Summary: The popular press is full of reports of a renewed vigor in parts of our antitrust enforcement regime that address the conduct of leading firms. Investigations have been started or rumored against any number of firms near or at the top of various parts of the technology sector, including Intel, Yahoo, Google, Apple, AT&T, IBM, Facebook, and others. Forbes reported that the number of antitrust cases filed by the Department of Justice rose by 50 percent in 2011. These suits can be costly to defend, and carry large potential fines. Consent decrees negotiated to end such litigation often provide detailed terms and conditions governing the manner in which industry players may and may not conduct business going forward. In this environment, has antitrust enforcement itself become a regulatory mechanism? If so, does it represent the best way to regulate dynamic industries? These and other questions will be addressed by our panel of experts. Featuring The Honorable Ronald A. Cass of Cass & Associates, PC; The Honorable James Miller III of Husch Blackwell LLP; The Honorable Charles "Rick" Rule of Cadwalader Wickersham & Taft LLP; Mr. Robert A. Skitol of Drinker Biddle & Reath LLP; and Prof. F. Scott Kieff of George Washington University Law School as the moderator.
