Introductory Remarks


THE DECEMBER 2006 PROCEEDINGS OF THE

MILTON HANDLER
ANNUAL ANTITRUST REVIEW

INTRODUCTORY REMARKS

The Milton Handler Annual Antitrust Review is an
annual program put on by the Committee on Antitrust and
Trade Regulation and the Association of the Bar of the City
of New York. The Review is named after Milton Handler,
who was a professor at Columbia University for forty-five
years and a prolific author. He was also the author of the
first state textbook on antitrust law. To give you some sense
on how prolific he was, the Butler Library at Columbia
University contains ninety-six linear feet of his papers. They
are not all on antitrust.

Milton Handler was also a named partner in one of the
city's leading law firms, now Kaye Scholer LLP. As a
practitioner, he litigated all aspects of antitrust law:
mergers, horizontal combinations, vertical arrangements,
you name it. 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.

The Review has a very long tradition. For many years,
Professor Handler delivered an annual lecture in the Great
Hall of the Association on developments in antitrust law, and
that tradition is continued each year with this Review.

In December 2006, three very distinguished speakers
shared their views on current issues in antitrust law. Two of
the speakers came from the two U.S. antitrust enforcement
agencies, the Federal Trade Commission and the
Department of Justice Antitrust Division. In recognition of
the close relationship between the development of antitrust
analysis and economics, the third speaker was a
distinguished antitrust economist. Although there was no
intentional theme for the Review, both agency speakers



350 COLUMBIA BUSINESS LAW RE VIEW [Vol. 2007

interestingly elected to focus part of their remarks on the
appropriate standard for consumer welfare in the areas of
enforcement they addressed.

The first speaker was J. Thomas Rosch, a Commissioner
of the Federal Trade Commission, sworn in January of 2006,
and formerly managing partner in the San Francisco office of
Latham & Watkins LLP. Commissioner Rosch served as
lead counsel in more than 100 federal and state antitrust
cases, and has more than forty years of experience before the
bar. Commissioner Rosch was named antitrust lawyer of the
year for 2003 by the California State Bar's Antitrust and
Unfair Competition Law Section, served as the Chair of the
American Bar Association's Antitrust Section in 1990, and
also chaired the California Bar Association's Antitrust
Section. Commissioner Rosch addressed the topic of mo-
nopsony and the meaning of consumer welfare.

The second speaker was David Meyer, Deputy Assistant
Attorney General in the Antitrust Division, appointed in
May of 2006. Mr. Meyer is in charge of the civil enforcement
operations of the Division. In his prior life, he served as the
vice chair of the antitrust and consumer practice group at
Covington & Burling LLP's Washington office and also
served at the Antitrust Division in a prior capacity as special
assistant to Rick Rule, who was the Assistant Attorney
General from 1987 to 1989. Mr. Meyer addressed enforce-
ment standards under Section 2 of the Sherman Act and
consumer welfare.

The third speaker was Professor Janusz Ordover, who is
a professor of economics at New York University. Professor
Ordover also has experience in serving in the Antitrust
Division. From 1991 through 1992, he served as the Deputy
Assistant Attorney General for Economics in the Antitrust
Division and while he was there, he was one of the main
drafters of the 1992 revisions to the joint FTC and DOJ
horizontal merger guidelines. Professor Ordover has been an
adviser on antitrust economics to a variety of governmental
and quasi-governmental organizations and a number of
governments. He has published many articles and fre-
quently works as a consulting economist. Professor Ordover



MILTON HANDLER ANTITRUST REVIEW

addressed new developments in coordinated effects theory in
analyzing mergers.

Thanks once more to the Association of the Bar of the
City of New York for hosting the Handler Review in the
absolutely magnificent Great Hall of the Association. I'd also
like to thank the editors and staff of the Columbia Business
Law Review for supporting the Review and publishing the
papers based on the proceedings. Finally, I would like to
thank the Secretary of the Committee, Lisl Dunlop, without
whom this function, and indeed any of the functions of the
Antitrust Committee, would not take place.

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

No. 2:349]