Introductory Remarks


THE NOVEMBER 2005
PROCEEDINGS OF THE

MILTON HANDLER
ANNUAL ANTITRUST REVIEW

INTRODUCTORY REMARKS

On behalf of the Committee on Antitrust and Trade
Regulation, I would like to welcome you to the 2005 Milton
Handler Annual Antitrust Review. Milton Handler, as you
all know, was a professor at Columbia for forty-five years, a
prolific author, and the author of the first textbook on
antitrust law. To give you a sense of how prolific he was, in
the Butler Library at Columbia University there are ninety-
six linear feet of his papers. If anybody wants to go browse
through them, they are there for you to take a look at. They
are not all on antitrust.

He was also a named partner in one of the city's leading
law firms, Kaye Scholer LLP, and he litigated all aspects of
antitrust law: mergers, horizontal combinations, vertical
arrangements-the works. For his achievements, he was
recognized by the Antitrust Division of the Department of
Justice in 1998 with the John Sherman Award, which is the
Department's most distinguished award.

For many years, Professor Handler delivered an annual
lecture here in this hall on developments in antitrust, and
we continue that tradition today. I have the pleasure of
being the Chair of the Antitrust Committee of the
Association of the Bar of the City of New York and the
moderator of today's panel, and we have three distinguished
speakers with us today to share their views.

Speaking first will be Judge Lewis A. Kaplan. Judge
Kaplan was appointed as United States District Judge in the
Southern District of New York in 1994. He is one of the
country's most distinguished trial judges. Prior to joining
the bench, he was a partner at Paul, Weiss, Rifkind,



COLUMBIA BUSINESS LA W RE VIEW

Wharton & Garrison LLP and I think he actually spent most
of his pre-judicial career at Paul, Weiss. He has presided
over many well-known cases. Most importantly for our
purposes this morning, he presided over the civil price-fixing
case against auction houses Sotheby's and Christie's and also
the companion criminal case against Sotheby's.

Judge Kaplan is going to talk to us today about his views
on the use, and presumably the misuse, of experts in
antitrust litigation. Judge Kaplan, we are honored to have
you here today, and we appreciate you taking time out of
your busy schedule to join us.

Our second speaker will be Deborah Garza, Chair of the
Antitrust Modernization Committee. The Antitrust
Modernization Committee was created by Congress to
examine whether the antitrust laws need modernizing and to
report to the President and Congress. Under the current
schedule, the Commission will report in early 2007.

In Deb's spare time, she is a partner at Fried, Frank,
Harris, Shriver & Jacobson LLP in their Washington office.
She also has had several tours of duty in the Antitrust
Division of the Department of Justice, where her most recent
position was as Chief of Staff and Counselor to the Assistant
Attorney General. Deb is going to report to us today on the
ongoing work of the Commission. Obviously, the
Commission's work is not yet completed, so Deb's
presentation will reflect the interim view of a Commissioner,
who just happens to be the Chair.

Our final speaker today will be William E. Kovacic. 1 Bill
is a Professor of Law at George Washington Law School. Bill
probably will not keep that position for very long, however.
Bill has been nominated by the President to be one of the
five members of the Federal Trade Commission. I think last
week the Senate Commerce Committee cleared his
nomination for presentation to the floor. Bill knows the
Commission very well: from June of 2001 through December
of 2004, he was General Counsel of the Commission. He is a

' A copy of now FTC Commissioner Kovacic's speech is scheduled to be
published in the next issue of the Columbia Business Law Review.

[Vol. 2006



MILTON HANDLER ANTITRUST REVIEW

well-recognized expert in antitrust law. He has written
numerous articles and books, including one of the leading
casebooks on antitrust law. Bill is going to talk to us about
the tensions and symbiosis between the Harvard and
Chicago Schools of economic theory in the development of
antitrust law.

Before turning to these speakers, I would like to end with
a few words of thanks. First of all, I would like to thank the
Association for hosting the Review in this magnificent room.
I would also like to thank the editors and the staff of the
Columbia Business Law Review. They will be publishing
these proceedings as they have for the last several years.
And finally, I would like to thank the Secretary of the
Committee, Lisl Dunlop, without whom this function would
not happen.

Wayne Dale Collins
Chair
Committee on Antitrust and Trade Regulation
The Association of the Bar of the City of New York

No. 2:2431