Curriculum-vitae

Steven Semeraro

Principal, Kensington Antitrust Advisors Group

Professor of Law, Thomas Jefferson School of Law

EDUCATION

 

1984-1987       Stanford Law School, J.D. with Distinction

 

Positions: Editor-in-chief, Volume 6, Stanford Environmental Law Journal; President, Sergeants-at-Law Trial Advocacy Group.   

 

Honors:Best Brief, 1987 Kirkwood Moot Court Competition; Olaus and Adolph Murie Award (Second Prize) in Writing on Law and the Environment; R. Hunter Summers Trial Practice Award.

 

1980-1984       Rutgers College, B.A. in History with Highest Honors

 

 

PUBLICATIONS

 

“The Reverse-Robin-Hood-Cross-Subsidy Hypothesis:  Do Credit Card Systems Effectively Tax the Poor to Reward the Rich?” (forthcoming 2009 Rutgers Law Journal)

 

“The Antitrust Economics (and Law) of Surcharging Credit Card Transactions” (forthcoming 2009 Stanford Journal of Law, Business & Finance)

 

“The Competitive Benefits of Credit Card Merchant Restraints: A Response to Professor Levitin” (forthcoming 2009 Discourse: On-line Supplement to the UCLA Law Review”

 

“Sweet Land of Property?: The History, Symbols, Rhetoric, and Theory Behind the Ordering of the Rights to Liberty and Property in the Constitutional Lexicon,” 60 S.C. L. Rev. __ (forthcoming fall 2008)

 

“Credit Card Interchange Fees: Debunking Six Myths,” 27 Banking and Financial Services Policy Report 1 (February 2008)

 

“Enforcing Fourth Amendment Rights Through Federal Habeas Corpus,” 34 Search & Seizure L. Rep. 49 (2007)

 

“Credit Card Interchange Fees: Three Decades of Antitrust Uncertainty,” 14 Geo. Mason L Rev. 941 (2007)

 

Enforcing Fourth Amendment Rights Through Federal Habeas Corpus,@ 58 Rutgers L. Rev. 983 (2006)

 

Two Theories of Habeas Corpus, 71 Brooklyn L. Rev. 1235 (2006)

 

A Reasoning Process Review Model For Federal Habeas Corpus, 94 J. Crim. L. & Crim 897 (2004)

 

Reconfirming Habeas Corpus; Reviewing Eric M. Freedman=s Habeas Corpus: Rethinking the Great Writ of Liberty,H-Net: Humanities & Social Sciences at http://www.h‑net.org/reviews/showrev.cgi?path=320571079248061 (2004), reprinted  27  Thomas Jefferson L. Rev. 317 (2005)

 

Forced Sharing, Efficiency, and Fairness: An Examination of the Essence of Antitrust, 52 Kan. L. Rev. 57 (2003)

 

Speta on Antitrust and Local Competition Under the Telecommunications Act: A Comment Respecting the Accommodation of Antitrust and Telecom Regulation, 71 Antitrust L.J. 147 (2003)

 

 

An Essay on Property Rights in Milestone Homerun Baseballs, 56 So. Meth. U.L. Rev. 2281 (2003)

 

The Antitrust-Telecom Connection, 40 San Diego L. Rev. 555 (2003)

 

Regulating Information Platforms: The Convergence to Antitrust,1 J. on Telecomm. & High Tech. L. 143 (2002)

 

Responsibility in Capital Sentencing, 39 San Diego L. Rev. 79 (2002)

 

From Blueprints to Baseball: A Survey of Current Baseball Stadium Financing Projects B San Diego, 34 Urban Lawyer 389 (2002)

 

Criminal Law: Substantive Criminal Law and Criminal Procedure, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, 6.31.2.4 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net)(with Marjorie Cohn & Ruth B. Philips)

 

Telecommunications Law: The United States Model for Economic Regulation of Telecommunications Providers, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, 6.31.2.9 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net)

