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Various smaller panels at #ATSpring #ABAAntitrustweek had ideological balance, but it says quite a lot that Chair Steven Cernak's showcase– held in the largest room, with no alternative programming in its time slot– did not.

So here's my beef with yesterday's ABA Spring Meeting Chairman's showcase in DC.
Overall I enjoyed the ABA Spring meeting, which is always fun. I particularly enjoyed Rebecca Slaughter's courageous defense of the FTC and its structure. But I wasn't too happy with the showcase, meant to be the big event of the day.
The topic was whether antitrust has been doing the economics wrong, which is a good topic and one that has been sharply debated over the last decade in a very useful conversation. I was interested to see what would be said.
Unfortunately the panel was deeply unrepresentative of the broader debate. It featured Nicolas Petit, arguing that dynamic considerations should yield less merger enforcement and create new defenses in merger cases. Neil Chilson of the Abundance institute who took what is in fact a very traditional position: that things are so complicated that government should rarely (i.e. almost never) act (in his case, because firm boundaries are unknowable). And Koren Wong-Ervin, who was there to argue a doctrinal, not economic theory: that there should be a strong causation requirement in every Section 2 case (a "but for" requirement). Her theory would also yield less enforcement and weaker antitrust.
On the other side, as it were, was Diana Moss, former head of AAI (now at the "progressive policy institute") and the self-described pro-enforcement figure on the panel. She argued in her summation that the static Chicago-Harvard approach dominant for much of the last 40 years has been generally pretty much okay but we should return to the consumer welfare standard. And she said that AT&T and Time Warner had strong efficiencies at the time that justified their merger even if things didn't work out as they'd planned (AT&T lost billions in the acquisition). There was no serious critique of the static Chicago-inspired model. That was the pro-enforcement side of the debate.
To say these views are unrepresentative of the current critiques of Chicago/Harvard antitrust economics is an understatement. It misses even the 90s post-Chicago critiques, the points made by pro-enforcement economists like Fiona Scott-Morton, Nancy Rose, Jon Baker or Carl Shapiro, not to mention the much sharper critiques of Eric Posner, Ioana Marianescu, Scott Hemphill or others, on topic like the neglect of labor markets, neglect of direct measurements of market power, failure to understood the relationship between competition and innovation (another dynamic concern), the treatment of nascent competitors, killer acquisitions -- you name it.
Obviously not every panel can or should represent every viewpoint. But the ABA Spring Meeting sometimes has been criticized for catering too much to the defense bar or big business. This panel -- the "showcase" which everyone is meant to attend -- had the unfortunate effect of living up to that stereotype. The ABA antitrust section can and should do better.
Spring Meeting offers great opportunities to make new connections in the antitrust community.
But the side events also help far-flung colleagues reconnect to discuss the art of the deal.
#ATSpring #ABAAntitrustweek

Thursday at #ATSpring was packed! From sessions, Fireside Chats, & Mock Trial to Diversity Dialogues and the Chair's Showcase—capped off with soul & rock classics at the Spring Soiree! #ABAAntitrustWeek
🔹 Don’t miss today’s Enforcers’ Roundtable (10 AM–Noon, M2: Marquis Ballroom)
📚 Last chance to visit the bookstore (M4: Archives, 7 AM–Noon) for books, coffee & 10% off! Plus, check out @vlex: https://t.co/viA5gYnwMz

California state enforcer Paula Blizzard gave a powerful rebuttal to Eric Stock's provocative claim that state AGs should adopt a blanket policy of deferring to DOJ's leniency program:
"No"
While happy to work out case by case situations...
#ATSpring #ABAAntitrustWeek

It's encouraging that after FTC Commissioner Slaughter talked about admin's attempts to remove her, which creates uncertainty for businesses as well as undermining the rule of law, *hundreds* of attorneys clapped for what seemed like 5 minutes #ATSpring #ABAAntitrustweek
Happening now at #ATSpring: Antitrust under Trump 2.0? Today’s panel tackled what enforcement could look like—rollback or build on Biden-era initiatives? Expert insights from William Kovacic, FTC Commissioner Rebecca Slaughter, & AG Phil Weiser. #ABAAntitrustWeek

Happening now at #ATSpring: Antitrust under Trump 2.0? Today’s panel tackled what enforcement could look like—rollback or build on Biden-era initiatives? Expert insights from William Kovacic, FTC Commissioner Rebecca Slaughter, & AG Phil Weiser. #ABAAntitrustWeek

✈️ The ABA Antitrust Law Section team has landed in D.C. & is gearing up for the 73rd Annual #ATSpring! From setting up to previewing the cherry blossoms last night to grabbing a few moments before the action begins, we’re ready to bring you an incredible #ABAAntitrustWeek!

🎥🎉Less than a week to go until #ABAAntitrustWeek— we’ve hit 3,700+ registrants for the 73rd Annual Spring Meeting (April 2-4)! Get ready with this video preview from the Section’s Marketing Committee. See you in D.C.!
Finalize your #ATSpring experience:
🔗Register: https://t.co/Vrh566LsPP
🔗Agenda: https://t.co/5TrHBpOdc5
🔗Brochure: https://t.co/DhKuNLs4hc
🎟️Spring Soiree & Luncheon: https://t.co/opmsWgIkEI
one week from today @abaantitrust #ABAAntitrustWeek begins. Each year is different and each year presents great opportunities to met new people from around the globe. each year I think what’s old is new again.

📣The latest edition of "This Week in Antitrust & Consumer Protection" is available! Explore the latest on #antitrust, #consumerprotection, #dataprivacy. Read: https://t.co/a6OQpWr0P9
Highlights: #ATSpring #ABAAntitrustWeek Countdown! (https://t.co/DHtwitLFLu), Hotel Deadline March 21 for 2025 Antitrust in the Americas (https://t.co/ynWxBMYK3h), 2025 Antitrust Global Private Litigation Conference (https://t.co/idAzrzPOer), & more!


Join vLex at the @ABAesq Antitrust Law Section’s 71st Annual Spring Meeting in Washington, DC. Visit the vLex booth at the event or download the guide to learn more about vLex's new partnership with @abaantitrust: https://t.co/Zz1pKr92JD
#atspring #antitrust #abaantitrustweek

Happy #atspring #abaantitrustweek and welcome to the @abaantitrust Spring Meeting! You probably didn't notice the non-compete when you registered barring you from any other CLE or vacation spot. We did it after misreading @evanstarr's work. Hope you enjoy your raise!
#Satire
If you haven't muted me this week, you'll want to next week when I go to the ABA Antitrust Spring Meeting.
@abaantitrust
#Antitrust #Antitrustlaw #ATSpring #abaantitrustweek

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