AGENDA ANTITRUST JUDICIAL LAW AND ECONOMICS INSTITUTE FOR JUDGES UNIVERSITY OF CHICAGO LAW SCHOOL OCTOBER 16-18, 2017 As of

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1 5:30 7:00 pm REGISTRATION ARRIVAL - SUNDAY, OCTOBER 15 TH 5:30 7:00 pm RECEPTION FOR FACULTY & PARTICIPANTS (Cindy s Rooftop, 12 S. Michigan Avenue) ANTITRUST OVERVIEW - MONDAY, OCTOBER 16 TH 7:30 8:25 am REGISTRATION AND CONTINENTAL BREAKFAST 8:30 8:45 am 8:45 10:15 am WELCOME AND INTRODUCTIONS OBJECTIVES: Meet key program champions and designers. Review workshop design and goals. Stephanie HEMMERT, Senior Judicial Education Attorney, Federal Judicial Center, Washington, DC Jonathan M. JACOBSON, Partner, Wilson Sonsini Goodrich & Rosati, New York, NY The Honorable Jon S. TIGAR, District Judge, U.S. District Court for the Northern District of California, San Francisco, CA SESSION 1: MARKET DEFINITION, MARKET POWER, AND COMPETITIVE EFFECTS Building on prereading, become familiar with foundational antitrust concepts. Define and describe the phrases market definition, market power, and competitive effects. Identify approach for analyzing competitive effects. Have opportunity to glean practical insight from experts. 10:15 10:30 am BREAK Elizabeth M. BAILEY, Affiliated Academic, NERA Economics Consulting, San Francisco, CA Andrew I. GAVIL, Professor of Law, Howard University School of Law, Washington, DC William E. KOVACIC, Professor of Law, George Washington University Law School, Washington, DC 10:30 12:00 pm SESSION 2: LAW AND ECONOMICS OF HORIZONTAL RESTRAINTS Identify and discuss types of horizontal anticompetitive conduct. Focus on Section 1 of the Sherman Act and identify analysis necessary for determining whether an agreement, in particular one with a competitor, is anticompetitive. Review Black Letter Law key concepts. Identify types of Section 1 violations, including price fixing and controlling output. Analyze and practice applying whether a company violates Section 1. Practice identifying whether there is an agreement. Apply all concepts and analysis to hypotheticals. 12:00 1:00 pm Elizabeth M. BAILEY, Affiliated Academic, NERA Economics Consulting, San Francisco, CA Scott HEMPHILL, Professor of Law, New York University Law School, New York City, NY Roxann E. HENRY, Partner, Morrison & Foerster LLP, Washington, DC William A. ISAACSON, Partner, Boies Schiller & Flexner LLP, Washington, DC LUNCH WITH KEYNOTE ADDRESS Listen to expert on the economics of the internet and digital markets, platform market, and internet search. INTRODUCTION: Gary P. ZANFAGNA, Associate General Counsel and Chief Antitrust Counsel, Honeywell International Incorporated, Morris Plains, NJ KEYNOTE SPEAKER: Susan ATHEY, The Economics of Technology Professor, Stanford Graduate School of Business, Stanford, CA 1

2 1:00 1:15 pm BREAK ANTITRUST OVERVIEW - MONDAY, OCTOBER 16 TH 1:15 2:45 pm SESSION 3: LAW AND ECONOMICS OF VERTICAL RESTRAINTS Build on knowledge gained in previous sessions and discuss vertical restraints among distributors and suppliers. Identify and describe the rule of reason standard that applies. Review analysis in weighing business justification against anti-competitive effect. Apply standard to hypotheticals. Jonathan M. JACOBSON, Partner, Wilson Sonsini Goodrich & Rosati, New York, NY Megan E. JONES, Partner, Hausfeld LLP, San Francisco, CA Francine LAFONTAINE, Senior Associate Dean for Faculty and Research, University of Michigan s Ross School of Business, Ann Arbor, MI James A. WILSON, Partner, Vorys Sater Seymour and Pease LLP, Columbus, OH 2:45 3:00 pm BREAK 3:00 4:30 pm SESSION 4: LAW AND ECONOMICS OF MONOPOLY POWER AND UNILATERAL CONDUCT Discuss the law and economics of unilateral conduct. Focus on Section 2 of the Sherman Act. Discuss the common law standard. Identify different types of conduct. Apply standard to hypotheticals. Dennis W. CARLTON, David McDaniel Professor of Economics, University of Chicago Booth School of Business, Chicago, IL Carl SHAPIRO, Transamerica Professor of Business Strategy, Haas School of Business, University of California Berkeley, Berkeley, CA Daniel M. WALL, Partner, Latham & Watkins LLP, San Francisco, CA 4:30 6:00 pm BREAK 6:30 8:00 pm DINNER WITH KEYNOTE SPEAKER (Petterino s Banquets, 50 West Randolph) Meet and dialogue with the Seventh Circuit Court of Appeals Chief Circuit Judge. INTRODUCTION: Gary P. ZANFAGNA, Associate General Counsel and Chief Antitrust Counsel, Honeywell International Incorporated, Morris Plains, NJ Christopher B. HOCKETT, Partner, Davis Polk & Wardwell LLP, Menlo Park, CA SPEAKER: The Honorable Diane P. WOOD, Chief Circuit Judge, U.S. Court of Appeals for the Seventh Circuit, Chicago, IL 8:00 8:30 pm MINGLE OVER DESSERT (Optional) PROCEDURAL ISSUES - TUESDAY, OCTOBER 17 TH 8:00 8:55 am CONTINENTAL BREAKFAST 2

