5/13. The European Commission announced in a release that it has imposed both a fine and an injunction on US chipmaker Intel.

The EC stated that it "has imposed a fine of €1 060 000 000 on Intel Corporation for violating EC Treaty antitrust rules on the abuse of a dominant market position (Article 82) by engaging in illegal anticompetitive practices to exclude competitors from the market for computer chips called x86 central processing units (CPUs)."

The EC stated that "Intel engaged in two specific forms of illegal practice. First, Intel gave wholly or partially hidden rebates to computer manufacturers on condition that they bought all, or almost all, their x86 CPUs from Intel. Intel also made direct payments to a major retailer on condition it stock only computers with Intel x86 CPUs. Such rebates and payments effectively prevented customers - and ultimately consumers - from choosing alternative products."

"Second, Intel made direct payments to computer manufacturers to halt or delay the launch of specific products containing competitors’ x86 CPUs and to limit the sales channels available to these products. The Commission found that these practices constituted abuses of Intel’s dominant position on the x86 CPU market that harmed consumers throughout the EEA. By undermining its competitors’ ability to compete on the merits of their products, Intel's actions undermined competition and innovation."

See also, story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007.

This will benefit Intel's competitors, including Advanced Micro Devices (AMD), as well as the EC, which collects substantial revenues from US companies in its antitrust proceedings. The EC asserts that the business practices targeted by the EC have harmed consumers by limiting their choice of products.

Also, Nellie Kroes, the EC Competition Commissioner, released a statement in Brussels on May 13 regarding this latest action.

Kroes (at left) said that the EC "has ordered Intel to cease the illegal practices immediately, to the extent that they are still ongoing, and to refrain from these and any equivalent practices in the future. The Commission will be monitoring Intel’s compliance closely."

For more on Kroes, see stories titled "Kroes Discusses EC's Global Regulation Goals" in TLJ Daily E-Mail Alert No. 1,722, February 25, 2008, and "Kroes Asserts that EC Antitrust Enforcement is Not Socialist" in TLJ Daily E-Mail Alert No. 1,740, April 1, 2008.

The EC has also penalized and regulated Microsoft for its single firm conduct. See for example, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004; "European Court of First Instance Rejects Key Parts of Microsoft's Appeal" in TLJ Daily E-Mail Alert No. 1,639, September 14, 2007; and "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2007.

The EC has aggressively pursued both Microsoft and Intel for single firm conduct that the US DOJ and FTC have not pursued. This reflected a sharp divide between the US and EC that sometimes spilled over into public speeches by government officials.

However, on May 11, 2009, Christine Varney, head of the US Department of Justice's (DOJ) Antitrust Division announced the withdrawal of the DOJ's September 2008 report on single firm conduct. This signaled an end to the divide between the US and the EC on approaches to single firm conduct. See, related story in this issue titled "Varney Reverses DOJ Policy Regarding Single Firm Conduct".

Both Intel and Microsoft are US companies. Moreover, the main beneficiaries of the EC's actions against Intel and Microsoft are US companies. There still remains the issue of why the EC is acting as the de facto antitrust regulator of these US companies, and asserting and establishing itself as a de facto global antitrust regulator.

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "a convincing picture has emerged revealing that Intel's actions were unquestionably strategically premeditated to be anti-competitive and willfully illegal."

He continued that "U.S. regulatory agencies have indicated this week they will once again be watchdogs on antitrust enforcement under the new Administration. Since the evidence has been compelling to all those who so far reviewed it, a vigorous US investigation focused on the evidence in the case leaves us believing Intel will have its day of reckoning in the US as well."

The American Antitrust Institute (AAI), an advocate of government antitrust actions against Microsoft and Intel, released a paper [12 pages in PDF] on May 12 titled "Wintel Under the Antitrust Microscope: A Comparison of the European Intel Case with the U.S. Microsoft Cases".

5/12. Christine Varney, the recently confirmed Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division gave a speech in Washington DC on May 11 in which she withdrew the DOJ's September, 8, 2008, report titled "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act".

See also, PDF version [215 pages] of the withdrawn report, and Varney's parallel speech of May 12, 2009.

She said, "I hereby withdraw the Section 2 Report by the Department of Justice. Thus, effective today, May 11, 2009, the Section 2 Report no longer represents the policy of the Department of Justice with regard to antitrust enforcement under Section 2 of the Sherman Act. The Report and its conclusions should not be used as guidance by courts, antitrust practitioners, and the business community."

