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See version in english Barry HAWK, Fordham University: From esoterica to the mainstream

INTERVIEW : INTERNATIONAL ANTITRUST - EUROPEAN COMMISSION - MODERNIZATION OF EU COMPETITION LAW - CHICAGO SCHOOL

Barry HAWK, Fordham University : From esoterica to the mainstream

1. You have been a true pioneer of international antitrust, and have thought, spoken, and written about comparative antitrust law and the international effects of antitrust enforcement long before it became a fashionable trend. What piqued your interest in this area of the law ?

2. Let me follow up on your description of the European Commission as your “home.” You are also known for being very critical of Commission policies and practices in your writings and statements. What explains these seemingly contradictory attitudes ?

3. What are the most significant enforcement and policy changes you have observed since your time at the Commission ?

4. Do you think that modernization of EU competition law as you just described it has been a good thing or do you share the view of some that it has made things too complicated, both substantively and jurisdictionally ?

5. Let’s move on and talk about the International Antitrust Conference which has been closely associated with your name for nearly 40 years and over the years has remained one of the annual highlights of international antitrust. How did everything start, what explains its success ?

6. How has the Conference developed over the last 40 years ?

7. Wait a moment : No “C” as in Chicago school ?”Are you saying that antitrust schools are irrelevant ?

8. Cartel enforcement is certainly an area where differences between antitrust “Schools” play next to no role. All appears to be pretty straight forward : Antitrust authorities continue to sharpen their enforcement tools, international cooperation is a big thing, some might see something like an arms’ race among antitrust authorities on who can impose the highest fines and harshest penalties, and it’s an area that has become a major business for many international law firms. From a more academic perspective, are there any intellectually interesting questions in this area ?

9. You have been going back and forth between academic work and practicing law. You were a highly respected scholar and author, afterwards you joined Skadden and became a successful antitrust lawyer, a few years ago you returned to Fordham to start more academically oriented projects, and recently you became of counsel with Labruna Mazziotti Segni. With all these experiences in mind, how would you compare teaching with practice ?

10. What characterizes a good antitrust lawyer ?

Interview réalisée par Andreas Reindl,Fordham University.

Since 2010 Professor, Fordham University 1990 Partner, Skadden LLP, New York 1968 Professor, Fordham University 1965 Graduated from Virginia Law School 1. You have been a true pioneer of international antitrust, and have thought, spoken, and written about comparative antitrust law and the international effects of antitrust enforcement long before it became a fashionable trend. What piqued your interest in this area of the law ? I guess there are two parts or answers to your question. As to antitrust, I was expecting to be a civil rights lawyer when I was in Virginia Law School in the 1960s. Indeed, the writing in which I still take the most pride was an article on Federal Protection of Negro Voting Rights which was cited by the Supreme Court in upholding the constitutionality of

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Barry E. Hawk, Barry HAWK, Fordham University: From esoterica to the mainstream, February 2012, Concurrences Review N° 1-2012, Art. N° 41518, www.concurrences.com

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