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Antitrust and Silicon Valley: New Themes and Direction in Competition Law and Policy

March 1, 2019 @ 8:00 am - 6:00 pm

Sponsored by Santa Clara University School of Law*, the Santa Clara Law Review, the Santa Clara Center for Global Law and Policy, The Heafey Center for Trial and Appellate Practice, and the California Lawyers Association: Antitrust, UCL & Privacy Section

Learn more about the CLA Antitrust, UCL & Privacy Section here.


Symposium Schedule

Speaker Bios

Event video

Ticket Prices:

  • Registering as a Student: Free
  • Registering for MCLE credit: $30
  • Speakers and other Attendees: Free

Location: This event will take place in Charney Hall, in the Panelli Court Room, rooms 103 and 104.

This day long symposium will feature well-known antitrust and competition lawyers, experts and scholars.

There will be a continental breakfast served in the earlier portion of the day, lunch served in the afternoon, and a reception after the event with food and drinks.

The program will qualify for 7.75 hours of continuing legal education and 1.5 hours of ethics credit under the California MCLE regulations.

Topics covered:

The authors and presenters will address a number of contemporary and challenging issues facing antitrust lawyers, judges, and policy makers. These topics include:

  • Concept of dominance in technology fields such as search engines and platform markets;
  • Platform markets and two-sided markets;
  • Intellectual property and its interface with antitrust law;
  • Competition and collusion issues in markets for pharmaceutical products; and
  • How antitrust effects “gig economy” markets.

For additional information, please contact Marsha Levinson, Symposium Editor of the Santa Clara Law Review at mlevinson@scu.edu

* The Symposium has received generous support of the following School of Law departments: Center for Global Law and Policy; Heafey Center for Trial and Appellate Practice, and High Tech Law Institute

Symposium Schedule:

8:00 am Continental Breakfast
8:30 am Welcome and Introductions

Beverly Bergstrom, Editor in Chief, Santa Clara Law Review

Marsha Levinson, Symposium Editor, Santa Clara Law Review

Lindsay Lutz, Senior Counsel, Intel Corporation

8:45 am

Keynote Address:
Labor Antitrust Enforcement and the Department’s Initiatives

Michael Murray
Deputy Assistant Attorney General
Antitrust Division of U.S. Department of Justice

9:15 am Panel I: Patent, Intellectual Property and Antitrust

Mark Lemley – William H. Neukom Professor of Law, Stanford University Law School
Unfair Disruption of Existing Markets as Legal Injury

Michael Carrier – Distinguished Professor of Law, Rutgers University School of Law
Pharmaceuticals and Antitrust

Peter Lee – Professor of Law, University of California Davis School of Law
Retheorizing the Impact of Intellectual Property Rights on Industry Structure

Peter Huston – Baker Botts, San Francisco – moderator and presenter

10:30 am Break
10:45 am Panel II: Competition Law Policy and Issues of Enforcement

Joseph Coniglio – Sidley Austin, Washington, D.C.
Economizing the Totalitarian Temptation: A Risk-Averse Liberal Realism for a Post-Neoliberal Political Economy and Competition Policy

Barak Orbach – University of Arizona School of Law
Innovation, Antitrust Enforcement, and Personal Liability

Robert McNary – Crowell & Moring, Los Angeles – moderator and presenter

11:45 am Lunch
12:15 pm

Keynote Address:
A Historical Perspective on Antitrust Law and Practice in Silicon Valley

Daniel M. Wall – Latham & Watkins

Discussion and Comments

1:00 pm Panel III: Antitrust Law in Silicon Valley – Platform Markets, Illinois Brick and Standing to Sue, EU Enforcement and other Antitrust Issues

Bonnie E. Sweeney – Hausfeld

Tom Lavelle – Former General Counsel, Rambus and Xilinix

Paula Blizzard – Deputy Attorney General, CA Attorney General’s Office

Brendan P. Glackin – Lieff, Cabraser, Heimann & Bernstein

Donald J. Polden – Professor of Law, Santa Clara University (moderator)

2:30 pm Panel IV: Monopolization and the Problems of Dominance and Anti-competitive Performance

John Mark Newman – Professor of Law, University of Memphis Law School
Antitrust in Attention Markets: Objections and Responses

Maurice Eitel Stucke – Professor of Law, University of Tennessee College of Law
Risks and Regulation of Data-opolies

Orly Lobel – Don Weckstein Professor of Law, University of San Diego Law School
Gentlemen Prefer Bonds: How Employers Fix the Talent Market

Abiel Garcia – Gibson Dunn & Crutcher, Los Angeles – moderator and presenter

3:45 pm Break
4:00 pm No-poach Agreements and Litigation in Silicon Valley

This panel will feature a screening of the new documentary film, “When Rules Don’t Apply”, on the Silicon Valley saga involving tech company no-poach agreements, the subsequent U.S. Department of Justice criminal antitrust case and the class actions on behalf of engineers and animators in Silicon Valley. A panel including the film’s director and advisors and antitrust experts will discuss the implicated ethical, antitrust and labor issues, including wage suppression and restrictions on competition for highly skilled labor in Silicon Valley and the ethical duties of lawyers and employers.