This announcement demonstrates that DOJ antitrust policy fluctuates with election outcomes.

Also, this announcement may reflect an end to, or decrease of, the divide between the US and the EC over approaches to single firm conduct.

Varney's speech may also signal that there will be increased opportunities for companies to seek advantages over their competitors through regulatory proceedings.

Varney withdrew the entire 215 page report, including those sections that did not generate opposition or criticism. Moreover, the DOJ did not issue a new report, guidance or other document to replace it.

She said that interested persons must now turn for guidance to court opinions, including Lorain Journal v. US, 342 U.S. 143 (1951), Aspen Skiing v. Aspen Highlands Skiing, 472 U.S. 585 (1985), and US v. Microsoft, 253 F.3d 34 (DCCir en banc 2001).

These opinions provide only limited guidance regarding the business practices of new technology based companies.

For a summary of the 2008 report, and the divide between the US and EU, see stories titled "Antitrust Division Releases Report on Single Firm Conduct", "Summary of Single Firm Conduct Report", "Three FTC Commissioners Criticize Single Firm Conduct Report", and "Select TLJ Articles Related to the US-EC Divergence on Single Firm Conduct" in TLJ Daily E-Mail Alert No. 1,827, September 17, 2008.

Section 2 of the Sherman Act, which is codified at 15 U.S.C. § 2, provides that "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court."

This section provides little guidance as to what conduct is prohibited. Nevertheless, it is the section that the Antitrust Division uses to address single firm conduct.

Single firm conduct does not include anti-competitive acts that involve multiple firms, such as price fixing, market allocation, and anti-competitive mergers and acquisitions. It does include actions such as tying, bundled discounts, refusals to deal, and predatory pricing. These are all issues of particular importance in the technology sector.

Varney stated in her May 11 speech that the DOJ "will have the opportunity to explore vertical theories and other new areas of civil enforcement, such as those arising in high-tech and Internet-based markets. Increasingly, Americans are relying on high-tech solutions in the home and the workplace and enjoying the fruits of innovation in those markets that have been spurred on by competition between rival firms."

"We thus plan to devote attention to understanding the unique competition-related issues posed by these markets. In the past, the Antitrust Division was a leader in its enforcement efforts in technology industries, and I believe we will take this mantle again. In so doing, I am cognizant that we must find the right balance to ensure that when intellectual property is at issue, competition is not thwarted through its misuse or illegal extension", said Varney.

Jonathan Liebowitz, the Chairman of the Federal Trade Commission (FTC), another US antitrust enforcement agency, criticized the 2008 report when it was released. See, story titled "Three FTC Commissioners Criticize Single Firm Conduct Report" in TLJ Daily E-Mail Alert No. 1,827, September 17, 2008. The FTC and DOJ appear to be in agreement.

The FTC is handling antitrust allegations related to Intel. The DOJ is handling antitrust matters related to Microsoft.

FCC. There is, however, a third US antitrust enforcer in the context of information and communications technologies -- the Federal Communications Commission (FCC). See, story titled "Commentary: Single Firm Conduct and the FCC", also in TLJ Daily E-Mail Alert No. 1,827.

Its antitrust merger reviews are not single firm conduct proceedings.

However, some of its adjudications, such as its August 1, 2008, order [67 pages in PDF] regarding Comcast's network management practices (NMPs) possess attributes of an order in a single firm conduct antitrust enforcement action.

For example, the FCC concluded in that order that Comcast's NMPs pose "significant risks of anticompetitive abuse".

See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, Monday, August 4, 2008.

The FCC issued no public reaction to the DOJ's 2008 report. It issued no reaction to Varney's withdrawal of the report. The FCC issues no regulations, guidances, or reports to explain its rules, policies or views on single firm conduct, or other antitrust matters. It operates in a fog of regulatory intransparency.

Thus, this article offers no analysis of the possible effects of Varney's announcement on the future FCC adjudications involving single firm conduct.

Reaction. Ed Black, head of the Computer and Communications Industry Association (CCIA), a long time critic of Microsoft's and Intel's business practices, and the Bush administration's antitrust policies, praised Varney's speech.

He stated in a release that "we have a new sheriff in town."

He elaborated that "Antitrust enforcement, particularly in relation to monopolistic actions and dominant firm conduct, was virtually ignored in the last administration. It is refreshing to see Christine Varney appointed to head up the Justice Department’s antitrust efforts. The fact that she took such swift action to retract a deeply flawed report is definitely a positive omen."

