With the elections behind us, we can begin looking at possible changes at the top of the Antitrust Division of the Department of Justice (the "DOJ") and Federal Trade Commission (the "FTC"). Attorney General Eric Holder selected Renata Hesse as Acting Assistant Attorney General for Antitrust at the DOJ (Acting AAG), replacing Joseph Wayland, who had stepped down. The nomination of Bill Baer as the next Assistant Attorney General for Antitrust (AAG) continues to be held up in the Senate. At the FTC, there is a rumor afoot that Chairman Leibowitz will be leaving. Further, President Obama has nominated George Mason University (GMU) Law Professor Joshua Wright as Commissioner, replacing Thomas Rosch whose term is set to expire. Finally, we note that Will Tom has stepped down as General Counsel for the FTC.
Ms. Hesse has practiced antitrust law for many years, both in public and private practice. Ms. Hesse rejoined the Antitrust Division in March of 2012 as a Special Advisor to the AAG. She was appointed Deputy AAG for Criminal and Civil Operations in the Antitrust Division. Ms. Hesse joined the DOJ from the Federal Communications Commission, where she had served as Senior Counsel to the Chairman for Transactions. In that role, she oversaw the Commission's investigation of AT&T's proposed acquisition of T-Mobile. In 2006, she served as Chief of the Antitrust Division's Networks & Technology Enforcement Section after having served as an attorney in the Division's Merger Task Force and Transportation, Energy & Agriculture Section. Ms. Hesse was in private practice from 2006 to 2011.
Some of Ms. Hesse's more notable matters were the Division's challenge to Oracle's proposed acquisition of PeopleSoft, FirstData Corporation's proposed acquisition of Concord EFS, and the Division's challenge to Microsoft's alleged monopolist conduct. Ms. Hesse is particularly well known for her work in the intellectual property area. Ms. Hesse received her Bachelor of Arts in Political Science from Wellesley College in 1986 and her Juris Doctor from the University of California, Berkeley in 1990.
At the FTC, changes may be coming early next year because there are rumors that Chairman Leibowitz is stepping down. Chairman Leibowitz joined the Commission as a commissioner in 2004. He was a recess appointment by George W. Bush. In 2009, President Obama appointed him as chairman. Prior to joining the FTC, Mr. Leibowitz was the Vice President of Congressional Affairs for the Motion Picture Association (MPAA). Before joining the MPAA in 2000, he served for 11 years on the staff of Senator Herb Kohl (D-WI). During this time, Mr. Leibowitz served as chief counsel to the Senate Subcommittee on Terrorism and Technology and Democratic Chief Counsel, and Staff Director for the Senate Antitrust Subcommittee. From 1986 to 1989, Mr. Leibowitz served on the staff of Senator Paul Simon (D-IL). Although the Chairman has a broad resume, perhaps he will best be known in the antitrust area for continuing to challenge so-called reverse payment settlements (discussed in the "Supreme Court to Determine Antitrust Standards for Reverse Payment Settlement" article on page 7 of this issue); challenging various forms of allegedly deceptive and unfair methods of competition conduct by Intel under Section 5 of the Federal Trade Commission Act; focusing on intellectual property matters; and attempting to expand the scope of Section 5 of the FTC Act beyond the scope of the Sherman Antitrust Act. Although the Chairman has sought opportunities to expand Section 5, to his credit, he has not done so in an overly aggressive way.
Also, Joshua Wright was recently nominated by President Obama to fill the Republican seat on the FTC, replacing Thomas Rosch. Dr. Wright is a professor of law at GMU and has a courtesy appointment at the GMU Department of Economics. Professor Wright clerked for the Honorable James V. Selna of the Central District of California and taught at the Pepperdine University Graduate School of Public Policy. Dr. Wright was also a visiting professor at The University of Texas School of Law and was a Visiting Fellow at the Searle Center at the Northwestern University School of Law during the 2008-09 academic year. Dr. Wright has published in many leading economics journals, including the Journal of Law and Economics, Antitrust Law Journal, Competition Policy International, Supreme Court Economic Review, Yale Journal on Regulation, Journal of Competition Law and Economics, Review of Industrial Organization, Review of Law and Economics, and the UCLA Law Review. Dr. Wright is the co-editor of the Supreme Court Economic Review, and serves on the editorial board of the Antitrust Law Journal, Global Competition Policy, and Competition Policy International. Dr. Wright received both a J.D. and a Ph.D. in economics from UCLA. Dr. Wright's confirmation is pending.
Finally, Willard K. "Will" Tom stepped down as General Counsel for the FTC. Mr. Tom had served at the FTC for the last three years. He was in private practice before that. He had previously served as Assistant Director of the FTC's Bureau of Competition under the Clinton Administration.
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