MSBA Antitrust Law Section
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2010-11
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MSBA Antitrust Section
Annual Report
2010-11

Section Membership
As of May 26, 2011, the Antitrust Section has 164 members.

Financial Status
The Antitrust Section had an account balance of $8,201.42 as of April 30, 2011. 

Continuing Legal Education Programs and Social Events
The Section hosted six CLE programs in fiscal year 2010-11.  In addition to the following programs, the Antitrust Section co-sponsored a number of programs including the Professor’s Program with Minnesota CLE.

Program Title

Date

Event Code

CLE Credits

Number of Attendees

Professors Program

5/25/2011

155877

2.75 Standard

22

Antitrust Law Issues in IP Litigation and Licensing

5/25/2011

155876

1.5 Standard

34

Current Issues in Antitrust Enforcement in Agriculture

3/22/11

153826

1.0 Standard

31

Technology Licensing – Potential Hazards at the Intersection of Antitrust and IP Law

03/08/11

153441

1.0 Standard

37

Perspectives on Antitrust Litigation from the Federal Bench

02/23/11

152680

1.5 Standard

53

A Jury Consultant's Perspective on Antitrust Trials

12/09/10

150698

1.0 Standard

23

Class Actions: Same Rules but New Challenges

11/03/10

149607

1.0 Standard

21

Section 5 of the FTC Act and other antitrust-enforcement priorities of the Federal Trade Commission

09/29/10

148405

1.0 Standard

48

Annual Meeting and Election Results
The Section held its annual meeting and elections on Wednesday, May 25, 2011, at the Minnesota CLE Conference Center in conjunction with the Professor’s Program.  The following officers and council members were elected to serve on the Antitrust Section Council in 2011-12.

Officers: 

Ryan Marth, Chair; Matt Ralph, Vice Chair; Michael Jacobs, Secretary/Treasurer

Council Members:

  1. Craig Coleman
  2. Joe Bruckner
  3. Craig Davis
  4. Brian Fischer
  5. Nancy Hagerty
  6. Mark Jacobson (also Section’s Assembly Rep.)
  7. Bethany Krueger
  8. Michael Lindsay
  9. Carol Peterson
  10. Tom Sheran
  11. Heidi Silton
  12. Stacy Slaughter
  13. Daniel Gustafson
  14. Emily Chow
  15. Troy Hutchinson
  16. Jeremy Johnson
  17. Howard Bergman
  18. Mike Skoglund
  19. Peggy Kubicz Hall

Other Section Accomplishments

The Antitrust Section conducted a half-day CLE focused on antitrust issues that arise in intellectual property law.  Section members prepared and delivered the CLE at Minnesota CLE on May 25, 2011.  The CLE was well attended by approximately 40 attorneys.

Submitted By:
Craig Coleman, Section Chair
Date  June 14, 2011

 

 

 

MSBA Antitrust Law Section

Annual Report
submitted May 20, 2010

 

 

Submitted by W. Joseph Bruckner, Chair

2007-2008 Annual Report
May 12, 2008

The Antitrust Law Section once again had an active and successful year, with a full slate of CLE programs.

Council Meetings.  The Antitrust Law Section Council met regularly on the second Wednesday of the month at the MSBA offices in Minneapolis to plan CLEs and other section business.

Section Delegate.  The Antitrust Section’s delegate to the Assembly (Mark Jacobson) participated actively in the Assembly and in committee work and kept the Section’s leadership apprised.  He was reappointed to serve a fourth term.

CLE Programs.  The Antitrust Section continued its outstanding series of CLE presentations.  (The Section has carved out a “niche” of noontime programs.)  The 2007-08 season presented the following:

·          In our lead-off program, Deborah A. Garza, Deputy Assistant Attorney General, addressed over 45 attorneys and students on September 20, 2007 at the University of St. Thomas School of Law.  Ms. Garza serves in the U.S. Department of Justice (DOJ) Antitrust Division, and is the former Chair of the Antitrust Modernization Commission (AMC).  Ms. Garza shared her thoughts on whether Congress will enact antitrust reforms recommended by the AMC in its final report issued in April 2007.

