INTERVIEW : USA - DEPARTMENT OF JUSTICE - FEDERAL TRADE COMMISSION - ANTITRUST – PROTECTION DU CONSOMMATEUR

Deborah PLATT MAJORAS, Procter & Gamble: Competition perspectives from a chief legal officer and former U.S. enforcer

1. You have had an incredibly successful and diverse career, having been a partner at Jones Day, Principal Deputy Assistant Attorney General at the U.S. Department of Justice (“DOJ”), Chairman of the U.S. Federal Trade Commission (“FTC”), and most recently, Chief Legal Officer at Procter & Gamble. What led to your career in antitrust and consumer protection? Has your perspective on antitrust and consumer protection issues changed as you assumed new roles and, if so, how?

2. You are the only person to have served as both Chairman of the FTC and as Principal Deputy Assistant Attorney General at DOJ. Based on your experience, what are the advantages and disadvantages of each institution? Does the U.S. need two antitrust agencies?

3. One of the stated disadvantages of having two antitrust agencies with largely concurrent jurisdiction is clearance disputes over which agency will review a given matter. What did you do to avoid clearance fights? Has the situation become more or less prevalent since you left government?

4. One of the first actions of the Obama Administration DOJ was to withdraw the Bush Administration’s report on Section 2 unilateral conduct matters. Do you think that today there is more or less convergence on the scope and approach to unilateral conduct, both domestically and internationally?

5. As Chairman of the FTC, you wrote a vigorous dissent against expanding the scope of the FTC Act’s Section 5 unfair competition jurisdiction to conduct that extended beyond the Sherman Act. In several recent high-profile cases, however, the FTC has expanded the scope and application of Section 5’s unfair competition prong. What are your thoughts on this development and what impact does it have on the advice in-house counsels give their companies?

6. Your career has been noteworthy for your active involvement in technology matters, having negotiated the Microsoft consent decree at DOJ and leading the review of key tech cases at the FTC, such as in the online advertising industry. Are the antitrust and consumer protection laws suited to take account of the ever-changing technology landscape?

7. You currently serve as Chief Legal Officer at Procter & Gamble (“P&G”), a multinational corporation that sells products in over 180 countries around the world. How do you assure that the company is in compliance with the myriad competition laws, some of which may even contradict each other?

8. One of your significant achievements at P&G is the creation of a best-in-class compliance program. What do you think about the approach of the European Union and U.S. antitrust agencies to compliance programs when they decide whether to take enforcement actions or offer penalty reductions?

9. Most of your career has been focused specifically on the practice of antitrust law. As Chief Legal Officer of P&G, however, your portfolio extends to many other issues, such as ethics, compliance, and securities, to name a few. Has the practice of antitrust law informed your practice in these other legal disciplines and, if so, how? What lessons from these other legal disciplines would help antitrust lawyers?

10. Specifically, you have frequently spoken on the intersection between competition and consumer protection issues. What is your view about the relationship between the two areas of law? What lessons can consumer protection provide antitrust practitioners?

11. What do you consider your most significant professional achievement?

Interview conducted by Brian Huseman, Amazon, Washington.

2010 to present Chief Legal Officer and Secretary, Procter & Gamble, Cincinnati, OH 2008-2010 Senior Vice President and General Counsel, Procter & Gamble, Cincinnati, OH 2004-2008 Chairman, U.S. Federal Trade Commission, Washington, DC 2001-2003 Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice, Washington, DC 1991-2001 Associate (1991) and then, Partner (1999), Jones Day, Washington, DC 1989-1991 Law Clerk, Hon. Stanley S. Harris, U.S. District Court for the District of Columbia, Washington, DC Deborah Platt Majoras: Competition perspectives from a chief legal officer and former U.S. enforcer You have had an incredibly successful and diverse career, having been a partner at Jones Day, Principal Deputy Assistant Attorney General at the

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Deborah Platt Majoras, Deborah PLATT MAJORAS, Procter & Gamble: Competition perspectives from a chief legal officer and former U.S. enforcer, December 2012, Concurrences Review N° 4-2012, Art. N° 49207, pp. 8-11

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