E-Books, Mergers and Social Media Up for Discussion

Antitrust is always at the cutting edge of the legal profession. Why? Because the resolution of antitrust cases depends on what people are doing—and how markets are working—right now. For example, the antitrust case recently brought by the Department of Justice and state AGs against Apple concerns how electronic books are sold, priced, and read in the modern world. The DOJ’s recent high-profile challenge to the American Airlines/USAir merger raised complex questions about how the modern airline and travel industries function. Litigating an antitrust case requires a deep understanding of the current state of competition in whatever product market is at issue– and the evolution of that market can have dramatic effects on the outcome of the case. After all, a little over five years ago Facebook was an upstart competitor, and MySpace was being sued for monopolization. For another example, just ask Office Depot, whose proposed merger with Staples was blocked in 1997 by the Federal Trade Commission based on a lack of adequate alternatives to the three top office supply superstores for purchasing low cost office supplies. This year, the FTC allowed Office Depot to merge with Office Max with no action—perhaps concluding that the rise of online retailers like Amazon has left the concept of a “dominant” retail office superstore in the last millennium. Clearly, antitrust attorneys must know how modern markets work if they are to be successful.

It is no accident, then, that the Antitrust Section of the New York State Bar Association has lined up a day of cutting edge legal and technology issues for its Annual Meeting on Thursday, Jan. 30, 2014. The day begins with a survey of the latest developments in antitrust in 2013, with a discussion of this year’s highlights, including the Supreme Court’s decision in FTC v. Actavis, the E-books and AA/USAir cases, and other leading government and private antitrust cases. The schedule then turns to a discussion of social media and competition policy. The meteoric rise of social media platforms such as Facebook and Twitter have had a dramatic effect on how people interact with each other and with the suppliers of products they consume; the implications of these developments on antitrust law and the next generation of antitrust cases will be significant. The rest of the day’s activities include panels and discussions of other timely and contemporary issues relating to antitrust trials, merger investigations, and class actions. Any practitioner with more than a passing interest in antitrust or competition issues will not want to miss it. In addition, at our Annual Meeting dinner, the keynote speech will be provided by William Baer, the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice.