A Creature of Statute: American Antitrust Law

Although a creature of statute, American antitrust law functions in practice as a field of common law. Courts have had the preeminent role in shaping the contours of its application, imposing the “rule of reason” and defining concepts like competition and the use of economic evidence. While antitrust precedents are closely examined by practitioners and academics alike, less attention is paid to whether the developments in antitrust law over the last century are consistent with the text of the antitrust laws. This panel will discuss the meaning of the antitrust texts, how or whether current law is consistent with the plain meaning of the statutes, and what that means for antitrust policy going forward. Featuring: Prof. Daniel A. Crane, Richard W. Pogue Professor of Law, University of Michigan Law School Mr. Ashley Keller, Partner, Keller Postman Ms. Doha Mekki, Principal Deputy Assistant Attorney General, Antitrust Division, United States Department of Justice Mr. Bilal Sayyed, Senior Competition Counsel, TechFreedom Moderator: Hon. Stephanos Bibas, United States Court of Appeals, Third Circuit Overflow: Cabinet & Senate Rooms