·          On October 16, 2007, the ABA Antitrust Section’s Trial Practice Committee, the Iowa State Bar Association, and the Minnesota State Bar Association Antitrust Law Section jointly presented “Inside an Antitrust Trial:  the View from Behind the Bench and Inside the Jury Room in the Iowa Microsoft Trial.”  Antitrust cases rarely go to trial, but for the second time in three years, a jury was impaneled in an indirect-purchaser antitrust case involving Microsoft.  This time it was Comes v. Microsoft, which was tried in Iowa’s Polk County District Court for several weeks before the parties settled the case.  In this program, the presiding judge (Hon. Scott Rosenberg) provided background on the case and some of the rules and practices he followed for the trial.  Selected jurors responded to questions about the trial ‑‑ what they liked, and what trial themes came through.

·          Minnesota antitrust lawyers and law students gathered on November 14, 2007, at the Crowne Plaza Hotel in Minneapolis to hear Professor Robert Kudrle speak about his recently completed research on antitrust law, a comparison of theory and practice in North America, Europe, and Asia.  Kudrle is Freeman Professor of International Trade and Investment Policy at the Hubert Humphrey Institute of Public Affairs and the Law School, University of Minnesota.

·          Attorney General Lori Swanson addressed the Section at the Town & Country Club in St. Paul on January 16, 2008.  Attorney General Swanson presented an overview of her office’s enforcement priorities which included a number of consumer protection efforts as well as recent antitrust enforcement activity.  Approximately 60 persons attended the program, an unusually large number.  Many in attendance were from outside our section, reflecting broad general interest in the legal community.

·          Dan Shulman, the noted Twin Cities antitrust practitioner and shareholder in the Gray Plant Mooty firm, addressed the Section membership on April 9, 2008, at the Minneapolis Club on the impact of antitrust law on sports, principally through the example of baseball, interspersing his talk with asides on famous baseball players and events.  The slide presentation accompanying Dan’s remarks is available on the Section website at www.mnbar.org.

·          Finally, on May 7, 2008, Law Professors Tom Cotter (University of Minnesota), Richard Murphy (William Mitchell), Susan Hayes Stephan (Hamline) and moderator Michael Lindsay (who teaches antitrust law at St. Thomas), presented an update on the past year’s antitrust decisions.  They shared insights about significant recent appellate decisions involving product bundling, exclusive dealing, and patent settlements.  Panelists also discussed the impact of the European Union’s recent Microsoft decisions.

Annual Meeting, Election of New Officers and Section Council.  The Section held its annual meeting on May 7, 2008, in conjunction with its noontime CLE program.  Beth Krueger (Greene Espel) was elected Chair for the 2008-2009 year.  Joe Bruckner (Lockridge Grindal Nauen) was elected Vice-Chair.  Craig Coleman (Faegre & Benson) is the new Secretary and Treasurer.  As noted above, Mark Jacobson (Lindquist & Vennum) was reappointed as the Section’s representative to the MSBA Assembly.

Finances.  The Section began FY 2007-2008 with a positive balance (not including investments) of $1,599.57.  Total revenues for the year to date are $7,750.00, comprising membership dues and meeting fees.  Total expenses for the year to date are $3,831.03, primarily comprising MSBA internal section invoices, catering charges, in-house charges and administrative fees.  This leaves the Section with an ending balance for the year to date of $5,518.54.  Together with the Section’s investment balance (maintained in a CD by US Bank) of $2,883.70, the Section’s ending balance including investments for the year to date is a very healthy $8,402.24.

Website.  Section Council member Brian Fischer, working with Kim Basting, the Section’s MSBA staff liaison, did tremendous work to update and make the Antitrust Section website more content rich.  Among other improvements, detailed reports on each of our program events are posted, often along with a copy of the speaker’s remarks or slide presentation.  Additionally, Section members are invited to post articles of interest to the membership to the website.

The Antitrust Law Section welcomes participation by all attorneys and law students and faculty who have an interest in antitrust law, regardless of the level of their experience or activity.  Those interested in becoming members should feel free to contact the MSBA officers listed above.

Richard A. Duncan
2007-2008 Section Chair


 

MSBA Antitrust Law Section
2005 - 2006 Annual Report


The Antitrust Law Section once again had an active and successful year, with a full slate of CLE programs.

Council Meetings: The Antitrust Law Section Council met regularly on the second Wednesday of the month at the MSBA offices in Minneapolis to plan CLEs and other section business.

Section Delegate: The Antitrust Section's delegate to the Assembly (Mark Jacobson) participated actively in the Assembly and in committee work and kept the Section's leadership apprised. He was reappointed to serve a second term.