Chris Benner, Ph.D. – Dorothy E. Everett Chair in Global Information and Social Entrepreneurship and Director, Everett Program for Technology and Social Change, University of California, Santa Cruz

Doha Mekki – Counsel to Assistant Attorney General, Department of Justice, Antitrust Division

David Donnenfield – Filmmakers Collaborative, San Francisco

Dean Harvey – Lieff, Cabraser, Heimann & Bernstein

Donald J. Polden – Professor of Law, Santa Clara University (moderator)

5:30 pm Adjourn and Reception for Speakers and Attendees


The speakers presenting at the Symposium, including those who responded to a call for papers and those who will be submitting an article for the Law Review symposium issue are as follows:

Dr. Chris BennerChris Benner

Dr. Chris Benner is the Dorothy E. Everett Chair in Global Information and Social Entrepreneurship, and a Professor of Environmental Studies and Sociology at the University of California, Santa Cruz. He currently directs the Everett Program for Technology and Social Change and the Santa Cruz Institute for Social Transformation. His research examines the relationships between technological change, regional development, and the structure of economic opportunity, focusing on regional labor markets and the transformation of work and employment. He has authored or co-authored six books (most recently Equity, Growth and Community, 2015, UC Press) and more that 70 journal articles, chapters and research reports. He received his Ph.D. in City and Regional Planning from the University of California, Berkeley.

Paula BlizzardPaula L. Blizzard
Deputy Attorney General
Antitrust Section
California Office of the Attorney General
Sources for Paula Blizzard

Paula Blizzard is currently at the California Attorney General’s Office in the Antitrust Section. From 2000-2004 she was at the USDOJ Antitrust Division, working on US v Microsoft and US v. Oracle (Peoplesoft merger). As a partner at Keker, Van Nest and Peters from 2004-2014, she tried all manner of cases, including many patent and antitrust cases. Notable antitrust matters included pharmaceutical pay-for-delay FTC investigations, In Re Tricor Antitrust Litigation, In Re TFT-LCD (Flat Panel) Antitrust Litigation, In re High-Tech Employee Antitrust Litigation, San Jose v. MLB, In re Auto Parts Antitrust Litigation, and NY v. Intel. She recently spent two years at the FCC as Deputy Bureau Chief of the Enforcement Bureau, bringing enforcement actions against telecom carriers as well as working on Net Neutrality. She joined the California Attorney General’s Office in May 2017.

Prior to being a lawyer, Paula spent eight years in aerospace, proving consulting services to NASA, designing spacecraft and ground communication systems, and helping NASA put its data on the internet before most people knew what it was. She has an undergraduate degree in Physics from MIT.

Michael CarrierMichael Carrier
Distinguished Professor, Rutgers Law School
Co-Director, Rutgers Institute for Information Policy and Law


Title of Article: Pharmaceuticals and Antitrust

Michael A. Carrier is a leading authority in antitrust and intellectual property law. Professor Carrier is a co-author of the leading IP/antitrust treatise, “IP and Antitrust Law: An Analysis of Antitrust Principles Applied to Intellectual Property Law.” He also is the author of “Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law” and has written more than 100 book chapters and law review articles in leading journals. Professor Carrier’s scholarship has been cited in numerous courts; he has testified in front of the FDA, FTC, National Academies, and Senate Judiciary Committee; and he is frequently quoted in the media.

Joseph V. ConiglioJoseph V. Coniglio
Attorney, Sidley Austin LLP

Joe Coniglio is an associate in the Washington, DC office of Sidley Austin LLP, where he represents clients before the Department of Justice and Federal Trade Commission in all areas of antitrust law, and a graduate of Georgetown University Law Center.

While in law school, Joe was a paralegal specialist in the Technology and Financial Services Section of the DOJ’s Antitrust Division, where he worked on civil compliance, merger, and litigation matters in the technology and financial services sectors, as well as on a criminal antitrust investigation while on detail in the Fraud Section of the DOJ’s Criminal Division. He also worked as a legal intern at the FTC in the Office of Commissioner Joshua D. Wright, where he focused on policy and enforcement issues relating to the intersection of antitrust and intellectual property. In addition, Joe interned at the Competition and Infrastructure Policy Division in the Wireless Telecommunications Bureau of the Federal Communications Commission, where he worked on a variety of matters involving competition policy in the mobile broadband industry.

Joe is an editor of the North America Column for Competition Policy International, a leading thought resource for the global antitrust and competition policy community, and has published several articles addressing contemporary issues in antitrust law, competition policy, and political economy.