3 PROCEDURAL ISSUES - TUESDAY, OCTOBER 17 TH 9:00 10:30 am SESSION 5: PLEADING AN ANTITRUST CASE: HOW MUCH IS ENOUGH? Identify, review, and discuss the elements necessary for pleading an antitrust case. Discuss applying Rule 12(b) post Twombly. Discuss antitrust injury. Discuss antitrust standing. Apply all concepts to hypotheticals. 10:30 10:45 am BREAK Katherine A. ROCCO, Partner, Kirkland & Ellis LLP, New York City, NY William F. CAVANAUGH, Jr., Partner, Patterson Belknap Webb & Tyler LLP, New York City, NY The Honorable Lorna G. SCHOFIELD, District Judge, U.S. District Court for the Southern District of New York, New York City, NY Steven N. WILLIAMS, Partner, Cotchett Pitre & McCarthy, LLP, San Francisco, CA SESSION 6: THE PROPER USE OF EXPERTS IN AN ANTITRUST CASE NAVIGATING THE SWAMP Discuss the proper use of experts in the lifecycle of an antitrust case, including Daubert considerations. Identify areas of class certification, liability, and proving damages. Discuss strategy for situations where there is a battle of the experts. Identify questions to ask to unpack, identify, and test the findings in various economic analysis. 10:45 12:15 pm 12:15 1:45 pm Cynthia RICHMAN, Partner, Gibson Dunn & Crutcher LLP, Washington, DC Michael KATZ, Professor, Haas School of Business, University of California Berkeley, Berkeley, CA Richard PARKER, Partner, O Melveny & Myers LLP, Washington, DC Daniel RUBINFELD, Professor of Law, New York University School of Law, New York City, NY Bruce L. SIMON, Partner, Pearson, Simon & Warshaw LLP, San Francisco, CA The Honorable Amy J. ST. EVE, District Judge, U.S. District Court for the Northern District of Illinois, Chicago, IL LUNCH WITH KEYNOTE ADDRESS KEYNOTE SPEAKER: Thomas J. MILES, Dean, University of Chicago Law School, Chicago, IL 1:45 2:00 pm BREAK 2:00 3:30 pm SESSION 7: THE VIEW FROM THE TRENCHES Have an opportunity, in a judiciary-only environment, to ask your colleagues anything. Discuss issues on your mind. Hear experiences of jury and bench trials. The Honorable Jon S. TIGAR, District Judge, U.S. District Court for the Northern District of California, San Francisco, CA The Honorable Amy BERMAN JACKSON, District Judge, U.S. District Court for the District of Columbia, Washington, DC The Honorable Susan Y. ILLSTON, District Judge, U.S. District Court for the Northern District of California, San Francisco, CA The Honorable Amit P. MEHTA, District Judge, U.S. District Court for the District of Columbia, Washington, DC 3:30 6:00 pm BREAK 3