CLE Programs: The Antitrust Section continued its outstanding series of CLE presentations. (The Section has carved out a "niche" of noontime programs.) In the 2004-05 year, the council had adopted a more aggressive approach to planning a larger number of potential programs, with the recognition that even if some did not materialize, the resulting series would still deliver quality programming to our Section members and other guests. The 2005-06 season presented the following:

" The lead-off program in September 2005 featured Maureen Ohlhausen (Director, Office of Policy Planning, Federal Trade Commission. The Federal Trade Commission has a dual mission - protecting consumers from deceptive practices and from anticompetitive practices. Sometimes these twin prongs seem to intersect (or even collide). Ms. Ohlhausen addressed this issue, with specific reference to recent FTC investigations, workshops, and enforcement actions.
" Our October speaker Lawrence Wu (Senior Vice President, NERA Economic Consulting) discussed the phenomenon of standards-development, and the economics of and antitrust issues associated with this joint activity.
" In December, we continued our annual series of hearing from a member of the local federal bench on practical features of antitrust litigation. In 2004-05 we had heard from Senior District Judge David Doty had discussing some of the many important cases he has handled. This year Senior U.S. District Judge Paul Magnuson discussed some key developments in antitrust pleadings practice and the potential implications of the Class Action Fairness Act.
" In January, Professor E. Thomas Sullivan (former Dean of the University of Minnesota Law School and now Provost of the University) addressed the Section on the development of antitrust law during the Rehnquist years - and the implications that the Rehnquist court's antitrust jurisprudence may have for the future.
" In April, our final program of the year featured Dan Shulman, a long-time antitrust practitioner in the Twin Cities, who had helped brief and argue Texaco Inc. v. Dagher, one of three antitrust cases that the U.S. Supreme Court heard and decided in its 2005-06 term.
Consistent with its new program strategy, in early Spring 2006 the council began planning its programs for the 2006-2007 program year.

Annual Meeting, Election of New Officers, Bylaw Amendments, and Section Council: The Section held its annual meeting in April 2006 in conjunction with its April noontime CLE program. Thomas Sheran (Moss & Barnett) was elected Chair for the 2005-2006 year. Richard Duncan (Faegre) was elected Vice-Chair. Beth Krueger (Robins Kaplan) is the new Secretary and Treasurer. As noted above, Mark Jacobson was reappointed as the Section's representative to the MSBA Assembly. The Section also approved a number of Bylaw amendments (which were subsequently approved by the Assembly). Finally, the Executive Committee made and effort to reinvigorate and diversify the Section Council. The Executive Committee reviewed council-member attendance from the past years and asked less-active members to consider their willingness to commit to more active participation. A number of council members decided not to re-commit, and the Executive Committee then made an active effort to involve in-house and government counsel as well as private-firm counsel, and specifically to attract qualified women and persons of color. The Executive Committee considered its efforts quite successful.

Finances and Membership: We began the year with an enviable 110% market share (that is, our membership exceeded the number of lawyers who had indicated antitrust as a primary area of activity). While we were not able to maintain this extraordinary level, our membership remained quite robust. The Section currently has 174 members. The Section remains financially solid. The section has built up a reserve over the last few years, recognizing that programming expenses will be higher in some years than in others (because of variations in speaker expenses). Expenses (including MSBA staff expenses) slightly exceeded dues and other receipts in 2005-06 but were well within the Section's reserves. (We began the year with a balance of $3,739.09 and ended the year with a balance of $2,507.98.) Had the Section not been charged for staff expenses, revenues would have exceeded expenses.

The Antitrust Law Section continues to encourage participation by all attorneys who have an interest in antitrust law, regardless of the level of their experience or activity. Those interested in becoming members should feel free to contact the MSBA offices or any of the officers listed above.

Michael A. Lindsay
2005-2006 Section Chair


MSBA Antitrust Law Section
2004 - 2005 Annual Report

The Antitrust Law Section had an active and successful year, with a full slate of CLE programs.

Council Meetings: The Antitrust Law Section Council met regularly on the second Wednesday of the month at the MSBA offices in Minneapolis to plan CLEs and other section business.

CLE Programs: CLE presentations sponsored and arranged by the Antitrust Law Section during the year included the following:

" A lunch program featuring long-time Minneapolis antitrust practitioner John French discussing significant changes in the antitrust law over the last 30-40 years, practice tips for antitrust practitioners and views concerning potential improvements to the antitrust law.

" A lunch and CLE exploring differences between antitrust law and enforcement in the United States, Europe and the rest of the world. This program featured Howard Bergman, former Chair of the Section, who is currently General Counsel in 3M's Brussels office with responsibility for Europe and Africa.