David DonnenfieldDavid Donnenfield
Director, Producer, Writer
Filmmakers Collaborative SF

Film: “When Rules Don’t Apply”

David Donnenfield has been producing content-rich media on social and environmental issues for over thirty years. Upon graduating from UCLA film school, he worked for five years at the CA State Dept. of Education as a documentary filmmake – probably the only legitimate and secure job he ever had. While there, he developed an appreciation and respect for both teachers and education that later manifested as a graduate degree in Educational Technology from San Francisco State University where he was the department’s Outstanding Student. He then spent several years as an independent producer and instructional designer, creating training, marketing, and internal communication programs for tech firms like Hewlett-Packard, Sun Microsystems, Verifone, Oracle, and others. Periodically, he found himself working on utterly more satisfying, but considerably less well-paid, programs on topics ranging from autism to CA native grass. Unable to resist the call, he ultimately gave up the well-paid for the more satisfying.

Since then, he and his partner, Kevin White, have produced films for NOAA, for the Farallon Institute, Sonoma Coast Marine Protected Areas, National Fish and Wildlife Foundation, CA Museum, US Bureau of Land Management, US Geological Survey, the CA Attorney General’s office of Antitrust Enforcement, and other public agencies and institutions. Their independent film, “A Simple Question,” was awarded numerous awards at international film festivals, including the Harold Gilliam Award for Excellence in Environmental Journalism conferred by the Bay Institute. Many of their films have aired nationally on PBS, including their first film on antitrust, “Fair Fight in the Marketplace,” – a collaboration with the American Antitrust Institute. Their current film on an antitrust topic, “When Rules Don’t Apply,” which recounts the no-poach and wage suppression conspiracy by leading tech executives in the Valley, will soon be released, to the consternation of the ill-intentioned everywhere. Or so we hope.

Abiel GarciaAbiel Garcia
Associate, Gibson, Dunn & Crutcher LLP

Abiel Garcia is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the Antitrust and Competition Practice Group.

Mr. Garcia has experience in a variety of health care and pharmaceutical antitrust conduct matters, as well as a diverse experience in merger clearance review. Prior to joining Gibson Dunn, Mr. Garcia was a Deputy Attorney General for the State of California Attorney General’s Office. In that position, he handled the California-specific issues in the F.T.C. v. Sysco/US Foods merger investigation and preliminary injunction hearing. He also worked on a variety of health care conduct investigations that included a diverse array of issues such as hospital contracting practices, physician-hospital collaborations, FDA regulatory pathways, reverse payments, product hopping, REMS abuse, and many others.

Mr. Garcia is a contributor to and author of multiple chapters in the California Antitrust and Unfair Competition Law Treatise, writing on such topics as horizontal and vertical competition, the health care industry, and others. He is also a member of the Los Angeles County Bar Association Antitrust Section Executive Committee.

Mr. Garcia received his Juris Doctor from Columbia Law School in 2012, where he was a Harlan Fiske Stone Scholar. Prior to law school, Mr. Garcia graduated from Occidental College in 2009 with a Bachelor of Arts in economics.

Brendan GlackinBrendan Glackin
Lieff Cabraser Heimann & Bernstein

Brendan Glackin is a dedicated antitrust litigator and experienced trial lawyer. He served as trial counsel in both Meijer, Inc. v. Abbott Laboratories (“Norvir”) and In re TFT-LCD (Flat Panel) Antitrust Litigation (“LCD”). In LCD, the direct purchaser plaintiffs represented by Lieff Cabraser reached settlements totaling over $400 million with all but one defendant, Toshiba, and accordingly proceeded to trial. After a six-week trial, the jury awarded plaintiffs $261 million, following statutory trebling. The National Law Journal recognized this verdict as among the top 10 verdicts for 2012. The case was subsequently settled, bringing the total direct purchaser settlements in the LCDs antitrust litigation to over $470 million. In Norvir, after opening statements and the presentation of four witnesses and evidence to the jury, plaintiffs and Abbott Laboratories entered into a $52 million settlement.

Brendan also played a leading role for the firm in In re Titanium Dioxide, In re Lithium Ion Batteries, and In re High-Tech Employees. In each case Lieff Cabraser served as co-lead counsel for the class. Settlements in these three cases have amounted to over $700 million.

Brendan presently serves as lead class counsel in two antitrust matters, DiCesare v. Carolinas HealthCare System and Nashville General Hospital v. Momenta Pharmaceuticals. Brendan also presently serves on the Lieff Cabraser team representing The Charles Schwab Corporation in a suit against the world’s major banks for allegedly manipulating the London Interbank Offered Rate (LIBOR), which is used as a global reference rate by financial institutions.

Brendan is a frequent speaker on antitrust law and complex class actions. He also teaches trial advocacy through the National Institute for Trial Advocacy (NITA). As a Deputy Public Defender in Contra Costa County, Brendan took more than twenty felony and misdemeanor cases to trial.

Dean HarveyDean Harvey
Partner, Lieff Cabraser Heimann & Bernstein

Dean is among the nation’s leading advocates for workers asserting antitrust claims. He represented a nationwide class of over 64,000 high-tech workers against Google, Apple, Intel and other tech giants for conspiring to suppress the mobility and compensation of their technical employees. This landmark case resulted in the largest recovery (by far) of any class action asserting antitrust claims in the employment context: $435 million. The Daily Journal described the case as the “most significant antitrust employment case in recent history,” adding that it “has been widely recognized as a legal and public policy breakthrough.” The case is the subject of an upcoming documentary film, When Rules Don’t Apply.

