RE: Of National Commissions. And Antitrust. And Mergers

----- Original Message -----

Sent: Tuesday, August 03, 2004 11:20 AM
Subject: RE: Of National Commissions. And Antitrust. And Mergers

There is no doubt that the Antitrust Modernization Commission has a conservative makeup. Though the statute called for a wide range of perspectives to be represented, one must ask where are the representatives of (a) consumers (b) the states (c) small business (d) economics (one economist!), and (e) the plaintiffs' bar.

Since likely topics include matters of great and direct concern to all of the above, one would think they would be present at the table. I have been assured that there will be aggressive outreach to give all of these and others ample opportunity to be heard, but there is a huge difference between being invited to present a statement and being able to debate and vote on positions.

The American Antitrust Institute (like the Antitrust Section of the ABA) intends to create task forces to monitor and try to influence the various issues that the AMC decides to take up. For background on the AMC and my perspective on how it fits in with prior blue ribbon antitrust commissions, see Albert A. Foer, "Putting the Antitrust Modernization Commission into Perspective," 51 Buffalo L.Rev 1029 (2003), available at http://www.antitrustinstitute.org/recent2/292.cfm.

Bert Foer, President
American Antitrust Institute