Lloyd Constantine

Lloyd Constantine is the Founder and a partner at Constantine Cannon (C|C), specializing in antitrust litigation. Lloyd founded the firm, originally called Constantine & Partners in 1994, and was its Chairman and Managing Partner from inception until 2007, when he chaired the gubernatorial transition and became Senior Policy Advisor for New York’s governor.

Lloyd is one of the nation’s leading antitrust litigators and authorities on competition policy. He was lead counsel for the plaintiffs in the landmark Visa Check/MasterMoney Antitrust Litigation, which resulted in a $3.4 billion monetary payment and an injunction valued at upwards of $87 billion in benefit for U.S. merchants and consumers, which the district and circuit courts stated was [and is] the largest antitrust settlement in history.

Lloyd has litigated at all levels of the federal and state courts, including oral argument before the United States Supreme Court. He has been lead or co-lead counsel in many complex private antitrust and multiple state actions, including the Panasonic Antitrust Litigation (49 States); Liberty Cable v. Time Warner; the Minolta Antitrust Litigation (37 States); Kesmai v. AOL; States v. Visa and MasterCard (15 states); States v. Mitsubishi (50 States); Primestar I (44 States); Discover v. Visa and MasterCard; and Ortho Biotech v. Amgen.

Lloyd has testified many times before Congress on antitrust, international trade and nominations to the United States Supreme Court. He has also served as an expert on U.S. competition law and economics in Australian and Canadian antitrust cases and as consultant on antitrust law to a federal district court in Hatch-Waxman “reverse-payment” antitrust litigation.

In 2007-2008, Lloyd was Senior Policy Advisor to the Governor of New York. He directed the administration’s initiatives in the areas of Higher Education, Local Government Consolidation, Public Authority Reform and legal representation for low income New Yorkers. He also served on New York’s Executive Clemency Committee.

During his tenure as the Assistant Attorney General in Charge of Antitrust for New York State (1980-1991), Lloyd served as Chair of the Antitrust Task Force of the National Association of Attorneys General (1985-1989) and authored NAAG’s “Merger Guidelines,” “Vertical Restraints Guidelines” and Multistate Information Sharing Compact. He was the States’ first representative on the FTC-DOJ-States Executive Working Group for Antitrust. For this work, establishing the modern regime of multi-state antitrust enforcement, Lloyd was honored with the American Antitrust Institute’s Career Achievement Award in 2004.

Lloyd spent the first decade of his career in the Legal Services program, representing clients in civil rights and civil liberties cases and was a member of McDermott, Will & Emery prior to founding Constantine & Partners (now C|C) in 1994.

Lloyd taught Antitrust Law at Fordham University School of Law for seven years, taught Constitutional Law and First Amendment Law and Policy at SUNY New Paltz in 2016-17 and will teach his First Amendment course at Williams College in 2019.

Lloyd served on the boards of the U.S. Department of Energy’s Brookhaven National Laboratory and the Jacob K. Javits (New York State) Convention Center. He was a Council Member of the ABA Section of Antitrust Law and Chair of its Sherman Act Section 2 Committee (monopolization) and served as Chair of the New York State Bar Association Antitrust Law Section. He also served on the advisory boards of BNA Antitrust and Trade Regulation Report and the Institute for Consumer Antitrust Studies. He currently serves on the boards of the American Antitrust Institute.  He has lectured and written about government transition and chaired the transitions of two New York attorneys general and a governor.

As a writer, Lloyd has contributed to numerous newspapers and publications, including The New York Times and Bloomberg Businessweek, and is a regular contributor of legal, political and social commentary to Hearst’s Albany Times Union. He is the author of two books: PRICELESS: The Case That Brought Down The Visa/MasterCard Bank Cartel (Kaplan, 2009; Skyhorse, 2012), and JOURNAL OF THE PLAGUE YEAR: Eliot Spitzer’s Short And Tragic Reign (Kaplan, 2010; Skyhorse, 2012). Lloyd’s blog “Hopelessly Liberal” features Lloyd’s legal, political and social commentary and is available at www.Lloydconstantine.com

Lloyd received his undergraduate degree from Williams College, his J.D. from Columbia Law, did doctoral work in Political Science at Columbia, without degree and was an exchange student at Howard University while matriculated at Williams.

