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Antitrust Institute 2013: Developments & Hot Topics

 
Author(s): Yvonne S. Quinn, J. Thomas Rosch, Harvey I. Saferstein, Roxane C. Busey, Alan H. Silberman
Practice Area: Antitrust, Corporate & Securities
Published: May 2013
PLI Item #: 41843
CHB Spine #: B2027

Roxane C. Busey is a nationally recognized antitrust attorney in the Chicago Office of Baker & McKenzie. She served as Chair of the ABA Section of Antitrust Law in 2001-02,  Chair of the Section’s Task Force on the Antitrust Modernization Commission from 2003-2007, and  on the Section’s Task Forces on Competition Policy to the Clinton, Bush, and Trump Transition Teams.

Ms. Busey’s practice includes both antitrust counseling and litigation. She has practiced before the Federal Trade Commission, the Department of Justice, and various state antitrust enforcement agencies. Ms. Busey served as one of the lead counsel defending the National Resident Matching Program in Jung v. AAMC, an antitrust class action lawsuit filed by three medical residents alleging a wage fixing conspiracy among many of the nation’s leading teaching hospitals. She has also represented defendants in antitrust class actions alleging price fixing and in several criminal matters.

A significant portion of Ms. Busey’s practice relates to mergers, joint ventures and strategic alliances. She has obtained merger clearance from the FTC or the DOJ for transactions in various industries.  She also works in conjunction with the firm’s global competition network of over 300 competition lawyers to provide multijurisdictional merger control and other antitrust advice.

Ms. Busey is both a counselor and strategist on antitrust issues. She has developed global antitrust compliance programs and conducted compliance audits in many industries. She has substantial experience in the health care and insurance industries and in representing trade and professional organizations. She has also counseled companies with large or dominant market shares on a variety of practices, including exclusionary conduct, essential facility, refusals to deal, tying arrangements, bundled discounts, and resale pricing. She also has addressed antitrust intellectual property issues in licensing and pooling agreements, and she has appeared before the  FTC in an investigation involving standard setting and related intellectual property issues.

Ms. Busey has been recognized for at least a decade as a leading antitrust authority by Chambers USA America’s Leading Business Lawyers;  The Best Lawyers in America;  Who’s Who in America;  Competition & Antitrust Expert Guide;  Global Counsel, Competition Law Handbook; Guide to the World’s Leading Competition and Antitrust Lawyers; Illinois Leading Lawyers Network; Illinois Top 50 Business Lawyers; Illinois Top 10 Women Lawyers; and Illinois Top 10 Women Litigators.

Ms. Busey is a frequent lecturer and author on antitrust issues. She recently won the business award from Concurrence for her article on Global Antitrust Compliance. She was co-chair of PLI's  antitrust program in Chicago for over a decade, where she regularly spoke on Relationships Among Competitors. She also regularly speaks on Antitrust Counseling for the Antitrust Section’s biannual Master’s Program.  She has served as the program chair for the Chicago Forum on International Antitrust Issues since its inception in 2009.   Ms. Busey has also testified before  the FTC on Joint Ventures; Efficiencies and Global Competition; Intellectual Property; and Health Care.

Ms. Busey received her law degree from Northwestern Law School.


Yvonne Quinn is a member of the Firm’s Litigation Group and one of two partners in charge of coordinating the Firm’s Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn’s clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute’s Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York.

Ms. Quinn has been recognized as a leading antitrust practitioner in Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers USA (2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers Global (2003, 2004, 2005, 2011, 2012, 2013, 2014, 2015);  The Legal 500 United States (2007, 2009, 2011, 2012, 2013, 2014, 2015); Law Business Research’s The International Who’s Who of Competition Lawyers (2004, 2005, 2006, 2007, 2009) and The International Who’s Who of Business Lawyers (2005, 2006, 2007, 2009); Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers (2002, 2006, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); The Best Lawyers in America (2007, 2008, 2009, 2010, 2011,2012, 2013, 2014, 2015, 2016, 2017); and Lawdragon 500: Leading Lawyers in America (finalist), among other guides to the legal profession.

Education

1977, University of Michigan, M.A.

1976, University of Michigan Law School, J.D.

1973, University of Illinois, B.A.


Harvey Saferstein specializes in antitrust and intellectual property counseling and litigation, and complex commercial and business litigation.

Harvey has previously been a partner with various prominent Los Angeles law firms.  He was also the Regional Director of the Federal Trade Commission from 1978 to 1980.

From 1992-1993, Harvey served as President of the State Bar of California.

Currently, Harvey is a Member of the California State Bar’s California Access to Justice Committee.  He has been involved in many other committees with the State Bar of California including, Chair, Board on Discipline and Admission; Vice Chair, Legal Services; Co-Chair, LAW-HELP-LA Task Force; Member, Legal Committee; Member, Labor Relations; Member, Administrative of Justice; and Member of the Antitrust Section Executive Committee.

