CEO and Chairman Martha Samuelson Joins ABA Webinar on the Meaning and Impact of Brown Shoe

March 5, 2024

CEO and Chairman Martha S. Samuelson participated alongside other antitrust experts in the webinar “Antitrust in Our Age – The Meaning and Significance of Brown Shoe,” hosted by the American Bar Association (ABA) Antitrust Law Section. The historic 1962 Supreme Court decision in Brown Shoe Co., Inc. v. United States – which held a merger of shoe companies unlawful even though it would have lowered prices – addressed a range of issues, including market definition, effects analysis, and the core purpose of competition and consumer protection law. In the webinar, panelists discussed the various interpretations and legacy of this landmark case.

The discussion opened with each panelist giving their opinion on how antitrust practitioners should consider Brown Shoe today. They then discussed the case in the context of modern market definition, the analysis of anticompetitive effects in vertical mergers, and the trend toward concentration in the economy and its impact on smaller market participants. Ms. Samuelson considered whether the court’s decision fit the facts of the case, as well as whether indicia-based tools are a robust alternative to analytical frameworks grounded in economic models. The webinar ended with closing remarks, during which the participants shared their thoughts on the continuing relevance of Brown Shoe in modern antitrust law.

Ms. Samuelson was joined by moderator Daniel Francis (NYU School of Law) and co-panelists Susan Athey (US Department of Justice), Rohan Kochikar Pai (Federal Trade Commission), and Richard G. Parker (Milbank).

Watch the webinar (paywall)