Lloyd is married to Jan Friedman Constantine, a nationally recognized expert on copyright and first amendment law, a member of Constantine Cannon and an accomplished cabaret performer. They have three children – Isaac, a writer of literary fiction (Jeremiah’s Ghost, MP Publishing, 2015); Sarah, a Ph.D. clinical psychologist; and Elizabeth, a television producer (House Hunters International, The Dr. Oz Show, The Gale King Show, and The Colbert Report).

Publications – Testimony – Speeches – Lectures – Honors

Many of Lloyd’s legal and political commentaries are archived at his author’s website, www.Lloydconstantine.com.

Books

JOURNAL OF THE PLAGUE YEAR: An Insider’s Chronicle Of Eliot Spitzer’s Short And Tragic Reign, Kaplan Publishing, 2010, Skyhorse Publishing (2012)

PRICELESS: The Case That Brought Down The Visa/MasterCard Bank Cartel, Kaplan Publishing, 2009, Revised Edition, Skyhorse Publishing (2012)

Other Publications

All of Lloyd’s legal and political commentaries for Hearst’s Albany Times Union are archived under “Op-Eds” on Lloydconstantine.com

All of Lloyd’s “The Weekender” social commentaries for The Chatham Courier are archived under, “Op-Eds” on Lloydconstantine.com

“Being Jewish at Williams: Not a Big Deal Until It Was” Essay in “Jews at Williams: Inclusion, Exclusion, and Class at a New England Liberal Arts College” Benjamin Wurgaft, University Press of New England (2013)

Charging for Debit Cards Is Robbery, New York Times, October 7, 2011, op-ed, p. A27.

Law Schools Add to State Learning Options, Albany Times Union, August 8, 2008, op-ed.

Reconnecting Local Government with the People, The Nelson A. Rockefeller Institute
of Government (Nov. 2007).

Lloyd Constantine, Jeffrey I. Shinder & Kerin E. Coughlin, In re Visa Check/MasterMoney Antitrust Litigation: A Study of Market Failure in a Two-Sided Market, 2005 Colum. Bus. L. Rev. (Jan. 2006).

Lloyd Constantine, Gordon Schnell, Reiko Cyr & Michelle A. Peters, The Visa Check/MasterMoney Antitrust Litigation: an Early Report on the Comparative Efficacy of Antitrust and Federal Reserve Intervention to Repair the Failed United States’ Debit Card Market, N.Y.U.J.L. & Bus. (Fall 2005).

State Antitrust Law, 52-2d C.P.S (BNA 2003) (Chen, Mahoney & Constantine).

Tunney Act Complicates Government Decision to Litigate Big Structural Antitrust Cases, Trade Rep. (CCH) No. 361 (Constantine & Shinder), Part 2 (March 28, 1995) Reporter No. 361 (Constantine & Shinder).

The Cutting Edge of Antitrust: Market Power an Introduction, 60 Antitrust L.J. 799 (1992).

The Mission and Agenda for State Antitrust Enforcement, 36 Antitrust Bulletin 835 (1991).

The Future of Governmental Enforcement of Section 2 of The Sherman Act, 59 Antitrust, L.J. 523, 553 (1991).

How Non-Banks Can Undo Duality, Credit Card Management, March 1991.

Antitrust Law Journal, Vol. 58 #2: “Challenges to the Chicago School Approach.”

Antitrust Federalism, 29 Washburn L.J. 163 (1990).

An Antitrust Enforcer Confronts The New Economics, 58 Antitrust L.J. 661 (1989) reprinted in Collaborations Among Competitors: Antitrust Policy and Economics [p. 135] (Eleanor M. Fox and James T. Halverson, Eds. 1991).

Should The States Enforce National Mergers?: Point/Counterpoint: Antitrust, Spring 1989 p. 37.

Current Antitrust Enforcement Initiatives by State Attorneys General, 56 Antitrust L.J. 99 (1987); reprinted in 18 J. Reprints Antitrust L & Econ. No. 2 at 69 (1988).

The Antitrust Enforcement Agenda For The New Administration: The State Perspective, in Antitrust And a New Administration: Pressures For New Perspectives, P. 1 (MCLE, Inc. 1988).

Point/Counterpoint: Limits on Merger Mania, The Denver Post, April 6, 1987 at page 2B,
col. 3.

