INTERVIEW : USA - FEDERAL TRADE COMMISSION - AFFAIRES INTERNATIONALES

Randolph Tritell, FTC: A US Government official’s perspective on international antitrust

1. What led to your involvement in the international antitrust field and to your appointment as Director of the Federal Trade Commission’s Office of International Affairs?

2. You mentioned the creation of the Office of International Affairs through the merger of the Agency’s international antitrust, consumer protection and technical assistance offices in early 2007. Why this consolidation and has this combined leadership allow you to better pursue the international missions of the agency?

3. Talking about mission, can you explain to the readers of Concurrences the goals, la raison d’être if you will, of the FTC’s Office of International Affairs in terms of international antitrust and what concrete steps have you undertaken to achieve them?

4. What international fora relating to antitrust law and policy does the FTC engage in and what are the objectives and contributions of these venues to cooperation and convergence in the antitrust field?

5. The FTC has assumed various leadership roles in the International Competition Network since its inception in 2001. What challenges has the Network faced during its 10-years existence and what are its most significant antitrust contributions according to you? What are your thoughts on the future of the Network?

6. 10 years after the GE-Honeywell failed merger, many conferences and programs on international antitrust issues continue to predict the doom of another merger leading to diverging outcomes in the U.S. and in the EU. Further, the U.S. antitrust authorities have recently released new U.S. Horizontal Merger Guidelines introducing some new concepts in merger review. What efforts have you deployed to reach consistent outcomes between the U.S. and other foreign agencies in merger review and how realistic is the risk of divergence?

7. The FTC is not alone in enforcing the antitrust laws in the United States. What are the implications of the shared jurisdiction between the FTC and DOJ for your international work? For instance, domestically, when the 2008 DOJ issued its Report on Unilateral Conduct and filed its amicus brief with the Supreme Court in the linkLine case, we observed diverging views on policy and enforcement. How do the U.S. antitrust authorities ensure that they speak with one voice internationally?

8. This is very helpful. Our European readers may further be interested in understanding how the responsibilities of enforcing the U.S. antitrust laws are shared between the FTC and DOJ, and who are the other actors entitled to bring antitrust actions. Can you shed some light on this intricate procedural question?

9. Do other U.S. or State agencies play any role in multijurisdictional antitrust cases?

10. The FTC, created in 1914, by the virtue of its long history and diverse caseload has accumulated significant experience in antitrust enforcement over the years. What do you do to share the agency’s expertise with foreign counterparties?

11. You have been in charge of international antitrust matters during two alternations between Republican and Democratic administrations. Have you observed any changes in priorities with respect to international antitrust issues?

12. With the introduction of competition laws in more than 100 jurisdictions around the world, the increased importance of this branch of economic law is no longer news. What are some of the challenges lying ahead of this vast multijurisdictional world?

13. What important developments do you foresee in the international antitrust field?

Interview conducted by Anna Chehtova US Federal Trade Commission.

2007-Present Director, Office of International Affairs, Federal Trade Commission 1998-2007 Assistant Director for International Antitrust, Federal Trade Commission 1992-1998 Partner in charge of opening and managing the Brussels office of Weil, Gotshal & Manges LLP 1986-1992 Associate, Trade Regulation Department, Weil, Gotshal & Manges LLP; New York 1978-1986 Staff attorney, Assistant to the Director, Attorney advisor to Commissioner Calvani, and Executive Assistant to the Chairman, Federal Trade Commission 1977 J.D., University of Pennsylvania Law School Randolph Tritell: A U.S. Government official’s perspective on international antitrust What led to your involvement in the international antitrust field and to your appointment as Director of the Federal Trade

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  • US Federal Trade Commission (FTC) (Washington)

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Randolph Tritell, Randolph Tritell, FTC: A US Government official’s perspective on international antitrust, May 2011, Concurrences Review N° 2-2011, Art. N° 35657, pp. 9-16

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