The New Roaring Twenties: The Progressive Agenda for Antitrust and Consumer Protection Law
DATE: Friday, October 21 2022
LOCATION: College of Law
Lee E. Teitelbaum Utah Law Review Symposium
Enforcement of the antitrust and consumer protection laws in the United States has experienced significant fluctuations over time. While enforcement activity by the Department of Justice (DOJ) and Federal Trade Commission (FTC) was vigorous from World War I through the post-War years, the emergence of the “Chicago School” in the 1970s resulted in a narrowed, efficiency-oriented focus that, with a few notable exceptions, resulted in diminished agency enforcement and judicial narrowing of key legal doctrines. Under current practice, antitrust has only considered very narrow theories of harm that do not take into account the full market effects of dominant firm conduct. While there were some dissenting voices, notably Professor John Flynn at the University of Utah, federal enforcement agencies and courts were largely dominated by Chicago School thinking. In the 2010s, however, a significant counter-current began to emerge, seeking to link antitrust enforcement to broader social ailments such as wealth inequality, decreasing labor share, and the growth of platform technology monopolies.
In 2019, the University of Utah Department of Economics, led by Professors Mark Glick and Marshall Steinbaum, organized a conference entitled “A New Future for Antitrust”. The conference developed a set of principles for the reform and refocusing of antitrust law in the era of “big tech” entitled “The Utah Statement”.
Now, three years later, the Biden Administration has opened the door to a new progressive antitrust and consumer protection agenda for the federal government and the United States’ principal federal antitrust policy and enforcement officials have already made significant inroads into these areas. And at the state level, Utah is among the most active enforcers of its antitrust laws against tech giants, leading several national efforts in this regard. As such, the time is ripe to assess the Utah Statement anew, not as a document of political dissent, but as the charter for a newly invigorated federal enforcement program.
8:00-9:00 a.m. – Breakfast
9:00-9:15 a.m. – Welcoming Remarks
Elizabeth Kronk Warner, Dean, University of Utah S.J. Quinney College of Law
Norman Waitzman, Chair, University of Utah Department of Economics
Jorge Contreras, Director, University of Utah S.J. Quinney College of Law Program on IP and Technology Law
9:20-10:05 a.m. – Keynote Address:
Jonathan Kanter, Assistant Attorney General for the U.S. Dept. of Justice, Antitrust Division
10:10-11:20 a.m. – Panel 1: The Goals of Antitrust
Moderator: Mark Glick, University of Utah, Department of Economics
Darren Bush, University of Houston Law School
Gabriel Lozata, University of Utah, Department of Economics
Robert Lande, University of Baltimore, Law School
Judge Robert Shelby, Chief Judge, U.S. District Court, District of Utah
Susan Athey, Chief Economist, Antitrust Division of the U.S. Department of Justice
11:20 -11:40 a.m. – Break
11:40 a.m. – 12:35 p.m. – Panel 2: Consumer Protection in the New Progressive Era
Moderator: Christopher Peterson, University of Utah, SJQ College of Law
Manisha Padi, UC Berkley, Law School
Luke Herrine, University of Alabama, Law School
Lauren E. Willis, Loyola Marymount University, Law School
12:35-1:35 p.m. – Lunch Break
1:35-2:20 p.m. – Keynote Address:
Ramogi Huma, Director, National College Players Association
2:25-3:35 p.m. – Panel 3: Labor and Big Tech in 2022 and Beyond
Moderator: Marshall Steinbaum, University of Utah, Department of Economics
Doha Mekki, Principal Deputy Assistant Attorney General, USDOJ
Brian Callaci, Open Markets Institute
Hal Singer, University of Utah
Cristina Caffarra, Keystone Strategy
3:35-3:55 p.m. – Break
3:55-4:40 p.m. – Panel 4: The Antitrust – Intellectual Propery Intersection
Moderator: Jorge Contreras, University of Utah, SJQ College of Law
Michael Carrier, Rutgers, Law School
Edith Ramirez, Hogan & Lovells, formerly Chair, Federal Trade Commission
Lara Swensen, James, Dodge, Russell, & Stephens, P.C. and Chair, Utah State Bar Antitrust Section
Jim Kearl, BYU, Department of Economics
4:55-5:00 p.m. – Closing Remarks
Mark Glick, University of Utah, Department of Economics
This event is co-sponsored by the Utah State Bar Intellectual Property Section and Utah State Bar Antitrust Section.
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The S.J. Quinney College of Law is pleased to provide free CLE opportunities for attorneys. All donations welcome to support our programs.