He continued that "The EU and the US operated in similar ways in the 90's, but the US at the beginning of the last administration really took a detour. This left the EU to take the lead on actively investigating new antitrust cases including those against big US tech companies like Intel and IBM. The impending European ruling against Intel illustrates how other jurisdictions have had to fill the enforcement void, even when anti competitive behavior was blatant. If US regulators promptly step up our own antitrust investigation of Intel, which the FTC initiated last year after other jurisdictions had taken serious notice of Intel’s bad behavior, it would be a signal to the world that the US is back on the beat."

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The House will meet at 12:30 PM for morning hour debate. It will meet at 2:00 PM for legislative business. It will consider several items under suspension of the rules, including HR 2020 [LOC | WW], the "Networking and Information Technology Research and Development Act of 2009". Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of May 11.

8:00 AM - 6:00 PM. Day one of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Page 18737. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:15 AM - 5:00 PM. Day one of a two day meeting of the Social Security Administration's (SSA) Future Systems Technology Advisory Panel (FSTAP). The FSTAP seeks public written or oral comments regarding the "SSA's systems in the area of Internet application". See, notice in the Federal Register, April 21, 2009, Vol. 74, No. 75, at Page 18273. Location: Westin Alexandria, 400 Courthouse Square, Alexandria, VA.

9:30 AM - 1:15 PM. The DC Bar Association will host an event titled "Essential Checklist for Electronic Discovery". The speakers will include John Facciola, (U.S. District Court), Conrad Jacoby (efficientEDD), and Courtney Barton (Crowell & Moring). The price to attend ranges from $89 to $129. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nomination of Cass Sunstein to be Administrator of the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs. See, notice. Location: Room 342, Dirksen Building.

11:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of Julius Genachowski to be Chairman of the Federal Communications Commission (FCC). Location: Room 253, Russell Building.

1:30 PM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing. The witness will be Janet Napolitano, Secretary of Homeland Security. The HAC will webcast this event. Location: Room 2359, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Marius Schwartz (Georgetown University) and Yongmin Chen (University of Colorado at Boulder) on their paper titled "Product Innovation Incentives: Monopoly vs. Competition". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Gerard Lynch (to be a Judge of the U.S. Court of Appeals for the 2nd Circuit) and Mary Smith (to be Assistant Attorney General in charge of the Tax Division). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

3:00 - 5:00 PM. The Center for Democracy and Technology (CDT) will host two panel discussions titled "Privacy and Analytics on Government Web Sites". Location: CDT, 11th floor, 1634 Eye St., NW.

EXTENDED FROM MAY 4. 5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) in response to their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884, and notice of extension in the Federal Register, Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19108.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host an event titled "The Future of Broadcast Spectrum -- Opportunities and Challenges". The first panel will be titled "Spectrum for all?". The speakers will be Bryan Tramont (Wilkinson Barker Knauer), David Donovan (Association for Maximum Service Television), Gigi Sohn (Public Knowledge), Dean Brenner (Qualcomm), and Mark Lipp (Wiley Rein). The second panel is titled "Is there a consumer demand for the proposed use of the spectrum?" The speakers will be Bryan Tramont, Lynn Claudy (NAB and Ion Media/Urban Television), and Wayne Leighton (Empiris). The price to attend ranges from $25 to $150. See, notice. Location: Wiley Rein, 1776 K St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of May 11.

8:00 AM - 6:00 PM. Day two of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Page 18737. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

8:45 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "Who Pays for the News: Media Business Models and the Role of Philanthropy". The keynote speaker will be Sen. Ben Cardin (D-MD). The panel speakers will be Steve Coll (NAF), Paul Glastris (Washington Monthly), Alex Jones (Joan Shorenstein Center on the Press, Politics and Public Policy), Jeffrey Leonard (Global Environment Fund), Douglas McGray (NAF), and John Thornton (Austin Ventures). See, notice and registration page. Location: NAF, 4th floor, 1899 L St., NW.

8:30 AM - 12:00 NOON. Day two of a two day meeting of the Social Security Administration's (SSA) Future Systems Technology Advisory Panel (FSTAP). The FSTAP seeks public written or oral comments regarding the "SSA's systems in the area of Internet application". See, notice in the Federal Register, April 21, 2009, Vol. 74, No. 75, at Page 18273. Location: Westin Alexandria, 400 Courthouse Square, Alexandria, VA.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "The President's FY 2010 Budget Request for the Department of Homeland Security". The witness will be Janet Napolitano, Secretary of Homeland Security. See, notice. The HHSC will webcast this event. Location: Room 311, Cannon Building.