An Inside Look at Current Trends in State Antitrust Enforcement, Antitrust, Winter 1987, P. 9 (Cover Story).

Constantine and Pfeffer, What The General Practitioner Should Know About Federal and
State Antitrust And Trade Regulation, in Corporate Counseling 549 (R. Merritt and C. Ennico ed. 1988).

Antitrust Enforcement Today and In The Nineties, 18 J. Reprints Antitrust L & Econ. No. 2 at 39 (1988).

Vertical Restraints Guidelines of the National Association of Attorneys General [1985] (principal author) 49 Antitrust & Trade Reg. Rep. (BNA) No. 1234, at 996 (Dec. 5); 4 Trade Reg. Rep. (CCH) ¶ 13,400 (13th ed. 1988); 16 L. Business Organizations, Von Kalinowski Antitrust Laws and Trade Regulation § 132.01, app. 132A (1988).

Horizontal Merger Guidelines of the National Association of Attorneys General, [1987] (principal author) 50 Antitrust & Trade Reg. Rep. (BNA) No. 1306 at S-2 (March 10, Special Supp.); 4 Trade Reg. Rep. (CCH) ¶ 13,405 (13th ed., 1988); 16 L Business Organizations, Von Kalinowski Antitrust Laws and Trade Regulation § 132.01, app. 132B (1988).

Testimony

5/15/18 Albany, NY [Senate/Assembly Joint Session]

Testimony to joint session of NYS Senate and Assembly concerning their appointment of an Attorney General to serve until 1/1/2019.

5/21/09 Wash., DC [F.T.C.]

Testimony concerning “The Requisites For A Meaningful Rule of Reason Analysis for Resale Price Maintenance” FTC hearing on RPM after The Supreme Court decision in Leegin.

7/28/05 Wash., DC [A.M.C.]

Testimony concerning “Joint and Several Liability, Contribution and Claim Reduction, Civil Remedies Hearings, Presidential Antitrust Modernization Commission.

3/31/98 Wash., DC [F.T.C.]

Testimony concerning “The Antitrust Analysis of Joint Ventures,” Federal Trade Commission, Hearings.

6/30/97 Wash., DC [F.T.C.]

Testimony Concerning “The Antitrust Analysis of Banking and Payment System Joint Ventures,” Federal Trade Commission, Hearings.

10/19/95 Wash., DC [F.T.C.]

Testimony Concerning “How Antitrust Should Assess The Role of Imports In Market Definition,” Federal Trade Commission, Hearings.

7/15/94 Wash., DC [U.S. Senate]

Testimony Concerning the Nomination of Judge Stephen Breyer to be an Associate Justice of the United States Supreme Court, Delivered to the United States Senate, Committee on the Judiciary.

9/30/93 Wash., DC [House of Rep.] Subcommittee.

Testimony Concerning “International Competition In the Steel Industry,” Oversight Hearings, Delivered to United States House of Representatives, Committee on the Judiciary, Economic and Commercial Law

4/30/92 Wash., DC [U.S. Senate]

Testimony Concerning S. 2610 the “International Fair Competition Act of 1992,” Delivered to United States Senate, Committee on the Judiciary, Subcommittee on Antitrust, Monopolies and Business Rights.

7/19/90 Wash., DC [U.S. Senate]

Testimony Concerning “The Effect of Antitrust Law Enforcement on the Ability of United States Industries to Compete in World Markets,” Delivered to United States Senate, Committee on Commerce, Science and Transportation.

5/30/90 Albany, NY [N.Y. Assembly]

Testimony Concerning “Restricted Distribution and Market Concentration in the New York State Beer Industry,” Delivered to New York State Assembly, Committee on Commerce, Industry and Economic Development and Committee on Oversight, Analysis and Investigation.

10/5/89 Quebec City, CANADA

Testimony as expert witness for Attorney General of Quebec on U.S. antitrust law and dual federal-state public enforcement of antitrust law in the U.S. in Alex Couture Inc. v. Attorney General of Canada, No.: 200-05-0013G1-877 (F.C. Montreal Dist.).

6/8/89 Wash., DC [U.S. Senate]

Testimony Concerning “Re-authorization of the Federal Trade Commission,” Delivered to United States Senate, Committee on Commerce, Science and Technology.

