- Koren Wong-Ervin / Axinn Veltop & Harkrider LL
- Ian Conner / Federal Trade Commission
- Eleanor Fox / New York University School of Law
- The Honorable Douglas Ginsburg / U.S. Court of Appeals for the D.C. Circuit
- Jonathan Jacobson / Wilson Sonsini Goodrich & Rosati
Presented by the Competition/Consumer Protection Policy and North America Committee.
What are Section 2’s causation and competitive effects requirements and how do they compare to those required of claims under Section 7 of the Clayton Act? What does the landmark case Microsoft teach us about this question? Some have suggested that Section 2 does not require proof of actual anti-competitive effects or proof that the “but for” world would be different, but instead requires only a showing that the conduct in question was reasonably capable of making a significant contribution to monopoly power. The speakers will address all sides of this issue and consider the impact that one’s answer has on the ability to challenge consummated mergers, including serial acquisitions.