10:15 AM. The House Judiciary Committee (HJC) will meet to mark up several bills, including HR 848 [LOC | WW], the "Performance Rights Act", and HR 2344 [LOC | WW], the "Webcaster Settlement Act of 2009". These bills are the first and second items on the agenda. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "Representing Communications Companies in Bankruptcy". The speakers will include Stewart Block (FCC Office of the General Counsel). For more information, contact Marc Knox at mknox at wbklaw dot com. The FCBA has a history of excluding persons from its lunches. Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Agriculture will hold a hearing. The witness will be Tom Vilsack, Secretary of Agriculture. The Rural Utilities Service (RUS), which administers broadband grants, is a part of the Department of Agriculture. The HAC will webcast this event. Location: Room 2362-A, Rayburn Building.

2:00 PM. The Senate Banking Committee (SBC) will hold a hearing on several pending nominations, including Francisco Sanchez to be Under Secretary for International Trade at the Department of Commerce. See, notice. Location: Roomo 538, Dirksen Building.

2:30 PM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nomination of David Heyman to be Assistant Secretary of Homeland Security. See, notice. Location: Room 342, Dirksen Building.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding its review of U.S. equipment industry access to the European Community's Galileo program and European markets for related goods and services. See, notice in the Federal Register, April 15, 2009, Vol. 74, No. 71, at Pages 17548-17549.

Deadline to submit comments to the National Science Foundation (NSF) in response to its notice of proposed rulemaking (NPRM) regarding amendments to its Freedom of Information Act (FOIA) rules. See, notice in the Federal Register: April 13, 2009, Vol. 74, No. 69, at Pages 16815-16823.

Deadline to submit comments to the Office of Science and Technology Policy (OSTP) in response to President Obama's March 9, 2009, memorandum regarding "Scientific Integrity". See, notice in the Federal Register, April 23, 2009, Vol. 74, No. 77, at Pages 18596-18597.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of May 11.

8:00 AM - 1:30 PM. Day three of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Page 18737. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., SW.

9:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee (DPIAC) will meet. The DPIAC will hear presentations on the US VISIT and e-Verify programs, and deliberate and vote on a draft white paper on DHS Information Sharing and Access Agreements. This event is open to the public. See, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Pages 17875-17876. Location: Capitol Ballroom, JW Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:00 AM - 5:00 PM. Day one of a two day meeting of the National Aeronautics and Space Administration's (NASA) National Space-Based Positioning, Navigation and Timing Advisory Board. See, notice in the Federal Register, April 30, 2009, Vol. 74, No. 82, at Page 19999. Location: Embassy Suites Hotel at Chevy Chase Pavilion, 4300 Military Road, NW.

9:30 AM - 5:00 PM. The Free Press (FP) will host an event titled "Free Press Summit: Changing Media". The speakers will include Michael Copps, Susan Crawford, Jessica Rosenworcel (Senate Commerce Committee staff), Michael Powell, Reed Hundt, Ram Shriram, and Ben Scott (FP). This event is free and open to the public. See, FP notice and registration page. Location: Newseum, 6th Street and Pennsylvania Ave., NW.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing. The sole witness will be Eric Holder, the Attorney General. See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Hearing on Investment Protections in U.S. Trade and Investment Agreements". See, notice. Location: Room 1100, Longworth Building.

12:30 - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Smart Roads, Smart Cars: How IT is Transforming Transportation". The speakers will be Rob Atkinson (ITIF), Rep. Mike Rogers (R-MI), Scott Belcher (Intelligent Transportation Society America), and Jonathan Gifford (George Mason University). See, notice. Location: Congressional Meeting Room -- South, Capitol Visitor Center.

12:30 PM. The Judicial Watch (JW) will host a panel discussion regarding proposals to re-impose the Federal Communications Commission's former regulatory regime known as the "Fairness Doctrine". The speakers will include Rep. Mike Pence (R-IN), Richard Riley (Wiley Rein), Jerald Fritz (Allbritton Communications), and Tom Fitton (JW). For more information, contact Jill Farrell at 202-646-5188 or jfarrell at judicialwatch dot org. Location: National Press Club, 13th Floor, 529 14th St. NW.

