Webcast: Is It Bad To Be Big? An Antitrust Update On Monopoly Law And Enforcement

May 23, 2019

The topic of monopoly is in the news almost every day. Join us for a look behind the headlines to understand what you need to know about the current state of Sherman Act Section 2 monopolization law and enforcement. Our panel includes seasoned Gibson Dunn antitrust litigators and appellate advocates, former FTC and DOJ officials, and a leading antitrust economist.

View Slides (PDF)


Thomas G. Hungar is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Appellate and Constitutional Law and Antitrust and Competition Practice Groups. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral arguments before the Supreme Court of the United States in 26 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts. Mr. Hungar served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019, when he rejoined the firm. Previously, he served as a Deputy Solicitor General of the United States.

Janusz A. Ordover is an Emeritus Professor of Economics and a former Director of the Masters in Economics Program at New York University where he taught since 1973. He served as the Deputy Assistant Attorney General for Economics in the Antitrust Division of the U.S. Department of Justice under President George H. W. Bush. While at the Antitrust Division, Professor Ordover served on the White House de-regulation task force, guided economic analyses of antitrust enforcement and acted as a liaison between the Justice Department and various regulatory agencies. At the Division, he was one of the main drafters of the 1992 Horizontal Merger Guidelines. Professor Ordover served as an advisor to the Organization for Economic Cooperation and Development (OECD) in Paris, the World Bank, and the Inter-American Bank for Development on matters of privatization, regulation, international trade policy, and competition policy. He has advised the governments of Poland, Czech Republic, Russia, Hungary, Argentina, and others on regulation and competition matters, as well as on privatization strategies.

Richard Parker is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. Mr. Parker is a leading antitrust lawyer who has successfully represented clients before both enforcement agencies and the courts. As a trial lawyer and an antitrust regulatory lawyer, Mr. Parker has been involved in many major antitrust representations, including merger clearance cases, cartel matters, class actions, and government civil investigations. He has extensive experience representing clients in matters before the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division. From 1998 to 2001, he served as the Senior Deputy Director and then as Director of the Bureau of Competition at the FTC.

Cindy Richman is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Partner-in-Charge of the office. Ms. Richman has experience handling a wide variety of antitrust matters in a broad range of industries, including in high-technology products. Who’s Who Legal has repeatedly named Ms. Richman a “Future Leader” in Competition, noting that she is known for her “impressive advocacy skills” and “strong track record in important cases.” Her practice includes defending companies before state and federal courts, including appellate courts, in matters alleging a range of antitrust-based claims. Ms. Richman has particular expertise defending against monopolization and attempted monopolization claims, including those based on allegations of exclusive dealing, refusal to deal, and predatory pricing.

Daniel G. Swanson is a partner in the Los Angeles and Brussels offices of Gibson, Dunn & Crutcher and Co-Chairs the firm’s Antitrust and Competition Practice Group. Mr. Swanson is a member of the California and Brussels Bars and holds a Ph.D. in economics from Harvard University. As a trial and appellate litigator, he has been involved in numerous antitrust matters involving claims of monopolization and dominance, including some of the most significant Section 2 cases of the last several decades. He frequently represents clients in matters involving technology and intellectual property. Chambers USA has reported that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and has described him as “a highly regarded trial lawyer with a wealth of experience” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.”