Virtual Panel Discussion: The Antitrust Cases Against Facebook: Examining the Lawsuits and Implications

Thursday, December 17 | 1:00 - 2:00 p.m. ET

Last week, the Federal Trade Commission (FTC) and a coalition of 48 state attorneys general filed two separate lawsuits against Facebook. The complaints argued that the company maintained a monopoly position in the “personal social media networking” market through a series of acquisitions over the past decade intended to buy up potential rivals and by imposing restrictive policies to hinder companies that present competitive threats. Both suits call for the divestiture of Instagram and WhatsApp, along with other proposed remedies.

These lawsuits raise broader questions. Critics argue that both suits rely on hypotheticals that fail to demonstrate consumer harm, are politically driven, and fail to consider the negative impact venture capital investments and procompetitive merger activity. And if successful, these retroactive challenges to consummated mergers would represent a major change in antitrust law, shifting the current enforcement framework to ex-post merger review.

Our panel of experts will discuss the lawsuits, the merger review process and FTC enforcement, and assess the implications for consumers, companies, and the law. 

Featuring:

Steven J. Cernak

Partner at Bona Law PC

Steve Cernak is a partner in the Detroit office of the antitrust law boutique of Bona Law PC.  He has practiced antitrust law for over thirty years, including more than twenty in house at General Motors, where he headed up the global competition practice.  He is a longtime leader of the ABA Antitrust Law Section and has written for various publications, including The Antitrust Attorney Blog.  He teaches antitrust law as an adjunct professor at two Michigan law schools.

Asheesh Agarwal

Deputy General Counsel, TechFreedom

Asheesh Agarwal is TechFreedom's Deputy General Counsel, where he examines issues of administrative and antitrust law and policy. Asheesh served in senior roles in the administrations of President Trump and President Bush, including at the Federal Trade Commission and Department of Justice. At the FTC, Asheesh served as Assistant Director of the Office of Policy Planning, where he helped to lead the Commission's competition advocacy program. Asheesh received his J.D. from the University of Chicago Law School and his B.A. from Northwestern University, which later this week will play for the Big 10 Championship against Ohio State. 

Doug McCollough

Partner at McCullough Sudan PLLC & Director, Lone Star Policy Institute

With over 20 years of experience, Doug McCullough represents clients in business transactions, international business and taxation. McCullough’s clients range in size from startups to mid-market and publicly traded corporations. Doug is also a director of the Lone Star Policy Institute, a free-market think tank and a director of the Canada-Texas Chamber of Commerce. Doug is also a National Review Institute Regional Fellows and co-host of the Urbane Cowboys podcast on policy and society.