Dean continues the fight to ensure that employees receive competitive compensation. He represents a certified class of over 5,000 academic doctors at Duke and UNC regarding an understanding between the schools not to compete for each other’s faculty. The case is set for trial in July of 2019. He is co-lead interim class counsel of a proposed nationwide class of workers alleging a conspiracy between the world’s two leading rail equipment suppliers to suppress the pay of their employees. He is also proposed co-lead class counsel in several cases against the nation’s leading fast food franchisors, challenging franchise agreements that prohibited franchisees from competing for each other’s workers.

Dean also represents consumers and small businesses in cases challenging price-fixing conspiracies, particularly regarding the exorbitant prices of prescription drugs. For example, the Cipro litigation led to a landmark (and unanimous) decision by the California Supreme Court upholding the rights of consumers to challenge backroom deals between brand name drug makers and generic manufacturers to eliminate competition for life-saving medications. That case led to total settlements of $399 million, nearly $68 million more than estimated damages. The trial court described the outcome as “extraordinary,” adding that it was “not aware of any case” that “has taken roughly 17 years,” where, net of fees, end-payor “claimants will get basically 100 cents on the dollar[.]”

Dean also represents a municipal public employee union and other proposed class members challenging a wide-ranging alleged conspiracy among generic drug makers to inflate the prices of many generic drugs. The conspiracy has been described as most likely the largest cartel in the history of the United States.

Dean previously worked for the Antitrust Division of the United States Department of Justice, and was a Law Clerk to the Honorable James V. Selna of the United States District Court for the Central District of California.

In 2017, the American Bar Association recognized Dean as one of the top 40 young lawyers in the country, and the Daily Journal included Dean in its “Top 40 Under 40” list of the most esteemed California attorneys under the age of 40. In 2016, Dean received a California Lawyer Attorneys of the Year (CLAY) award for the Cipro antitrust litigation. From 2013 to the present, Super Lawyers has named Dean a “Super Lawyer,” after naming him a “Rising Star” from 2010 through 2012. In 2013, The Recorder recognized Dean as a “Lawyer on the Fast Track,” one of 50 attorneys in California “whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders.” In 2006, Dean received the first annual William E. Swope Antitrust Writing Award for his paper, “Anticompetitive Social Norms as Antitrust Violations,” published by the California Law Review.

Dean is Co-Chair of the American Bar Association Section of Antitrust Law, Competition Torts Committee, is a member of the American Antitrust Institute’s Advisory Board, and has served as a member of the Law360 Competition Editorial Advisory Board.

Peter HustonPeter Huston
Partner, Baker Botts

Peter Huston is a partner in Baker Botts’ Antitrust and Competition Practice with more than 25 years of experience handling high-stakes civil and criminal antitrust litigation, trials, government investigations and merger clearance work, both in and out of government.

Mr. Huston has represented clients faced with civil and criminal antitrust and unfair competition exposure and has represented entities seeking agency approval for mergers and acquisitions. He has conducted internal investigations for major international corporations in cartel matters, worked on many complex antitrust cases and has significant defense-side trial experience. Mr. Huston also provides clients with antitrust advice on numerous subjects and helps them establish effective compliance programs tailored to their specific needs.

Mr. Huston previously served as Assistant Chief in the San Francisco Office of the Antitrust Division of the United States Department of Justice where he led and supervised both criminal cartel matters and civil merger matters. For his government service, Mr. Huston was awarded the Attorney General’s Distinguished Service Award and was twice awarded the Antitrust Division’s Award of Distinction.

While at the Antitrust Division, Mr. Huston also served as head of the office’s civil program and investigated several proposed mergers. He was the lead trial counsel in United States v. Bazaarvoice, the government’s challenge to the consummated merger of the two leading providers of online rating and review software and services.

Tom LavelleTom Lavelle
Adjunct Professor, Santa Clara Law

Tom Lavelle spent 36 years working as an in-house attorney for High Tech companies, including 15 years as General Counsel for large tech companies. These companies included Intel Corporation for 16 years, C-suite general counsel positions at NeXT Computer, where he worked with and for Steve Jobs, and at Xilinx and Rambus. Over his career he handled or managed all areas of high tech law, from corporate and securities, to tech licensing and patent litigation. In 2014, Tom came back to Santa Clara Law and starting teaching in the Entrepreneurs’ Law Clinic. From 2016 until 2018, he served as Managing Director of Santa Clara Law’s High Tech Law Institute. The intellectual property and high tech law program at Santa Clara has been rated in the top ten nationally for many years, and for the past two years Santa Clara Law has been ranked #4 by US News and World Report.

During Tom’s tenure at Intel, he created Intel’s first antitrust compliance program, and successfully managed Intel’s response to the first FTC investigation into Intel’s practices, as well as assisting on Sherman 2 litigation claims filed by AMD against Intel. During Tom’s time at Rambus, he oversaw the case overturning the FTC’s claims against Rambus of alleged antitrust violations in Rambus’ patent licensing program. He also successfully defended a parallel case against Rambus filed in the EU by the Directorate General of Competition, with no fines or penalties imposed, as well as overseeing a number of other antitrust-related litigations filed by or against Rambus.