2:00 - 4:00 PM. The House Science Committee (HSC) will hold a hearing titled "An Overview of the Federal R&D Budget for FY 2010". Location: Room 2318, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a seminar by John Thanasoullis (Oxford University) on his paper [41 pages in PDF] titled "Upstream Competition and Downstream Buyer Power". Location: FTC Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Privacy and Data Security Committees will host an event titled "Privacy across Platforms: Rules of the Road and Emerging Issues". The first panel will address "privacy regimes applying in the cable, VOIP, wireline, and wireless worlds". The speakers will be Matthew Brill (Latham & Watkins), Christopher Harvie (Mintz Levin), and Barry Ohlson (Wilkinson Barker Knauer). The second panel will address "online behavioral advertising and social networking" and other emerging privacy issues. The speakers will be Jerry Cerasale (Direct Marketing Association), Mamie Kresses (FTC's Bureau of Consumer Protection), Edward Palmieri (Sprint Nextel), and Jules Polonetsky (Future of Privacy Forum). The price to attend is $150. See, notice. Location: Sidley Austin, 1501 K St., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of May 11.

9:00 AM - 1:00 PM. Day two of a two day meeting of the National Aeronautics and Space Administration's (NASA) National Space-Based Positioning, Navigation and Timing Advisory Board. See, notice in the Federal Register, April 30, 2009, Vol. 74, No. 82, at Page 19999. Location: Embassy Suites Hotel at Chevy Chase Pavilion, 4300 Military Road, NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch titled "The FCC and NTIA’s Boulder Labs: What They Do, How They Differ, How To Use Them". The speakers will be Rashmi Doshi (Chief of the FCC's Office of Engineering and Technology's Laboratory Division), Edward Drocella (Chief of the NTIA's Spectrum Engineering & Analysis Division), Mitchell Lazarus (Fletcher Heald & Hildreth), and Al Vincent (Director of the NTIA's Institute for Telecommunications Services). For more information, contact Tami Smith at tsmith07 at sidley dot com or 202-736-8257. Location: Sidley Austin, 1501 K St., NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in connection with its third set of hearings on "The Evolving Marketplace for Intellectual Property", on March 18 and 19, 2009. See, notice.

9:30 AM - 5:30 PM. The Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) will hold a hearing regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270. Location: Montpelier Room, Library of Congress, James Madison Building, 6th Floor, 101 Independence Ave., SE.

5:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) regarding certain digital television Distributed Transmission System (DTS) projects. See, original notice in the Federal Register, October 20, 2008, Vol. 73, No. 203, at Pages 62258-62259; further notice in the Federal Register, December 9, 2008, Vol. 73, No. 237, at Page 74709; and the FCC's DTS Report and Order [56 pages in PDF], adopted on November 3, 2008, and released on November 7, 2008, FCC 08-256 in MB Docket No. 05-312.

5:00 PM. Extended deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for the Public Telecommunications Facilities Program (PTFP) replacement digital television translator projects. See, notice in the Federal Register, January 30, 2009, Vol. 74, No. 19, at Pages 5643-5644.

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) and other government agencies titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. Location: NIST, Building 101/Green Auditorium, 100 Bureau Drive, Gaithersburg, Maryland.

Extended deadline to submit applications to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) for grants under the Public Telecommunications Facilities Program (PTFP). The Omnibus Appropriations Act, 2009, Public Law No. 111-8, appropriated $18 Million for the PTFP. See, notice in the Federal Register, April 8, 2009, Vol. 74, No. 66, at Page 15943.

10:30 AM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar by Luke Froeb (Vanderbilt University) on his paper titled "An Equilibrium Analysis of Antitrust as a Solution to the Problem of Patent Hold-Up". He is an economist, and a former Director of the FTC's BOE. Location: FTC, Conference Room A, New Jersey Ave. Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Luke Froeb (Vanderbilt University) on his paper titled "An Equilibrium Analysis of Antitrust as a Solution to the Problem of Patent Hold-Up". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Discount Pricing Consumer Protection Act: Do We Need to Restore the Ban on Vertical Price Fixing?". Sen. Herb Kohl (D-WI) will preside. See, notice. Location: Room 226, Dirksen Building.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) and other government agencies titled "Safeguarding Health Information: Building Assurance through HIPAA Security". See, notice. Location: NIST, Building 101/Green Auditorium, 100 Bureau Drive, Gaithersburg, Maryland.