The United States has been, and should continue to be, a global leader in the development and implementation of sound competition law and policy. Our experience with enforcement can provide valuable lessons for other jurisdictions, and it is important that the United States continue to advocate for enforcement that fuels economic growth through the promotion of consumer welfare and innovation.
When competition law is applied in a discriminatory manner or relies upon non-competition factors to engineer outcomes in support of national champions or industrial policy objectives, the impact of such instances arguably goes beyond the role of U.S. antitrust agencies. The Chamber believes it is critical for the United States to develop a coordinated trade and competition law approach to international economic policy.
For that reason, the Chamber has assembled a diverse group of experts with experience in international antitrust and trade law and policy. We have asked the group to develop recommendations for the incoming Administration and Congress on how the United States should address the growing complexity and challenges presented by divergent global antitrust enforcement practices, the blend of industrial policy and competition policy, and the relationship between antitrust and trade.
The independent group is expected to complete its work and offer its recommendations by the end of January 2017.
Potential policy considerations include:
- How to best manage concerns about divergence among antitrust agencies around the world as it relates to cartel enforcement, merger review, and conduct matters.
- What can or should be done to address the misuse of competition enforcement to advance non-competition policy objectives and industrial policy.
- The interface between competition policy and trade policy, including the role of competition chapters in trade agreements.
- Emerging issues in trade and antitrust related to the role of state-owned enterprises.
- Effectiveness of technical assistance and the best use of various international forums where trade and competition policy are debated and norms are formed.
- How the U.S. government cooperatively works across agencies on matters of competition policy.
OPPORTUNITY FOR INPUT
The expert group welcomes your input to better inform its deliberations. Should you be interested in sharing your perspectives, experience, or recommendations with the experts please contact Expertsproject@uschamber.com.
Deborah A. Garza, Partner and Co-chair, Antitrust and Competition Law Practice Group, Covington & Burling LLP; Chair, Antitrust Modernization Commission and Former Acting Assistant Attorney General and Deputy AAG, U.S. Justice Department Antitrust Division
Andrew W. Shoyer, Partner and Co-chair, International Trade Practice, Sidley Austin LLP
Terry Calvani. Of Counsel, Freshfields Bruckhaus Deringer U.S. LLP; Former Commissioner, Federal Trade Commission
Dennis Carlton, David McDaniel Keller Professor of Economics, University of Chicago Booth School of Business; Former Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, U.S. Department of Justice
Wendy Cutler, Vice President, Asia Society Policy Institute; Former Deputy U.S. Trade Representative
Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law
David Kappos, Partner, Cravath, Swaine & Moore LLP; Former Under Secretary of Commerce and Director of the United States Patent and Trademark Office
Charles S. Levy, Partner, Cassidy Levy Kent
Abbott (Tad) Lipsky, Jr., Partner, Latham & Watkins LLP; Former Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice.
Douglas Melamed, Professor of the Practice of Law, Stanford Law School; Former Acting Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Alan H. Price, Partner and Chair, International Trade Practice, Wiley Rein LLP
James Rill, Senior Counsel, Baker Botts LLP; Former Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Ambassador Susan Schwab, Strategic Advisor, Mayer Brown LLP; Former U.S. Trade Representative
Christine Varney, Partner and Chair, Antitrust Practice, Cravath, Swaine & Moore LLP; Former Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Joshua Wright, University Professor, Antonin Scalia Law School at George Mason University; Former Commissioner, Federal Trade Commission
Alden Abbott, Rumpel Senior Legal Fellow and Deputy Director of the Meese Center for Legal and Judicial Studies, The Heritage Foundation; Former Director of Antitrust Policy, Federal Trade Commission