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2 Antitrust (Newsl.) 1 (1979-1980)

handle is hein.journals/antitrust2 and id is 1 raw text is: AntitRust@ Published by the Volume 2 ASi-tion of Antitrust Law Number 1 Winter 1979 Spring Meeting to Focus on National Commission The Section's Annual Spring Meeting to be held at the Shoreham Americana Hotel April 5 and 6, 1979, will once again call antitrust lawyers from across the country to Washington. In addition to the annual spring dinner and the perennial committee meetings which will take place during the 1979 Spring Meeting, the Section will gather antitrust lawyers from government and the private bar for an outstanding spring program put together by the Section's Program Committee chaired by James T. Halverson (New York). In keeping with past tradition, the spring program has been divided into two parts. Thursday's full-day pro- gram-devoted to a critical analysis of the Report and Recommendations of the National Commission for the Review of Antitrust Laws and Procedures-should prove to be both timely and immensely interesting to a wide spectrum of the antitrust bar. Friday morning's program will be the annual Report From Official Washington. The Thursday program focuses on the two broad areas which the Commission was directed to study-complex antitrust litigation and antitrust exemptions and im- munities. The morning session is entitled Analysis of the Recommendations of the President's Commission: Sug- gested Methods for Expediting the Complex Antitrust Case. The panel of speakers assembled for Thursday morning includes experienced judges and antitrust prac- titioners who will discuss the various conclusions of the National Commission with respect to methods for ex- pediting the big case. Following a brief introduction by Jim Halverson, the moderator of this panel, the Honorable Patrick Higgin- botham, United States District Judge (N.D. Tex.) will present his views on the topic Proposed Increased Judi- cial Pretrial and Trial Management: Can It Work? Judge Higginbotham will consider such questions as early pretrial issue definition, strict time limits for discovery, the early setting of a firm trial date and modifications to Rule 16 and Rule 26 to empower judges to limit issues and discovery. The Honorable Frederick B. Lacey, United States Dis- trict Judge (D.N.J.), will speak next. Judge Lacey will Continued on page 11 National Review Commission Complete; Final Report Issued by Joe Sims byoem ii On January 24, 1979, the .: ~~; National Commission for the t ') Review of Antitrust Laws and Procedures delivered its final report to President Carter and Attorney General Bell. To old- hand Commission watchers in • ,J the nation's capital, the fact that the Commission's report was on time was perhaps most surprising. The Commission was created on December 1, Joe Sims 1977, pursuant to Executive Order 12022, but it did not come into official existence until the naming of its 22 members on June 21, 1978. At the express urging of the Attorney General, the Commission was given only six months to complete its study, and one extra month to write its report. That it has, in this short time, produced a significant and useful document is a tribute to both its members and its staff. The Commission had a limited but important mission, and it carried it out very well indeed. The Exec,:tive Order establishing the Commission in- structed it to study and make recommendations in two general areas: complex antitrust litigation (the big case), and antitrust exemptions and immunities. The Commission ended up with three main areas of study and, ultimately, recommendations. First, the Commis- sion studied procedure, and made a variety of recom- mendations designed to eliminate or lessen the incidence of protraction in antitrust litigation. Second, the Com- mission dealt with several questions of substantive law and remedies. In this area, the Commission's recommen- dations were considerably more controversial, and in- cluded endorsement of a more expansive standard for preliminary injunctions, a recommendation to amend the Sherman Act to expand the scope of the attempt-to- monopolize language in Section 2, and a recommenda- Continued on page 6

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