3/21/89 Wash., DC [House of Rep.]

Testimony Concerning “H.R. 1236, The Price Fixing Prevention Act of 1989,” Delivered to United States House of Representatives, Judiciary Committee, Subcommittee on Economics and Commercial Law.

6/14/88 Wash., DC [U.S. Senate]

Testimony Concerning “The McCarran-Ferguson Act, and the State Antitrust Actions Against the Insurance and Reinsurance Industry,” Delivered to the United States Senate, Committee on the Judiciary, Subcommittee on Antitrust, Monopolies and Business Rights.

8/4/87 Wash., DC [U.S. Senate]

Testimony Concerning “S. 567, The Malt Beverage Interbrand Competition Act,” Delivered to the United States Senate, Committee on the Judiciary, Subcommittee on Antitrust, Monopolies and Business Rights.

3/26/87 Wash., DC [House of Rep.]

Testimony Concerning “H.R. 586 and Enforcement of Clayton Act Sections 7 and 7A,” Delivered to the United States House of Representatives, Judiciary Committee, Subcommittee on Monopolies and Commercial Law.

5/12/86 Wash., DC [U.S. Senate]

Testimony Concerning “S. 2160 and S. 2162, The Merger Modernization and Antitrust Remedies Improvements Acts of 1986,” Delivered to the United States Senate, Committee on the Judiciary.

4/15/86 Wash., DC [U.S. Senate]

Testimony Concerning “S. 1300 and S. 2162, The Individual Treble Damage Responsibility Act and the Antitrust Remedies Improvement Act of 1986,” Delivered to the United States Senate, Committee on the Judiciary.

3/5/86 Wash., DC [House of Rep.]

Testimony Concerning “Oversight of the Antitrust Division of the United States Department of Justice,” Delivered to the United States House of Representatives, Judiciary Committee, Subcommittee on Monopolies and Commercial Law.

5/14/85 Wash., DC [U.S. Senate]

Testimony Concerning “S. 412, The Malt Beverage Interbrand Competition Act,” Delivered to the United State Senate, Committee on the Judiciary.

SPEECHES, LECTURES, CLE FACULTY

2/16/17 Atlanta, GA

“The (Hopefully) Short Future of Debit Interchange” Speaker at the Merchant Advisory Group 2017 Mid-Year Conference.

3/10-10/10

Book tour for JOURNAL OF THE PLAGUE YEAR: including talks, readings and interviews throughout the United States at bookstores and on national, regional and local television and radio programs.

10/09-12/09

Book tour for PRICELESS: including talks, readings and interviews throughout the United States at bookstores and on national, regional and local television and radio programs.

4/22/08 Cobleskill, NY

“The CHE Report and The Enacted Budget: Priorities, Prospects and Progress Toward Public Higher Education Reform in New York” Keynote address to SUNY Cobleskill’s Annual Stakeholder Meeting.

4/17/08 NY, NY

“Equal Access to Justice for New York’s Poor” Keynote address to the Annual Meeting of the New York Legal Assistance Group.

4/12/08 Hudson, NY

“The CHE’s Proposals for Community College Reform in New York” Keynote address to the Faculty Council of the SUNY Community Colleges.

4/11/08 NY, NY

“An Effort to Further Trivialize the Largely Moribund Antitrust laws” Keynote address to the N.Y.U. Law School Symposium on the Presidential Antitrust Modernization Commission.

3/11/08 Albany, NY

Address to delegations from capitol-area SUNY campuses concerning Administration proposal for a public higher education endowment.

3/07/08 New Paltz, NY

Address to delegations from Hudson Valley-area SUNY campuses concerning Administration proposal for a public higher education endowment.

3/4/08 Albany, NY

Address to Annual Meeting of the Commission of Independent Colleges and Universities concerning Higher Education Policy.

2/1/08 Albany, NY

Address to SUNY Faculty Senate concerning NYS Commission on Higher Education Preliminary Report, Administration Higher Education Policy.

1/31/08 NY, NY

Keynote Address at the New York State Bar Association’s annual “Justice for All” meeting.

1/28/08 Albany, NY

Address to Legal Counsel of State University of New York (SUNY) concerning NYS Commission on Higher Education Preliminary Report, Administration Higher Education Policy.