Peter LeePeter Lee
Professor of Law, UC Davis School of Law
Faculty web page

Peter Lee teaches and writes in the areas of patent law, innovation, and technology transfer. His current scholarship explores the institutional context of innovation as well as the intersection of intellectual property law and academic science. His recent works have appeared in The Yale Law Journal, California Law Review, Duke Law Journal, Michigan Law Review, and other leading journals. Professor Lee has received numerous awards for his scholarly work, including the UC Davis Chancellor’s Fellowship, the Samsung-Stanford Patent Prize, and inclusion in West/Thomson’s annual Intellectual Property Law Review. He has served as a Visiting Scholar at Melbourne Law School and speaks widely on intellectual property matters in the United States and abroad.

Professor Lee received his undergraduate degree from Harvard University, where he studied the history and philosophy of science. He received his J.D. from Yale Law School, where he was a member of The Yale Law Journal. Professor Lee joined the UC Davis faculty after clerking for Judge Barry G. Silverman of the Ninth Circuit Court of Appeals.

At UC Davis, he teaches Patent Law, Intellectual Property, International Intellectual Property and Development, Property, and a seminar on Innovation and Technology Transfer. Professor Lee received the Distinguished Teaching Award in 2016.

Mark LemleyMark Lemley
William H. Neukom Professor, Stanford Law School
Director, Stanford Program in Law, Science, and Technology
Senior Fellow, Stanford Institute for Economic Policy Research
Affiliated Professor, Stanford Symbolic Systems Program
Partner, Durie Tangri LLP
Co-founder, Lex Machina Inc.

Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He is also a Senior Fellow at the Stanford Institute for Economic Policy Research and as affiliated faculty in the Symbolic Systems program. He teaches intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies. He is the author of seven books and 170 articles, including the two-volume treatise IP and Antitrust. His works have been cited more than 265 times by courts, including 15 times by the United States Supreme Court, and more than 16,000 times in books and law review articles, making him the most-cited scholar in IP law, one of the four most cited legal scholars in any field in the last five years, and one of the five most cited legal scholars of all time. He has published 9 of the 100 most-cited law review articles of the last twenty years, more than any other scholar. His articles have appeared in 23 of the top 25 law reviews, in top economic journals such as the American Economic Review and the Review of Economics and Statistics, and in multiple peer-reviewed and specialty journals. They have been reprinted throughout the world, and translated into Chinese, Japanese, Korean, Spanish, Italian, and Danish. He has taught IP law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified seven times before Congress, and has filed more than 50 amicus briefs in the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts.

Mark is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust, and internet law. He has argued 26 federal appellate cases and numerous district court cases as well as before the California Supreme Court. He has participated in more than three dozen cases in the United States Supreme Court as counsel or amici. His client base is diverse, including Genentech, Dykes on Bikes, artists, and nearly every significant Internet company.

Mark is a founder of Lex Machina, Inc., a startup company that provides litigation data and analytics to law firms, companies, courts, and policymakers. Lex Machina was acquired by Lexis in December 2015.

Mark has been named California Lawyer’s Attorney of the Year twice. He received the California State Bar’s inaugural IP Vanguard Award. He won the 2018 World Technology Award for Law. In 2017 he received the P.J. Federico Award from the Patent and Trademark Office Society. He has been named a Young Global Leader by the Davos World Economic Forum and Berkeley Law School’s Young Alumnus of the Year (back when he was young). He has been recognized as one of the top 50 litigators in the country under 45 and one of the 25 most influential people in IP by American Lawyer, one of the 100 most influential lawyers in the nation by the National Law Journal, and one of the 10 most admired attorneys in IP by IP360. He is a member of the American Academy of Arts and Sciences, the American Law Institute, and the IP Hall of Fame.

Mark clerked for Judge Dorothy Nelson on the United States Court of Appeals for the Ninth Circuit and has practiced law in Silicon Valley with Brown & Bain and with Fish & Richardson and in San Francisco with Keker & Van Nest. He has previously held faculty positions at Berkeley Law School and the University of Texas School of Law. In his spare time, Mark enjoys cooking, travel, yoga, and feeding his addiction to video games (at this writing, Assassin’s Creed: Odyssey).

