President, Direct Marketing Association
      Janlori Goldman, Deputy Director, Center for Democracy & Technology
      Jay M. Tenenbaum, CEO, Electronic Integration Technologies

    3:45 p.m. - 5:30 p.m.
    Round Table Discussion

    Robert R. Belair, Editor, Privacy and American Business
    D. Douglas Blanke, Director for Consumer Policy, Office of the Minnesota Attorney General
    Evan Hendricks, Publisher/Editor, Privacy Times
    Ronald Plesser, Piper & Marbury
    Andrew J. Strenio, Hunton & Williams

    Day 17 (Nov 21.) (Tues.)

    9:00 a.m. - 10:00 a.m.
    Convergence of Technologies & Globalization: Interactive TV

    Gerald Levin, Chairman and Chief Executive Officer, Timer Warner, Inc.

    10:15 a.m. - 11:45 a.m.
    Panel 7: Globalization and Cross Border Fraud

    1. Overview of International Trade Developments

      Richard G. Meier, Deputy Associate Trade Representative, Office of U.S. Trade Representative
      Robert P. Hall III, Vice President, Government Affairs Counsel, National Retail Federation

    2. Cross Border Consumer Fraud

      Scott Blake Harris, Chief, International Bureau, Federal Communications Commission
      Richard D. Held, Senior Vice President, Risk Management and Security, VISA Internaltional
      Rachel Larable-LeSieur, Director, Marketing Practices, Industry Canada

    11:45 a.m. - 12:30 p.m.
    Round Table Discussion with Panelists

    Richard Ress, Supervisory Special Agent, National Computer Crime Squad, Federal Bureau of Investigation
    Gordon Zubrod, Assistant U.S. Attorney, Middle District of Pennsylvnia

    2:00 p.m. - 3:30 p.m.
    Panel 8: International Trade and Consumer Protection Issues

    1. Overview of International Trade Developments

      Richard G. Meier, Deputy Associate Trade Representative, Office of U.S. Trade Representative
      Robert P. Hall III, Vice President, Government Affairs Counsel, National Retail Federation

    2. Differing National Laws and Implications for the FTC

      William MacLeod, Collier, Shannon & Scott
      Mari Ann Blatch, Vice President, Government Affairs, Readers Digest
      Zane Brown, Director General, Consumer Products Directorate, Industry Canada
      Joseph Hoffman, Director of Policy, Ontario Ministry of Consumer & Commercial Relations
      Steven Spivak, Professor, University of Maryland, Chairman, Consumer Policy Committee, International Organization for Standardization
      Susan Lord, Chairman, Export Subcommittee, American Textitle Manufacturers Institute
      Bruce Silverglade, Director, Legal Affairs, Center for Science in the Public Interest

    3:45 a.m. - 5:30 p.m.
    Round Table Discussion

    E. Toni Guarino, Buc, Levitt & Beardsley, International Bar Association Council
    Carl Priestland, Chief Economist, American Apparel Manufacturers Association
    Michael Thompson, Director, Government Relations, Whirlpool Corporation

    Day 18 (Nov. 29) (Wed.) Networks, Standards, Foreclosure, Strategic Conduct

    9:30 a.m. - 11:30 a.m.
    What Roles Do Antitrust and Intellectual Property Protection Play in Promoting Innovation and Competition? How Do Licensing Practices Affect Competition in Various Industries?

    Max Blecher (Blecher & Collins)
    Esther Dyson (Pres. EDventure Holdings)
    Kenneth M. Frankel (American Intellectual Property Law Association)
    Robert H. Kohn (Borland International, Inc.)
    Professor F.M. Scherer (Harvard Univ.)
    Gayle Parker (Licensing Executives Society)

    1:30 p.m. - 4:30 p.m.
    What is the Appropriate Relationship Between Antitrust and Intellectual Property Policy?

    Professor John Barton (Stanford Univ.)
    Max Blecher (Blecher & Collins)
    Kenneth Nunnenkamp (Finnegan, Henderson, Farabow, Garrett & Dunner)
    Douglas Rosenthal (Sonnenschein, Nath & Rosenthal)
    Professor F.M. Scherer (Harvard Univ.)

    Day 19 (Nov. 30) (Thurs.) How Should Antitrust Enforcers Assess Foreclosure, Access and Efficiency Issues Related to Networks and Standards?