11/05/07 Albany, NY

Speaker at the Rockefeller Institute Public Policy Forum “Reconnecting Local Government with the People”

10/29/07 Cooperstown, NY

Address to the New York State Community College Business Officer’s Association on the Higher Education Commission

10/9/07 St. Louis, MO

Guest Lecture at the Centennial Symposium of the National Association of Attorneys General “Dividing the Antitrust Enforcement Pie-Past, Present and Future”

06/11/07 Albany, NY

Guest Lecture at the New York Conference of Mayors “Governor’s Local Government Efficiency Initiatives”

05/30/07 Albany, NY

Guest Lecture at the Whiteman Osterman and Hanna Lecture Series “Governor’s Public Authorities Reform Program”

05/16/07 Albany, NY

Guest Lecture at the 2007 Warren M. Anderson Legislative Seminar Series “The Future of Public Defense in New York: Options for Reform”

05/15/07 Binghamton, NY

Guest Lecture at the Southern Tier Regional Economic Development Meeting of the New York State Association of Counties “Local Government Efficiency”

04/26/07 NY, NY

Keynote Speaker at Merrill Lynch’s NY State Institutional Investors Forum XVI “Public Authority Reform”

01/30/07 Albany, NY

Guest Lecture at Whiteman Osterman & Hanna Lecture Series “The 2007 Gubernatorial Transition”

11/3/06 Madison, WI

Guest Lecture at University of Wisconsin Law School “Complex Antitrust Litigation”

5/11/06 Seattle, WA

Innovative Strategies for Litigating Class Actions Conference “Using Economic Experts in the Battle for Predominance” Law Seminars International.

2/15/06 Wash., DC

The Future of the Credit Card Industry “Antitrust and Credit Card Industry: Panel” at The AEI-Brookings Joint Center on Regulatory Studies.

12/6/05 N.Y., N.Y.

“Interchange – Both Sides of the Debate” Comments to Under The Hood – Payments – A Morgan Stanley Payment Conference

9/26/05 Prague, Czech Republic

‘The Good the Bad and the Ugly In United States’ Commercial Class Actions.” Address Plenary Session of the International Bar Association Annual Conference

8/7/05 Chicago, IL

“Mediating the Bet the Business, High Stakes, Legally Complex Case” American Bar Association Annual Meeting.

6/6/05 Seattle, WA

“Using Economic Experts in the Battle for Predominance” an Address to “Innovative Strategies to Litigate Class Actions,” presented by Law Seminars International.

5/5/05 Santa Fe, NM

“The Need for Federal Reserve and Antitrust Intervention in the Failed U.S. Debit and Credit Card Markets.” Keynote Address delivered on “Interchange Fees in Credit and Debit Card Industries: What Role for Public Authorities” An International Payments Policy Conference, The Federal Reserve Bank of Kansas City.

5/1/05 Phila., PA

“The Legal and Regulatory Environment for Payment Systems,” Keynote Address to the Association of Financial Professionals.

4/22/05 N.Y., N.Y.

“Antitrust Law and Two-Sided Markets.” Conference on Two-Sided Markets, Columbia Law School.

10/13/04 Chicago, IL

Faculty 2004 National Association of Attorneys General Antitrust Seminar.

9/22/04 Aventura, FL

“Insights on Antitrust and Commerce.” Keynote Address to Electronic Transactions Association, Strategic Leadership and Networking Forum.

9/13/04 Wash., DC

Program Faculty, “Protecting Consumer Interests in Class Action.” A Workshop of the Federal Trade Commission and the Georgetown Journal of Legal Ethics.

6/22/04 Wash., D.C.

Acceptance Address, Antitrust Achievement Award, American Antitrust Institute Annual Program: “Buyer Power and Antitrust.”

4/7/04 N.Y., N.Y.

“How Could Recent and Future Litigation Impact Electronic Payments in 2004 and Beyond?” UBS Electronic Payments Summit II.

3/31/04 Wash., D.C.

“Emerging Roles for Trade Associations as Plaintiffs: Policy Issues and Legal Strategies.” Spring Meeting Program, ABA Section of Antitrust Law.

1/29/04 N.Y., N.Y.