Orly LobelOrly Lobel
Don Weckstein Professor of Law, University of San Diego
You Don’t Own Me Amazon, Barnes & Noble
Talent Wants to Be Free Amazon, B&N, Indie Bound, 800-CEO-READ
The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property (Texas Law Review, 2015)
Title of Article: Gentlemen Prefer Bonds: How Employers Fix the Talent Market

Orly Lobel is the Don Weckstein Professor of Law at the University of San Diego and the award-winning author several books and numerous articles in top journals. Lobel received her doctoral and law degrees from Harvard University and Tel-Aviv University. She clerked on the Israeli Supreme Court. Her research focuses on employment law, intellectual property law and behavioral law and economics. Her best-selling book You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side (Norton 2017) has been nationally and internationally acclaimed and received rave reviews from the Wall Street Journal, the Financial Times, the New Yorker, NPR, Modern Law, Times Higher Education, the Washington Blade, and more. Her book Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids and Free Riding (Yale University Press 2013), is the winner of several prestigious awards, including Gold Medal Axiom Best Business Books 2014, Gold Medal Independent Publisher’s Award 2014, the 2015 Gold Medal of Next Generation Indie Books and Winner of the International Book Award. She is also the co-author of Employment Law (Employment Law, 6th Edition (Rothstein et al) Thompson Reuters 2019 and The Encyclopedia of Employment and Labor law and Economics (Elgar 2009). Lobel is the recipient of prestigious research grants, a member of the American Law Institute and serves on numerous advisory boards. She was recently named one of The Marker Magazine’s 50 sharpest minds. In 2016 Lobel was invited to Washington DC to present Talent Wants to be Free at the White House, a meeting which resulted in a presidential call for action.

Lindsay LutzLindsay Lutz
Senior Counsel, Intel

Lindsay Lutz recently joined Intel as Senior Counsel, supporting the client compute group on a variety of antitrust and commercial issues. Prior to Intel, Lindsay was eBay’s global competition counsel, managing the antitrust aspects of M&A, litigation, and regulatory matters for eBay and StubHub and prior to that, was counsel at Pillsbury Winthrop Shaw Pittman. Lindsay also serves as Education Chair on the Executive Committee for the Antitrust, Unfair Competition Law, & Privacy Section of the California Lawyers Association.

Rob McNaryRobert B. McNary Counsel, Crowell & Moring LLP

Rob McNary is a counsel in Crowell & Moring’s Antitrust Group in the Los Angeles office, where his practice focuses on antitrust and complex litigation. He has represented various global technology companies in antitrust litigation involving electronic components suppliers, including In re TFT-LCD (Flat Panel) Antitrust Litigation, In re Cathode Ray Tube (CRT) Antitrust Litigation, In re Optical Disk Drive Products Antitrust Litigation, and In re Resistors Antitrust Litigation. His other recent matters include representing a global mobile telecommunications technology company in antitrust and licensing litigation over standards-essential patents, a telecommunications company in litigation over an exclusive service provider relationship, and a national health care provider in federal antitrust litigation alleging monopolization and attempted monopolization.

Rob is a Vice Chair of the American Bar Association Section of Antitrust Law Economics Committee, and co-author of multiple ABA Antitrust Section publications. He is also a member of the California Lawyers Association Antitrust, UCL and Privacy Section Executive Committee, and a past Chair of the Los Angeles County Bar Association Antitrust and Unfair Business Practices Section. His article, “Above FRAND Licensing Offers Do Not Support a California UCL Action in TCL v. Ericsson,” was published in the Fall 2018 issue of Competition, the Journal of the Antitrust, UCL and Privacy Section of the California Lawyers Association. He received his B.A., public policy, and M.S., engineering-economic systems & operations research, from Stanford University, and his J.D. from the University of Chicago Law School.

Doha MekkiDoha Mekki
Counsel to the Assistant Attorney General
U.S. Department of Justice, Antitrust Division

Doha Mekki is a Counsel to the Assistant Attorney General in the Antitrust Division of the United States Department of Justice.

Ms. Mekki joined the Antitrust Division in 2015 as a Trial Attorney in the Defense, Industrials, and Aerospace Section. In that role, she led investigations and litigated merger challenges in the rail, commercial vehicle, and aviation industries. She was previously an associate in the antitrust and financial services groups of an international law firm in New York, NY, where her antitrust practice focused on federal antitrust litigation, government investigations, and counseling.

Ms. Mekki holds an A.B. from Duke University, a J.D. from the University of Pennsylvania Law School, and an M.B.E. from the Center for Bioethics at the University of Pennsylvania Perelman School of Medicine.

Michael MurrayMichael Murray

Michael Murray is a Deputy Assistant Attorney General in the U.S. Department of Justice’s Antitrust Division.

Michael joined the Antitrust Division from the Office of the Deputy Attorney General, where he served as an Associate Deputy Attorney General. In that office, Michael had oversight responsibility for the Civil and Antitrust Divisions and criminal law policy initiatives.

Before joining the Department of Justice in early 2017, Michael was in private practice, where he was an appellate and trial-court litigator in a variety of commercial litigation and antitrust disputes. Michael clerked on the U.S. Court of Appeals for the Ninth Circuit for Judge Diarmuid F. O’Scannlain and on the U.S. Supreme Court for Justice Anthony M. Kennedy.

He graduated from Yale Law School and Princeton University, summa cum laude.