    9:00 a.m. - 9:30 a.m.
    Introductory Overview

    Professor William F. Baxter (Stanford Univ.)

    9:30 a.m. - 12:30 p.m.
    How Do Computer Companies Compete? How Do the Network and Interoperability Aspects of the Industry Affect Competition? What Can We Learn From Computer Networks (in Terms of Efficiencies and Competitive Behavior)?

    Professor Timothy Bresnahan (Stanford Univ.) Sloan Foundation Computer Study
    Michael Morris (Sun)
    Marshall Phelps (IBM)
    Russell Wayman (StorageTek)
    Edward J. Black President, Computer & Communications Indus. Assn.
    Emory Simon (Alliance to Promote Software Innovation)

    1:30 p.m. - 4:30 p.m.
    What Can We Learn From the Telecommunications Industry About Possible Ways to Assess Pro and Anticompetitive Behavior in Other Network Industries?

    Stanley Besen (Charles River Associates)
    L. Norton Cutler (US WEST)
    Duncan MacDonald (Citicorp)
    Joseph Opper (Asst. Attorney General, New York; Chair, NAAG Payment Systems Working Group)
    Mark Rosenbaum (AT&T)

    Day 20 (Dec. 1) (Fri.) Horizontal and Vertical Issues Related to Networks and Standards

    9:00 a.m. - 1:00 p.m.
    Horizontal Issues: To What Extent, if Any, Do Networks Offer New Opportunities for Strategic Anticompetitive Conduct? How Should Antitrust Assess Whether Strategic Conduct is Procompetitive or Anticompetitive? How Should Antitrust Assess the Possible Procompetitive and Anticompetitive Effects of Industry Standards?

    Christine A. Edwards (Exec. VP, Dean Witter Discover & Co.)
    Amy Marasco (VP and GC, American National Standards Institute)
    Professor Janusz Ordover (NYU)
    Roel Piper (CEO of UB Networks; Sr. VP, Tandem Computers)
    Thomas Rosch (Latham & Watkins)
    Professor Richard Schmalensee (MIT)
    Professor David J. Teece (UCal, Berkeley)

    2:30 p.m. - 4:30 p.m.
    Vertical Issues: How Might Antitrust Distinguish Between Procompetitive and Anticompetitive Conduct That, to Some Extent, Forecloses Competitors? How Do Foreclosure Issues Arise in the Context of Networks and Industry Standards?

    Thomas Rosch (Latham & Watkins)
    Professor Steven Salop (Georgetown Univ.)
    Professor Robert Willig (Princeton Univ.)

    Day 21 (Dec. 5) (Tues.)

    9:30 a.m. - 12:30 p.m.
    Should Antitrust Enforcers Adjust Current Enforcement Policy Regarding Efficiencies? Which, if any, Proposals for Failing Firm/Distressed Industry Defenses Are Superior to Current Enforcement Policy?

    Kevin Arquit (Rogers & Wells)
    Professor Harvey Goldschmid (Columbia Univ.)
    Janet L. McDavid (Hogan & Hartson)
    Joseph Griffin (Morgen, Lewis & Bockius)

    Days 22- 23 (Dec. 12 - Dec. 13) (Tues. - Wed.) What Institutional Processes Will Help the FTC to Attain Its Goals?

    (Panels Will Address Institutional Implementational Aspects of Issues Raised During the Hearings)

    9:30 a.m. - 12:00 noon;
    1:30 p.m. - 4:00 p.m.
    Dec. 12

    John D. Briggs, III (Howrey & Simon)
    Professor Ernest Gellhorn (George Mason Univ.)
    Professor Thomas M. Jorde (UCal, Berkeley)
    Robert Katzmann (The Brookings Institution/Georgetown Univ.)
    Professor William Kovacic (George Mason Univ.)
    Thomas B. Leary (Hogan & Hartson)
    James F. Rill (Collier, Shannon, Rill & Scott)
    Judy Whalley (Howrey & Simon)

    1:30 p.m. - 5:00 p.m.
    Dec. 13

    George Addy (Director of Investigation and Research, Canada)
    Professor Joseph Brodley (Boston Univ.)
    Roxane C. Busey (Gardner, Carton & Douglas)
    Calvin Goldman (Davies, Ward & Beck, Canada)
    Professor Eleanor Fox (NYU)
    Professor William Kovacic (George Mason Univ.)

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