" A lunch and CLE featuring Senior U.S. District Judge David Doty discussing some of the many important cases he has handled, including the extended litigation between the National Football League and its players. This program was co-sponsored with the Civil Litigation Section.

" An extended lunch and CLE featuring Hennepin County District Court Judge Bruce Peterson and a number of jurors from the Microsoft class action antitrust trial. Judge Peterson and the jurors commented on various aspects of the trial of an antitrust case and fielded questions. Through a cooperative agreement with the Trial Practice Committee of the American Bar Association Section of Antitrust Law, this CLE program was made available by telephone to antitrust practitioners across the country.

" A breakfast CLE concerning antitrust issues in the healthcare field. This program featured Tom Pursell of Lindquist & Vennum, who had extensive government enforcement experience at the Minnesota Attorney General's office. This program was co-sponsored with the Health Law Section.

The Antitrust Law Section has already arranged a number of CLEs for the 2005-2006 year.

Annual Meeting and Election of New Officers: The Section held its annual meeting in June 2005 in conjunction with the CLE featuring John French. Michael Lindsay was elected Chair for the 2005-2006 year. Tom Sheran was elected Vice-Chair. Rick Duncan is the new Secretary and Treasurer. Mark Jacobson was selected as the Section's representative to the MSBA Assembly.

Finances and Membership: Membership increased slightly this year. The Section remains solid financially as dues and other receipts approximately equaled expenses.

The Antitrust Law Section continues to encourage participation by all attorneys who have an interest in antitrust law, regardless of the level of their experience or activity. Those interested in becoming members should feel free to contact the MSBA offices or any of the officers listed above.

Mark A. Jacobson
2004-2005 Section Chair


MSBA Antitrust Law Section
2002-03 Annual Report

I would like to thank each of you for a great year with the MSBA Antitrust Section. I appreciate all of your support and hard work. It made my job as chair a pleasure.

We had a successful year. The highlights were the four luncheon programs, three of which we organized:

I would like to thank Bill Greene, Clark Griffith, Bill Sippel, Kim Basting and Renee Anderson for their efforts to make these programs possible. (I hope I have not missed anyone. Let me know if I have, and I will make
amends!)

At this time, I give my best wishes to next year's officers: Bill Greene, chair; Joe Bruckner, co-chair; Mark Jacobson, secretary-treasurer. With your continued support, I am sure we can look forward to another great year of programming.

Thanks again. See you at the steering committee meetings.

Howard J. Bergman
Assistant General Counsel
3M Company


MSBA Antitrust Law Section
1999-2000 Annual Report

The MSBA Antitrust Section substantially increased the level of its activities during 1999-2000. The Section presented three well-attended programs and facilitated a fourth satellite program sponsored by the ABA Antitrust Law Section.

Officers of the Section this year were:

The three programs presented by the Antitrust Section were:

The First section meeting was held at the Crowne Plaza Northstar Hotel; the latter two meetings were held that the Town & Country Club in St. Paul. Attendance at all three programs was very strong. Members of the Minnesota Chapter of Corporate Counsel Association were invited to attend all meetings.

Additional, on May 23, 2000, the Antitrust Section invited its members to a program sponsored by the Interne Committee of the Antitrust Law Section of the American Bar Association, "Antitrust Issues in B2B Internet Exchanges." The ABA arranged to bridge this program to Dorsey & Whitney's Minneapolis office.

We are excited about activities planned for the Antitrust Section next year and welcome the opportunity to continue to work with members of the bar who practice in this interesting area of the law. Please let me know if you have any questions.

Alan H. Maclin

MSBA Antitrust Law Section
1996-97 Annual Report

During the past year, the MSBA Antitrust Section continued its active support of various continuing legal education seminars involving antitrust issues. The year included a well-received presentation by David A. Balto, attorney advisor to the chair of the Federal Trade Commission, regarding new revisions to the DOJ/FTC Antitrust Enforcement Policy Statements in the area of health care.

In addition, this year marked Brad Clary's retirement after 10 years as newsletter editor. Professor Daniel Gifford of the University of Minnesota Law School has agreed to take over, beginning with the next issue. On behalf of the entire section, we wish to thank Brad for a job well done.

Planning for next year is now under way. Section members who are unable to attend section programs can always catch up on Antitrust Section activities through the section newsletter.

Robert J. Schmit and Sue R. Halverson,
Chairpersons

- Last Updated 08/03/07 -