Welcome to the first TOTM Blog Symposium.  This is a format we hope to make more use of on TOTM in the future and we’ve got an ideal project to start with.  For the next two days (and maybe three) we’ll be discussing Professor Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law.  We’ve invited a number of leading commentators in both intellectual property and antitrust law to contribute to the symposium.  I’m thrilled that each has agreed to participate.  The lineup includes: Dan Crane (University of Chicago/ Cardozo), Geoff Manne (TOTM/LECG), Phil Weiser (Colorado), Dennis Crouch (Patently-O/Missouri), Brett Frischmann (Cornell/ Loyola), F. Scott Kieff (Wash U./ Hoover/ and on his way to GW), Mike Carrier, and me.

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On March 30th and 31st, TOTM will hold its first blog symposium.  The topic will be Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press).

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Thom kicked off discussion of the FTC and Whole Foods’ settlement on a critical note…

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Webcast and testimony are available. Here is the paragraph from the testimony setting forth objectives for the new DOJ enforcement regime with some brief commentary below…

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The witch hunt is over.

Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this settlement, American consumers will see more choices and lower prices for organic foods” — you know, those ubiquitous food products that are available at, among other places, Wal-Mart and that the FTC insisted were not the focus of its Whole Foods challenge, which was purportedly aimed at protecting competition in the provision of grocery store formats, not particular types of products. Mr. Leibowitz also announced that the settlement of this surreal antitrust action “allows the FTC to shift resources to other important matters.” Can’t wait to see what those will be.

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I just saw this very good piece in The Deal from Sean Gates and Tej Srimushnam (Morrison & Foerster) on what Christine Varney’s appointment to the Antitrust Division might mean for enforcement decisions. Gates and Srimushnam predict that some of the most important changes associated with the Varney DOJ are likely to be the “return” of innovation market analysis, an aggressive approach to vertical mergers in high tech markets, and vertical restraints.

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As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response to the arguments set forth in the Commission petition.  I recently expanded the blog post into a short essay which I’ve posted on SSRN.  It will also be available in a few weeks at Global Competition Policy.

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Here’s the press release. Congratulations to Chairman-to-be Leibowitz.

I also note that this marks the end of Chairman’s Kovacic’s reign at the Commission. On a personal note, I had the pleasure of working for the Chairman during my stint as the FTC Scholar in Residence and consider myself extremely fortunate to have had the opportunity.

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An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case against certiorari in Linkline…

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