John NewmanJohn Newman
Assistant Professor of Law, University of Memphis School of Law
Title of Article: Antitrust in Attention Markets: Objections and Responses

John Newman is an assistant professor at the University of Memphis School of Law. Professor Newman’s articles on competition and innovation policy have appeared in theUniversity of Pennsylvania Law Review, Washington University Law Review, Vanderbilt Law Review, George Washington Law Review, and a number of other journals. His commentary on antitrust enforcement has been featured by a variety of popular media outlets, including CNBC, the New York Times, Business Insider, and Bloomberg. He has been invited to speak before the U.S. Federal Trade Commission, U.S. Senate policy staff, and at academic institutions within the United States and abroad. He also serves as an advisory-board member of the American Antitrust Institute and regularly advises private-sector clients on contemporary antitrust matters.

Prior to joining the Memphis Law faculty, Professor Newman served as an Honors Program trial attorney with the U.S. Department of Justice Antitrust Division in Washington, D.C. While earning his J.D. with highest honors from the University of Iowa College of Law, Professor Newman served as research assistant to Herbert Hovenkamp, was managing editor of the Iowa Law Review, and published student notes in journals at the University of Iowa and the University of Virginia.

Barak OrbachBarak Orbach
Professor of Law, University of Arizona James E. Rogers College of Law
Title of Article: Innovation, Antitrust Enforcement, and Personal Liability

Barak Orbach is a Professor of Law at the University of Arizona James E. Rogers College of Law, a member of the American Law Institute, the Executive Committee of the Association of American Law Schools’ Section on Antitrust and Economic Regulation, and the Executive Council of the Arizona State Bar’s Antitrust Section, as well as a Fellow of the American Bar Foundation. He is one of the nation’s most well- known authorities on antitrust law. Professor Orbach teaches and writes about antitrust, corporate governance, risk management, compliance, intellectual property, and regulation. He published over 40 articles, essays, and book chapters in these areas.

Additionally, Professor Orbach is the author a leading casebook on regulation, Regulation: Why and How the State Regulates (Foundation Press, 2012). Professor Orbach is also
recognized as the leading legal scholar of the motion picture industry. His study of the motion-picture industry is credited with contributing to a change in the pricing of movies in the United States. Discussions of Professor Orbach’s work appeared in The Atlantic, Forbes, Fortune, Mother Jones, Maclean’s, NPR, Quartz, Slate, Sports Illustrated, The Wall Street Journal, The Washington Post, and many other media outlets.

Over the years, Professor Orbach has delivered talks and advised government agencies, companies, and organizations in more than twenty countries. Additionally, Professor Orbach frequently serves as an expert witness in antitrust cases. Professor Orbach holds undergraduate degrees in law and economics from Tel Aviv University and masters and doctorate degrees in law from Harvard Law School. Before joining academia, Professor Orbach served as an Advisor for Law & Economics to Israel Antitrust Authority and worked as an associate with Cleary, Gottlieb, Steen & Hamilton, New York.

Don PoldenDonald J. Polden
Dean Emeritus and Professor of Law, Santa Clara Law
Title of article: tbd

Donald J. Polden is Dean Emeritus and Professor of Law at Santa Clara University School of Law. Polden served as Dean of Santa Clara University School of Law from 2003 to 2013. Previously to being appointed as Santa Clara Law’s Dean, Polden served as Dean and Professor of Law at the University of Memphis (1993-2003). He currently teaches Antitrust Law and Sports Law at Santa Clara.

Polden is the author of several law review articles on topics of federal antitrust and securities law and American legal education and books and book chapters on federal antitrust law and employment law. His antitrust articles have been cited by federal district and appellate courts and the United States Supreme Court and his book on employment law and practices.

He also practiced law in the federal and state courts, principally in the areas of federal antitrust law, securities law and employment law. His trial and appellate practice cases include four antitrust jury trials and numerous appellate appearances and arguments in appeals of antitrust cases in the Eighth and Fifth Circuit Courts of Appeal and the United States Supreme Court.

Maurice E. Stucke

Maurice E. Stucke
Professor of Law, University of Tennessee College of Law
Faculty Webpage
SSRN Author Page

Maurice E. Stucke is a Professor of Law at the University of Tennessee. He has co-authored two books, Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy (Harvard University Press 2016) and Big Data and Competition Policy (Oxford University Press 2016). HarperCollins will publish in 2019 his book, with Ariel Ezrachi, Competition Overdose: How The Market Ethos Can Both Cure And Poison Us. His work, along with other scholars, now labeled as the progressive, anti-monopoly, New Brandeis School, is introducing a new way of thinking about privacy, competition, and consumer protection in the digital economy, an approach that challenges the antitrust conventional wisdom in place since the 1980s. He has testified before, and provided expert reports for, multiple governments and inter-governmental agencies.

Professor Stucke received a Fulbright Scholar grant in 2010-2011 to teach at China University of Political Science and Law in Beijing. In 2012, he was a Senior Fellow at the University of Melbourne. In 2015 and 2017, he visited University of Oxford, where he was an Academic Visitor at its Institute of European and Comparative Law, a Fellow at its Centre for Competition Law and Policy, and a Senior Associateship at Pembroke College.

Professor Stucke serves as one of the United States’ non-governmental advisors to the International Competition Network, as a Senior Fellow at the American Antitrust Institute, and on the boards of the Institute for Consumer Antitrust Studies and the Academic Society for Competition Law.