“Economic Analysis and Market Definition In Debit and Credit Card Industry Antitrust Litigation,” Fisher, Ordover, Emch & Constantine, Annual Meeting Program, Antitrust Law Section, New York State Bar Association.

1/23/03 N.Y., N.Y.

“Antitrust Federalism Revisited” Spitzer, Majoras, Denger & Constantine, Annual Meeting Program, Antitrust Law Section, New York State Bar Association.

5/17/02 Wash., D.C.

Faculty, The George Mason University Annual Law Review Symposium.

5/9/02 N.Y., NY

Faculty, Law Clerk Continuing Legal Education Program: “Antitrust Substantive and Procedural Considerations” the Federal Bar Council.

4/16/02 Brussels, Belgium

“Visa and MasterCard’s Endgame in the Wal-Mart Litigation: The Dance of Death” an address delivered to the Cards & Payments 2002 Conference & Expo, EFMA and Lafferty Group

4/12/02 N.Y., NY

Faculty, Continuing Legal Education Program: “The Antitrust Plaintiff’s Perspective: Public and Private Enforcement in Complex Litigation.” Association of the Bar of the City of New York

2/8/99 Amsterdam The Netherlands

“The Retailers and Government of the United States against Visa and MasterCard,” an address delivered to the 12th International Cards Conference, Lafferty Conferences Cards International.

1/28/99 NY., NY

“Antitrust Federalism Ten Years After,” Annual Meeting Program, Antitrust Law Section, New York State Bar Association.

4/15/98 New Orleans, LA

“Report on The Department of Justice Antitrust Investigation of Visa and MasterCard,” Delivered to Credit Card Forum X, Faulkner & Gray.

4/1/98 Wash., DC

“Trade Association Standing In Complex Commercial Litigation,” Delivered to Spring Meeting Committee Program, ABA Section of Antitrust Law.

12/12/97 N.Y., NY

Program Faculty, The Impact of Cybercommunications on the Law, a colloquium sponsored by the Columbia University Law School and School of Business.

11/14/97 Wash., DC

“The Prospects for Government Antitrust Enforcement of Tying and Monopoly Leveraging Claims in Cybertechnology Markets,” delivered to Appraising Microsoft and Its Global Strategy, a conference sponsored by Essential Information and Ralph Nader.

9/19/97 Wash., DC

“The State of Competition in the market for Multiple Channel Video Programming Distribution,” Delivered to The Telecommunications Industry Effects of the 1996 Act, ABA Section of Antitrust Law.

1/23/97 N.Y., NY

“An Antitrust Seminar: The Past, Present and Future of Antitrust,” Annual Meeting Program, Antitrust Law Section, New York State Bar Association.

6/2/95 N.Y., NY

Program Faculty, 36th Annual Antitrust Law Institute, PLI.

8/9/94 New Orleans, LA

“The Interrelationship of State and Federal Enforcement,” Delivered to the ABA Section of Antitrust Law, Summer Meeting Program.

6/2/94 N.Y., NY

Program Faculty, 35th Annual Antitrust Law Institute, PLI.

4/6/94 Wash., DC

Program Faculty, ABA Section of Antitrust Law 42nd Annual Meeting, Antitrust Fundamentals Program.

6/24/93 N.Y., NY

Program Faculty, Ninth Annual Biotechnology Law Institute, Prentice Hall.

6/7/93 N.Y., NY

Program Faculty, 34th Annual Antitrust Law Institute, PLI.

3/31/93 Wash., DC

Program Faculty, ABA Section of Antitrust Law 41st Annual Meeting, Antitrust Fundamentals Program.

3/4/93 N.Y., NY

Program Faculty, Thirty-Second One-Day Conference: Antitrust Issues in Today’s Economy – The Conference Board.

1/28/93 N.Y., NY

“The Kodak Case: Its Meaning and Implications for Antitrust Counselors and Litigators” – Remarks delivered at the Annual Meeting Program Antitrust Law Section, New York State Bar Association.

4/1/92 Wash., DC

“Section 2 of The Sherman Act,” Delivered to ABA Section of Antitrust Law 40th Annual Meeting, Antitrust Fundamentals Program.

1/28/92 N.Y., NY

Moderator “Price Signaling and Facilitating Practices,” New York State Bar Association, Antitrust Law Section Annual Meeting.

