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June 2007 Volume 6 Issue 5 www.antitrustsource.com

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CURRENT ISSUE

Roundtable Conference with Enforcement Officials Tom Barnett (Antitrust Division),
Bob Hubbard (NAAG), Neelie Kroes (European Commission), and Deborah Majoras (FTC)

The top U.S. and EU enforcement officials present their views and answer questions about antitrust and consumer protection policies and initiatives (from the ABA Section of Antitrust Law Spring Meeting, April 20, 2007).

Twombly: A Journey from the Conceivable to the Plausible

Manfred Gabriel walks us through the Supreme Court's just-issued decision on new pleading standards for Section 1 cases and the broader implications of the case.

The Tunney Act: A House Still Standing

Joseph Krauss, David Saylor and Logan Breed analyze the current status of Tunney Act judicial review of DOJ consent decrees in the wake of the Verizon/MCI and AT&T/SBC settlements.

Ethical Considerations in Settling Antitrust and Consumer Protection Disputes

Kathryn Fenton addresses ethical issues that can arise in the communication of settlement offers, e.g., truthfulness obligations in settlement negotiations, conflicts of interest, and the imposition of restrictions on an attorney's ability to bring further claims in the settlement agreement.

Paper Trail: Working Papers and Recent Scholarship

Editor Bill Page comments on a recent paper on American "antifederalism" and its consequences for antitrust policy.

NB: FROM THE EDITOR

WELCOME to the June issue of The Antitrust Source, your source for up-to-the-minute expert analysis on the most timely topics in antitrust. In this issue, we are pleased to feature the edited transcript of the Roundtable Conference with Enforcement Officials from April’s ABA Antitrust Section Spring Meeting in Washington. This is the second year that the Enforcers Roundtable has appeared in the issue of The Source immediately following the Spring Meeting. We are delighted to offer our readers quick access to the latest comments of U.S. DOJ Antitrust Division Chief Tom Barnett, FTC Chairman Deborah Majoras, NAAG Multistate Antitrust Task Force Chair Bob Hubbard, and European Commissioner for Commission Neelie Kroes.

If there is something you think we should cover or you have something you'd like us to publish, send it to antitrust@att.net.

Gary Zanfagna
Editorial Chair

Michael Barnett
Suzanne Smith
Issue Editors

Vol. 6 Issue 5