Harvey also served on the Judicial Council of California from 1993-1997. His committee work entailed participating on the Executive Committee, Rules and Forms Committee, Executive and Planning Committee, and Bench/Bar Coalition. He is an active member in the Ninth Circuit Judicial Conference and American Bar Association Antitrust and Intellectual Property Sections. Other bar activities include service on the Board of Trustee of the Los Angeles County Bar Association (1987-1989), President of the Association of Business Trial Lawyers (1994-95), President of the Legal Aid Foundation of Los Angeles (1987-1989), member of the Harvard Law School Board of Directors (1993-1997), and Vice President of the Disability Rights Legal Center in Los Angeles (2004-present).

Harvey’s litigation activities include trial and appellate counsel in antitrust cases and class actions in federal and state trial and appellate courts. He has also appeared before federal and state agencies and represented various businesses in federal and state investigations into antitrust and consumer protection matters. His counseling work encompasses advising clients on how to comply with state and federal antitrust laws, consumer protection laws, and other business regulations; conducting compliance seminars and programs for major corporations; advising on and conducting Hart-Scott-Rodino compliance and filing procedures in mergers and joint ventures such as the Robinson-Patman Act; and compliance counseling for major advertisers regarding consumer protection laws, intellectual property rights and media law. Harvey's litigation management cases have involved organizing, setting up and hiring personnel for a free-standing "branch" office in Chicago, IL, to represent a Chicago-based client in a hostile takeover. He also coordinated a post-trial team to overturn a $700 million federal antitrust jury verdict.  Harvey also successfully brought and settled a major antitrust/unfair competition case against a national retailer and an international food supplier on behalf of a terminated customer.

Harvey is admitted to practice in California. He received his B.A., Phi Beta Kappa, from University of California at Berkeley in 1965, and earned his J.D. from Harvard Law School, magna cum laude, in 1968, where he was the Executive Editor of the Harvard Law Review. After graduating from law school, Harvey served as a Law Clerk to Chief Judge Bailey Aldrich, U.S. Court of Appeals for the First Circuit, Boston, Massachusetts, and as an Attorney Advisor to Federal Trade Commissioner Philip Elman in Washington, D.C.


Former FTC Commissioner (7 year term); antitrust litigator (40 plus years) first at the McCutchen firm and then at the Latham firm; Fellow American College of Trial Lawyers since 1988; chair of both the ABA Antitrust Section and the California State Bar Antitrust and Consumer Protection Section; California Antitrust Lawyer of the Year 2003.


Alan Silberman is the chair emeritus of SNR Denton's [now DENTONS]  Antitrust & Competition Practice.  He has 48 years' experience in antitrust and franchising litigation, counseling and related transactional representation, as well as in general commercial litigation.  He has represented franchisors in a number of negotiated, litigated and arbitrated disputes with franchisees and third parties and regularly represents franchising clients in domestic and international activities.

A member of the Bureau of National Affairs' Antitrust and Trade Regulation Advisory Board, he is a frequent speaker on antitrust topics relating to marketing, distribution, franchising, litigation and insurance at various national and international programs and seminars, including serving as co-chair of PLI Antitrust Institutes for over 25 years.  He is also a member of the Illinois Franchise Advisory Board appointed by the attorney general of Illinois.

Mr. Silberman served as chair of the American Bar Association Section of Antitrust Law for 1993 94 and as immediate past chair during 1994-95.  He has also held various officer positions since 1988, previously serving as a member of the Council of the ABA Section of Antitrust Law and as a member of its Special Committee on the Role of the Federal Trade Commission, and a member of the ABA House of Delegates.  In Chambers USA, he is ranked as one of two "Senior Statesman" in franchising in the United States, and one of two "Senior Statesmen" in Illinois Antitrust.

.  He has participated as a member of the Antitrust Section's Special Task Force on Competition Policy which presented views on competition and consumer protection issues to the Clinton/Gore administration in March 1993.