11/8/91 Little Rock, AR

“Federalism in Consumer Protection and Antitrust Enforcement,” Antitrust Section Arkansas State Bar Association Annual Meeting.

11/5/91 Amelia Island, FL

“Recent Developments in Healthcare Industry Antitrust,” Remarks delivered to Volunteer Trustees of Not-for-Profit Hospitals Annual Meeting.

10/25/91 Cambridge, MA

Program Faculty, 25th New England Antitrust Conference, ALI-ABA.

10/17/91 Wash., DC

Program Chair and Commentator, The Cutting Edge of Antitrust: Market Power, ABA National Institute.

9/13/91 Snowbird, UT

“Proposed Changes in the DOJ and State Merger Guidelines” (Exec. Sess.), NAAG Annual Antitrust Seminar, NAAG.

1/21/91 N.Y., NY

“Recent Developments in Vertical Restraints,” Remarks delivered at the Annual Meeting Program, Antitrust Law Section, New York State Bar Association.

12/6/90 Boston, MA

“Antitrust Law and Economics Applied to Payment Systems and Banking Networks,” An Address to Economists’ Perspectives in Antitrust Today: Antitrust Issues in Regulated Industries, Charles River Associates.

11/16/90 N.Y., NY

Program Faculty, Observing The Sherman Act Centennial: The Past and Future of Antitrust as Public Interest Law. New York Law School.

11/14/90 Boston, MA

“Managing an Antitrust Program,” Remarks delivered to NAAG Antitrust Enforcement Seminar.

11/2/90 Cambridge, MA

“The Mission and Agenda For State Antitrust Enforcement,” An Address to the 24th New England Antitrust Conference, ALI-ABA.

10/17/90 N.Y., NY

“The Fourteen State Payment Systems Working Group,” Remarks delivered to The Electronic Banking Economics Society.

8/6/90 Chicago, IL

“The States’ Role in the Enforcement of Sherman Act Section 2,” Remarks delivered to the ABA, Section of Antitrust Law, Summer Meeting Program, “The Future of Government Enforcement of Sherman Act Section 2.”

6/22/90 N.Y., NY

Program Faculty, Eleventh Annual Seminar on Distribution and Dealer Termination; National Law Journal Seminars.

6/21/90 Columbus, OH

Program Faculty, Intensive Antitrust Law Course, Ohio CLE Institute.

6/15/90 Tucson, AZ

Program Faculty, State Bar of Arizona, Annual Convention, Antitrust Section Seminar, “State Enforcement of the Federal and State Antitrust Laws.”

3/8/90 N.Y., NY

Program Faculty, Product Distribution and Marketing, ALI-ABA.

1/26/90 N.Y., NY

Program Faculty, Distribution and Marketing Antitrust Counseling and Litigation, PLI.

1/16/90 N.Y., NY

Moderator: “The Year in Review and Reports From the ABA Task Forces on the FTC and Antitrust Division,” New York State Bar Association Antitrust Law Section Annual Program.

10/13/89 Boston, MA

“The Uses and Abuses of Economic Theory in Government Antitrust Enforcement: Reflections on the Recent Unpleasantness,” Remarks delivered to Economists’ Perspectives on Antitrust Today: Policy in the Bush Administration, Charles River Associates.

8/7/89 Honolulu, HI

“An Antitrust Enforcer Confronts the New Economics Or Have You Ever Wondered Why Bid Rigging is Legal in Chicago,” Remarks delivered to the ABA, Section of Antitrust Law, Summer Meeting Program, “Challenges to the Chicago School Approach.”

7/6/89 Santa Fe, NM

“New Directions in Antitrust Enforcement,” Remarks delivered to the Tenth Annual Antitrust Seminar, National Economic Research Associates.

6/20/89 N.Y., NY

Program Faculty, Tenth Annual Seminar on Distribution and Dealer Termination, National Law Journal Seminars.

5/24/89 Lawrence, KS

“Antitrust Federalism,” An address delivered to the Antitrust Centennial Symposium, NAAG.

4/11/89 Point Clear, AL

Program Faculty, Twenty-Sixth Annual Southwestern Corporate Law Institute, Alabama Bar Institute.

3/2/89 N.Y., NY

Program Faculty, Twenty-Eighth One-Day Conference: Antitrust Issues in Today’s Economy, The Conference Board.