4 PROCEDURAL ISSUES - TUESDAY, OCTOBER 17 TH 6:00 6:30 pm MEET AND MINGLE (Morton s, 65 East Wacker Place) 6:30 8:00 pm DINNER AND CONVERSATION WITH REPRESENTATIVES FROM DEPARTMENT OF JUSTICE AND FEDERAL TRADE COMMISSION (Morton s, 65 East Wacker Place) Meet and dialogue with the Deputy Assistant Attorney General from the U.S. Justice Department s Antitrust Division and the Acting Director of the Federal Trade Commission s Bureau of Competition Amanda P. REEVES, Partner, Latham & Watkins LLP, Washington, DC Andrew C. FINCH, Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC D. Bruce HOFFMAN, Acting Director of the Bureau of Competition, Federal Trade Commission, Washington, DC ANTITRUST POTPOURRI WEDNESDAY, OCTOBER 18 TH 7:30 8:25 am CONTINENTAL BREAKFAST 8:30 9:45 am SESSION 8: ANTITRUST AND INTELLECTUAL PROPERTY Discuss the intersection of antitrust and intellectual property. Identify and discuss terms of art such as standard essential patents and pay for delay. Apply concepts to hypotheticals. Eric GRANNON, Partner, White & Case LLP, Washington, DC Randal C. PICKER, James Parker Hall Distinguished Service Professor of Law, University of Chicago School of Law, Chicago, IL Mark S. POPOFSKY, Ropes & Gray LLC, Washington, DC Edith RAMIREZ, Partner, Hogan Lovells, Washington, DC Hartmut SCHNEIDER, Partner, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC REMARKS ON THE IP/ANTITRUST INTERSECTION FROM THE ASSISTANT ATTORNEY GENERAL 9:45 10:00 am Hear the views of newly appointed head of the U.S. Department of Justice Antitrust Division INTRODUCTION: Amanda P. REEVES, Partner, Latham & Watkins LLP, Washington, DC Makan DELRAHIM, Deputy Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC 10:00 10:15 am BREAK 10:15 11:45 am SESSION 9: THE LAW AND ECONOMICS OF MERGER ENFORCEMENT Review Section 7 of the Clayton Act, which governs mergers, acquisitions, and joint ventures. Discuss the standard of whether a deal is anticompetitive. Identify and discuss what to expect in managing a merger case from complaint through trial. Logan M. BREED, Partner, Hogan Lovells, Washington, DC The Honorable John D. BATES, District Judge, U.S. District Court for the District of Columbia, Washington, DC Deborah L. FEINSTEIN, Partner, Global Competition Head, Arnold & Porter Kaye Scholer LLP, Washington, DC David I. GELFAND, Partner, Cleary Gottlieb Steen & Hamilton LLP, Washington, DC Howard A. SHELANSKI, Professor of Law, Georgetown University Law Center, Washington, DC 4

5 ANTITRUST POTPOURRI WEDNESDAY, OCTOBER 18 TH 11:45 12:00 pm 12:00 pm 12:15 1:20 pm SESSION 10: WRAP-UP AND KEY TAKE-AWAYS Ask and discuss lingering questions and issues. Summarize key lessons learned. Identify additional, future learning opportunities. Dana K. CHIPMAN, Director, Education Division, Federal Judicial Center, Washington, DC Christopher B. HOCKETT, Partner, Davis Polk & Wardwell LLP, Menlo Park, CA Amanda P. REEVES, Partner, Latham & Watkins LLP, Washington, DC The Honorable Jon S. TIGAR, District Judge, U.S. District Court for the Northern District of California, San Francisco, CA ADJOURN Please remember to provide program feedback via the online link you receive. Your feedback helps evaluate the effectiveness of the learning design; it is an integral part of the continued improvement of our curriculum. We appreciate you investing the time to provide us with candid, thoughtful reflections. JUDICIAL PANEL FOR UNIVERSITY OF CHICAGO LAW STUDENTS (Room F) Lior J. STRAHILEVITZ, Sidley Austin Professor of Law, University of Chicago Law School, Chicago, IL The Honorable Terrence BERG, District Judge, U.S. District Court for the Eastern District of Michigan, Detroit, MI The Honorable Linda K. CARACAPPA Chief Magistrate Judge, U.S. District Court for the Eastern District of Pennsylvania, Philadelphia, PA The Honorable Thomas DURKIN. District Judge, U.S. District Court for the Northern District of Illinois, Chicago, IL The Honorable Abdul KALLON, District Judge, U.S. District Court for the Northern District of Alabama, Birmingham, AL The Honorable Robert T. NUMBERS, II, Magistrate Judge, U.S. District Court for the Eastern District of North Carolina, Raleigh, NC The Honorable Robert J. SHELBY, District Judge, U.S. District Court for the District of Utah, Salt Lake City, UT 5

6 DINNER: MONDAY, OCTOBER 16 th RESTAURANT: PETTERINO S BANQUETS TIME: ADDRESS: DISTANCE FROM HOTEL: DIRECTIONS: DINNER: 6:30 8:00pm (Begin Arriving at 6:15pm) MEET & MINGLE: 8:00 8:30pm (Optional) 50 WEST RANDOLPH STREET.2 mi, 5 MIN WALK.

7 DINNER: TUESDAY, OCTOBER 17 th RESTAURANT: MORTON S TIME: ADDRESS: DISTANCE FROM HOTEL: DIRECTIONS: MEET & MINGLE: 6:00 6:30pm DINNER: 6:30 8:00pm 65 EAST WACKER PLACE.2 mi, 4 MIN WALK.