 |
 |
Telecom Antitrust
After Trinko:
"Waterloo or D-Day?" |
| This presentation to the National
Association of Regulatory Utility Commissioners explored the potentially revolutionary consequences
of the Supreme Court's decision in Verizon v. Trinko, a landmark
case redefining the interplay between antitrust law and regulation. Sweeping
with a broad brush, the Trinko opinion reverses settled rules
that had allowed antitrust courts for decades to enforce competitive
market behavior in lawsuits against regulated monopolies. But it also
pressages a new era of regulation, in which the basic effectiveness of
regulatory oversight may well become the determative factor in whether
Sherman Act prosecutions against firms subject to the Telecommunications
Act of 1996 will be permissible. March
2004 |
|
 |
The
Politics of Bandwidth:
Convergence, Globalization and the
Future of Telecom Regulation |
| As communications
networks produce more and more bandwidth, traditional regulatory
classifications and policies no longer work well. This presentation
to the United
States Telecom Association explored the influence of bandwidth
from a political, legislative and public policy perspective. It assessed
the impact of concentration, interconnection and federal policies — and
the continued failure to modify legacy rules — on competition,
consumer welfare and United States global leadership in the communications
space. September 2000 |
|
 |
Convergence
Mergers:
Where's the Relevant Market? |
| The rise
of the Internet and the convergence of voice, data and mass media
are challenging older antitrust law market definitions. This presentation
to the Practicing
Law Institute discussed the drivers and implications
of those changes and assessed how regulators'
view of barriers to entry is evolving. It reviewed the antitrust
lessons learned from the year's most significant mergers — Bell
Atlantic/GTE; WorldCom/Sprint; AT&T/MediaOne; and Time-Warner/AOL — and
assessed the public policy issues, such as open access to cable and
broadband, that are affecting the merger review process. August
2000 |
|
 |
The
Case for Structural Relief:
“Breaking Up Is Hard To Do?” |
| Examination
of the need for a divestiture remedy in the United States v. Microsoft antitrust
case, contrasting the intrusive enforcement effects of a conduct-oriented
injunction with what the Supreme Court has called the "surer,
cleaner remedy" of a structural break-up. Delivered at Ralph
Nader's Which
Remedies?: Appraising Microsoft II conference, this presentation
followed from my February 1999 White Paper on Microsoft remedy issues
for the Software & Information
Industry Association. April
1999 |
|
 |
Regulation
of the Internet:
A
War Between Two Worlds |
| Ground-breaking
presentation from the Fall Internet World '96 conference in New York
City exploring the public policy consequences of technological convergence,
focusing on Voice Over IP (Internet Telephony) services, access charges,
universal service and Internet governance. Based on my representation
of Netscape Communications Corp. in the first landmark proceedings
affecting regulation of the Internet, it assessed the breakdown of
the FCC's Computer II paradigm in the context of development
of the decentralized, packet-switched Internet and the consequences
of Internet architecture on traditional "common carriage" telecommunications
regulation. December 1996 |
