February 25, 2019

6:00 pm - 7:30 pm, Eastern Time

ACS Washington, DC: Antitrust Enforcement and Future Reform

Alston & Bird LLP, Washington, DC

Join the Washington, DC Lawyer Chapter of the American Constitution Society for a panel discussion on the current state of antitrust enforcement and the potential of future reform.

Recently, the idea that current antitrust policies do not adequately protect consumers has begun to gain traction, and support for potentially significant reforms has been gaining popularity. There are a variety of opportunities for and sources of potential reforms, but it remains to be seen whether reforms are on the horizon.

Our panel will discuss the following key questions:

  • Now that the Democrats control the U.S. House of Representatives, should they seek to implement any of the reforms they previously proposed in their Better Deal? Several of the announced Democratic presidential candidates have made antitrust a key part of their message for 2020. What are the different approaches being considered, and how well would their proposals work?
  • What reforms should the FTC pursue regarding concerns raised during its series of public hearings on Competition and Consumer Protection in the 21st Century?
  • A group of 31 state AGs, including Virginia's, recently filed an amicus brief in Apple v. Pepper urging the U.S. Supreme Court to overturn the long-standing Illinois Brick doctrine. Should state AGs advocate to overturn the doctrine? What other reforms should they pursue?
  • And finally, in response to the recent high-profile setbacks for the U.S. Department of Justice (DOJ) regarding AT&T, Amex, and Aetna, should the DOJ pull back its enforcement efforts or push forward with renewed vigor?


Sarah Oxenham Allen, Chair, NAAG Antitrust Task Force; Senior Assistant Attorney General, Office of the Virginia Attorney General

Gene Kimmelman, President and CEO, Public Knowledge; former Chief Counsel, U.S. DOJ Antitrust Division

Terrell McSweeny, Partner, Covington & Burling LLP; former Commissioner, Federal Trade Commission

Anant Raut, former Counsel to the Assistant Attorney General, U.S. DOJ Antitrust Division; former Counsel, House Judiciary Committee

Moderated by:

Leslie Overton, Partner, Alston & Bird LLP; former Deputy Assistant Attorney General, U.S. DOJ Antitrust Division

Refreshments will be provided courtesy of Alston & Bird LLP and ACS.