Bonny SweeneyBonny Sweeny
Partner, Hausfeld

Bonny E. Sweeney, a leading antitrust litigator, is a Partner in the San Francisco office of Hausfeld and co-chair of the firm’s antitrust practice group. Bonny has represented clients in some of the most significant antitrust cases in the United States in the last 20 years. Such representations include having served as co-lead counsel on behalf of a class of merchants in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig. (E.D.N.Y.), and co-lead counsel in In re Aftermarket Auto Lights Antitrust Litig. (C.D. Cal.), which settled for more than $50 million. Bonny currently serves as lead or co-lead counsel in several pending antitrust class actions, including In re Contact Lens Antitrust Litig. (M.D. Fla.), In re Packaged Seafood Products Antitrust Litig. (S.D. Cal.), and In re Parking Heaters Antitrust Litig. (E.D.N.Y.).

Bonny’s achievements in antitrust litigation have been recognized by a wide range of publications including The Daily Journal, Benchmark Litigation Rankings, Global Competition Review, Best Lawyers and Super Lawyers.

Daniel M. WallDaniel M. Wall
Partner, Latham & Watkins
Dan Wall’s presentation

Since graduating from Santa Clara Law in 1980, Mr. Wall has litigated nearly 100 antitrust cases and argued over a dozen antitrust appeals, including in the United States Supreme Court. He is known for his exceptional courtroom skills, and in particular his ability to craft easy-to-understand defenses of complex business practices. At the same time, Mr. Wall is expert in the merger review process, having steered more than 50 mergers through FTC and DOJ reviews, and litigating five. Mr. Wall also litigates complex commercial cases involving contract and other non-antitrust issues.

Mr. Wall has earned the highest recommendations from every significant publication ranking antitrust lawyers. He is the only antitrust lawyer currently designated as a “Star Individual” by Chambers USA, and the only litigator in Band 1 of the nationwide category for US antitrust lawyers.

Mr. Wall began his career as a trial lawyer in the Antitrust Division of the US Department of Justice, where he was a member of the trial team in United States v. AT&T. He is an active speaker at antitrust conferences and currently teaches “Antitrust Investigations and Litigation” at Berkeley Law.

Robin FeldmanRobin Feldman *
Title of Article: Viral Licensing: Ensuring the Public Interest When Taxpayers Fund Pharmaceutical Research

Robin Feldman is the Arthur J. Goldberg Distinguished Professor of Law and Director of the Institute for Innovation Law. She received a bachelor’s degree from Stanford University and a J.D. from Stanford Law School, graduating the Order of the Coif and receiving the Urban A. Sontheimer Award for graduating second in the class. Professor Feldman served in the Articles Department of the Stanford Law Review. After graduation, she clerked for The Honorable Joseph Sneed of the U.S. Court of Appeals for the Ninth Circuit.

Professor Feldman received the Rutter Award for Teaching Excellence, the Visionary Award from the UC Hastings Board of Directors, and the 1066 Foundation Award for Scholarship. In 2015, she was honored by the American Lawyer Publications as one of the Women Leaders in Law & Tech, the sole academic to receive the honor.

Professor Feldman has published three books, Drug Wars: How Big Pharma Raises Prices & Keeps Generics Off the Market (Cambridge 2017), Rethinking Patent Law (Harvard 2012) and The Role of Science in Law (Oxford 2009), as well as more than 50 articles in law journals including at Harvard, Yale, and Stanford, in the New England Journal of Medicine, and in the American Economic Review. Her work has been cited extensively by the White House, numerous federal and state agencies and members of Congress. Her IP/Antitrust work was cited by parties on both sides during a recent Supreme Court case. She has appeared frequently before committees of the US House & Senate, the California legislature, and federal agencies such as the FTC, DOJ, USPTO, and the National Academy of Sciences. She participated in the GAO’s report to Congress on Artificial Intelligence and in the Army Cyber Institute’s threatcasting exercise on weaponization of data.

Professor Feldman has chaired the Executive Committee of the Antitrust Section of the American Association of Law Schools. In 2012 she was elected to the American Law Institute, where she serves as an advisor to the ALI’s Restatement of Copyright Project.

Professor Feldman directs the UC Hastings Institute for Innovation Law with its flagship program, the Startup Legal Garage. Startup Legal Garage has been named one of the most innovative law school programs in the country and recognized by the American Association of Law Schools as one of the nation’s “Innovative & Other Outstanding Programs.” Information on the Institute, including regarding funding, can be found at innovation.uchastings.edu

*Will not present at the Symposium but has submitted a paper.


March 1, 2019
8:00 am - 6:00 pm
Event Category:


Santa Clara Law Review


Charney Hall 102/103, Panelli Courtroom
500 El Camino Real
Santa Clara, CA 95050 United States
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    Antitrust and Silicon Valley: New Themes and Direction in Competition Law and Policy

  • March 1, 2019
  • 8:00 am - 6:00 pm
  • Charney Hall 102/103, Panelli Courtroom