The December 2003 Proceedings of the Milton Handler Annual Antitrust Review - The Public Square for Antitrust Discourse


THE DECEMBER 2003 PROCEEDINGS OF THE

MILTON HANDLER
ANNUAL ANTITRUST REVIEW

THE PUBLIC SQUARE

FOR ANTITRUST DISCOURSE

In 2002, for the first time, the Committee on Antitrust &
Trade Regulation of the Association of the Bar of the City of
New York collaborated with the Columbia Business Law
Review to publish the proceedings from the 2002 Milton
Handler Annual Antitrust Review. Following the success of
last year's publication, we are pleased to renew that
collaboration in publishing the 2003 Handler Review
proceedings and in maintaining the Handler presentations
as a resource for the bench, the bar, and the enforcement
agencies as they craft antitrust law and policy in the years
ahead.

For more than fifty years, the Handler Review has
provided a public square for the vibrant discussion of topical
issues in antitrust policy, practice, and jurisprudence. In
2003, the Handler Review offered commentary from a
distinguished Circuit Judge and antitrust scholar, a
prominent antitrust economist, and a law professor who is
one of the nation's leading antitrust commentators. Judge
Diane P. Wood of the United States Court of Appeals for the
Seventh Circuit compared the competition laws and policy of
the United States with those of other countries and
jurisdictions, and in particular the European Union.
Professor Dennis Carlton of The University of Chicago
Graduate School of Business brought a professional
economist's perspective to the Handler Review and provided
a lively critique of the relevance of current trends in
academic research for practical antitrust policy. Professor
Herbert Hovenkamp of the University of Iowa College of Law
addressed the place of antitrust in regulated markets.



In keeping with last year's practice, members of the
Antitrust Committee have supplemented the speakers'
assessments by describing recent developments in law and
policy in the substantive areas addressed by the speakers.
Part One of the developments article summarizes the recent
evolution in European Union competition law and policy and
compares that evolution with related principles and policies
in U.S. antitrust law. Part Two of the developments article
provides an overview of the economic concepts and research
that Dr. Carlton discusses. Part Three of the developments
article surveys recent decisions in regulated industries.

The speakers' presentations and the developments article
provide the reader with provocative commentary and a
context in which to consider that commentary. Credit and
thanks for the 2003 Handler Review and this compilation are
due to many people. The Antitrust Committee is
particularly grateful to the esteemed speakers for their
participation and the excellent quality of their presentations
and to the editors of the Columbia Business Law Review for
their welcomed collaboration in this enterprise. The
Committee is also thankful to the City Bar and the Handler
Review Fund Contributors for their support and sponsorship
and to the many practitioners, academics, and members of
the public who, by their attendance and participation, made
the 2003 Handler Review a valuable forum for discussion
and debate.

In honor of Professor Handler's enthusiasm for
provocative antitrust discourse both at the Columbia Law
School and in his annual reviews at the City Bar, the
Antitrust Committee and the Columbia Business Law
Review invite you to embark upon an engaging tour of the
2003 Handler Review proceedings. Your travels will be well-
rewarded.

William H. Rooney
Chair
Committee on Antitrust & Trade Regulation
The Association of the Bar of the City of New York

COLUMBIA BUSINESS LA W REVIEW [Vol. 2004