1/27/89 Toronto, Can.

“Differences in Canadian and American Merger Policy: The Need for Coordination,” Remarks to Competition Policy in North America Implications of the U.S./Canada Free Trade Agreement, The Canadian Institute.

1/18/89 N.Y., NY

Dealer Termination and Resale Price Maintenance After Sharp,” Comments delivered at the Annual Meeting Program, New York State Bar Association, Antitrust Law Section.

2/1/88 N.Y., NY

Program Faculty, 28th Annual Advanced Antitrust Seminar – Distribution and Marketing, PLI.

11/15/88 N.Y., NY

Program Faculty, ABA National Institute “Compliance and Counseling in the New Antitrust Era,” ABA.

10/28/88 Cambridge, MA

The Antitrust Enforcement Agenda for the New Administration,” an address delivered to the 22nd New England Antitrust Conference, ALIABA.

8/8/88 Toronto, Canada

Program Faculty, Antitrust Law Section Program, “Antitrust and the Reinsurance Industry,” ABA Annual Meeting.

6/13/88 N.Y., NY

Program Faculty, Ninth Annual Seminar on Distribution, National Law Journal Seminars.

6/3/88 N.Y., NY

Program Faculty, 29th Annual Antitrust Law Institute, PLI.

5/26/88 Madrid, Spain

Is ‘Entree’ Likely Substantially to Lessen Competition in Any U.S. Market,” an address delivered to the 22nd International EFTPOS Forum, Electronic Payments International.

1/27/88 N.Y., NY

Antitrust in the Supreme Court and the Circuit Courts in 1987,” Comments delivered to the New York State Bar Association, Antitrust Law Section Annual Meeting.

1/22/88 N.Y., NY

Program Faculty, Distribution and Marketing, 1988, PLI.

1/12/88 N.Y., NY

The Wisdom of States Enforcing the Antitrust Laws Concerning Mergers,” a debate with Assistant General Counsel James McCarty (F.T.C.), Sponsored by the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York.

12/4/87 N.Y., NY

State Enforcement Under the NAAG Merger Guidelines,” an address delivered to the 27th Annual Advanced Antitrust Seminar, Mergers, Markets and Joint Ventures, PLI.

11/14/87 Cambridge, MA

Antitrust In the Dark Ages,” an address delivered to the 21st New England Antitrust Conference, ALI-ABA.

1/10/87 Wash., DC

Program Faculty, American Insurance Association 1987 General Counsel’s Symposium.

5/29/87 N.Y., NY

Program Faculty, 28th Annual Antitrust Law Institute, PLI.

4/2/87 N.Y., NY

Current Trends in State Antitrust Enforcement,” an address delivered to the 35th Annual Antitrust Law Section Spring Meeting, ABA.

3/5/87 N.Y., NY

Program Faculty, Twenty-Sixth One-Day Conference: Antitrust Issues in Today’s Economy, The Conference Board.

12/4/86 N.Y., NY

Debate With D.A.A.G. Charles F. Rule (D.O.J.) Concerning NAAG and Department of Justice, “Vertical Restraints Guidelines,” Sponsored by the ABA, Antitrust Law Section, Sherman Act Committee.

5/20/86 Wash., DC

NAAG v. DOJ Vertical Restraints Guidelines,” a debate with D.A.A.G. Charles F. Rule (D.O.J.), Sponsored by the Federal Bar Association.

4/17/86 Albany, NY

The Application of the Antitrust Laws to Procurement Fraud,” Comments delivered to the New York State Conference on Fraud in Public Purchase.

1/15/86 N.Y., NY

Debate with A.A.G. Paul McGrath (D.O.J.) Concerning the Vertical Restraints Guidelines of the D.O.J. and NAAG, Sponsored by the New York State Bar Association Antitrust Law Section.

HONORS and AWARDS

June 2004

Recipient of the American Antitrust Institute’s Award for Career Achievement in Antitrust Law and Regulatory Policy

January 2004

Recipient of the New York State Bar Association Antitrust Section Service Award for career achievement in antitrust and service to the legal profession.

June 1987

First recipient of the C. Raymond Marvin Award of The National Association of Attorneys General – awarded annually to outstanding Assistant State Attorneys General.

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