Representative Experience

In franchising matters, he has acted as outside counsel for McDonald's Corporation in various litigated matters, including the constitutional challenge to the Iowa Franchise Agreement Act; "encroachment" and renewal claims in Chang v. McDonald's Corporation and Schubot v. McDonald's Corporation; tying and price fixing claims in Principe v. McDonald's Corporation, Kypta v. McDonald's Corporation and Levine v. McDonald's Corporation; and market definition issues in Dunafon v. Delaware McDonald's Corporation.  He has regularly counseled McDonald's Corporation on a wide range of franchise law, franchise relationship, marketing and trade regulation matters.  He also represents a wide range of other franchising and distribution clients, including Intercontinental Hotels Group, (Holiday Inn, Crowne Plaza, InterContinental, Staybridge Suites and Candlewood Suites), Sara Lee Corporation, Pella Corporation,  Purina Animal Nutrition LLC and Prudential Real Estate Affiliates, Inc.  He has been involved in acquisition and transactional representation for many of these firms, including a sale and joint venture between Holiday Inns, Inc. and Bass plc; the further acquisition of Holiday Inns by Bass; the acquisition of Electronic Realty Associates (ERA) from Control Data Corporation; and the acquisition of real estate brokerage assets from Merrill Lynch Realty and their integration into Prudential Real Estate Affiliates.

Mr. Silberman has acted as counsel for insurance companies in various cases involving the legality of provider arrangements and similar claim handling practices designed to obtain competitive prices for insurance companies and their policyholders, including Quality Auto Body, Inc. v. Allstate Insurance Company and Proctor v. State Farm Mutual Insurance Co.  He represented Allstate in the Insurance Antitrust Litigation (MDL No. 767).  He is national counsel for BASF (Knoll Pharmaceutical Company) in the Prescription Drug Antitrust Litigation (MDL No. 997) and in related state court actions pending throughout the United States.

Representative Appellate Experience

Mr. Silberman has tried lawsuits and argued appeals in courts throughout the United States, including arguments before the United States Court of Appeals for the Eighth Circuit in the Iowa Franchise Act litigation and in Rolscreen Co. v. Pella Products of St. Louis, Inc.; before the Court of Appeals for the Seventh Circuit in Sampson v. Embassy Suites, Inc. and Quality Auto Body v. Allstate Insurance Co.; before the Court of Appeals for the Fifth Circuit in Como v. McDonald's Corporation and Liberty Auto Glass v. Allstate; before the Court of Appeals for the Ninth Circuit in Nike, Inc. v. Champion Products, Inc. and McDonald's Corporation v. Rincon East, Inc. and related cases; before the Court of Appeals for the Tenth Circuit in Politte v. McDonald's Corporation; before the Court of Appeals for the Eleventh Circuit in Schubot v. McDonald's Corporation and before the Oregon Supreme Court in Allstate Insurance Company v. Top Service Body Shop, which remains one of Oregon's most-cited cases on matters of tortious interference.   He has argued appeals before the Illinois Appellate Court, including Hoffman v. Midas International Corporation, which upheld Midas' right to develop new locations over objections by Midas franchisees, and Block v. McDonald's Corporation, which secured approval of a cy pres settlement agreement resolving multiple class action claims involving McDonald's french fry preparation.  In most of these matters, he was involved in counseling and strategic development relating to the business activities prior to litigation as well as in the defense of the position when litigation ensued.  In addition, he was retained, following trial, to represent Monumental Life Insurance Company following a jury verdict and a $10 million punitive damage award in the Idaho case of Walston v. Monumental Life Insurance Co. and argued that matter before the Idaho Supreme Court.

Other Legal Experience and Activity

During the years (prior to the formation of SNR Denton) that Sonnenschein was a member of Lex Mundi, Mr. Silberman served as a member of the Board of Directors of Lex Mundi, and then became Treasurer of Lex Mundi and a member of its Executive Committee as well as being the immediate past chair of its Antitrust Competition and Trade Practice Group.

Following graduation from law school, Mr. Silberman served for two years as law clerk to the Honorable Hubert L. Will, United States District (Northern District of Illinois).  He is a member of the Bar of the State of Illinois and the Bars of the United States Supreme Court and various United States courts of appeal and district courts.

Organizations

Mr. Silberman is the president of the World Council of Conservative / Masorti Synagogues, an international body supporting development of Conservative Judaism throughout the world and is a member of the Board of Governors of the Jewish Agency. He is a member of the (Expanded) Executive of the World Zionist Organization and a member of the Zionist General Council and its Presidium. He previously served as president of the National Ramah Commission, Inc., of the Jewish Theological Seminary of America, which coordinates the operation of Ramah camps - educational institutions for Conservative Jewish youth in six North American locations-and other Ramah programs in Israel and Eastern Europe and as chair of the National Ramah Commission Board of Trustees. He is a member of the Board of Governors of the Northwestern University Library and has also been active in alumni activities for Northwestern University and served as chair of the University's 1851 Society.

Mr. Silberman's biography appears in Who's Who in America, Who's Who in the World, the International Who's Who of Business Lawyers (Franchising and Competition), Chambers USA - America's Leading Business Lawyers and other national and international publications. In 2006-09 he was named as one of the top 100 business lawyers practicing in the State of Illinois. He is married to Margaret Silberman, a psychologist. They have two children, Elena, a marketing executive, and Mark, an attorney.