 

Allocating Frequencies on the Electromagnetic Spectrum, e:pub, The Online Publication of the Center for Law, Technology and Communications at Thomas Jefferson School of Law (Jan. 2001)

 

Demystifying Antitrust State Action Doctrine, 24 Harv. J.L. & Public Policy 203 (2000)

 

Government Enforcement of the Antitrust Laws, 47th Annual American Bar Association Antitrust Section Spring Meeting (Apr. 14, 1999)

 

“Abortion Clinic Protest and the First Amendment,” 8 St. Louis University Public Law Review 221 (1993) (with Larry Eisenstein)

 

“Antitrust Fundamentals: Immunities and Exemptions,” 38th Annual American Bar Association Antitrust Section Spring Meeting (March 21, 1990 & updated October 1990 and March 1991) (with Jim Atwood)

 

“The Process of Death: Reflections On Capital Punishment Issues In The Tenth Circuit Court Of Appeals,” 66 Den. U.L. Rev. 563 (1989)

 

“Distinguishing International From Domestic Predation: A New Approach To Predatory Dumping,” 23 Stan. J. Int’l. L. 621 (1987)

 

“Toward An Optimal System of Successor Liability For Hazardous Waste Cleanup,” 6 Stan. Env. L.J. 226 (1987)

 

Referee

 

Oxford University Press, “Terror and Tyranny: Preventive Detention in the age of Jihad” (2008)

 

University of the Pacific: McGeorge School of Law, outside scholarship review for faculty promotion (2008).

 

SCRIPT-ed ~ A Journal of Law, Technology & Society, published under the auspices of SCRIPT, the AHRC Research Centre for Studies in Intellectual Property and Technology Law at the University of Edinburgh, “Telecommunications Mergers in Korea” (2007).

 

Advocacy & Policy Consulting

 

United States Senate, Committee on the Judiciary, Consultant re: Credit Card Interchange Fees (2008)

 

Brief of Law Professors as Amici Curiae Supporting Respondent, Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, U.S. Sup. Ct. (2003)

OP EDS & LETTERS

Getting an Earful of Earmarks, LA Daily Journal (September 16, 2008)

 

Political campaigns and the attack ad, San Diego Union-Tribune (Oct. 31, 2002)

 

Where has our freedom gone?, San Diego Union-Tribune (May 4, 2001)

 

Here’s a way to cut rates fairly for all, Philadelphia Inquirer (April 15, 2001)

 

The Myth of a Certain Vote Count, the Jurist at http://jurist.law.pitt.edu/election2000.htm (Nov. 2000)

 

Time for Reform of Death Penalty, Natinal L.J., p. A17 (July 24, 2000)

 

“Wilmer, Cutler Case No Help for Victims,” Legal Times, Vol. 28, No. 24 at 20 (November 13, 1989)

 

“Readers Reply to Crew on Matsushita,Antitrust, Winter 1987, at 48

 

PRESENTATIONS

 

“Recent Issues Concerning Capital Punishment,” National Lawyers Guild, Thomas Jefferson School of Law Chapter (February 2008)

 

Antitrust Challenge to Credit Card Interchange Fees,@ 7thAnnual Loyola Antitrust Colluquium, Loyola University of Chicago School of Law, Institute for Consumer Antitrust Studies (April 13, 2007)

 

Indirect Purchaser Antitrust Suits Under State Law,@ Legal Research Network on-line presentation (July 2006)

 

Who Owns the Milestone Home Run Baseball,@ presented at the Thomas Jefferson School of Law (October 2003)

 

Big Media Mergers and Consumer Welfare,@ presented at The Faculty of Law at Queen=s University (November 2002)

 

Recent Issues in U.S. Death Penalty Law,@ presented at The Faculty of Law at Queen=s University (November 2002)

 

The Great Writ of Habeas Corpus and the Death Penalty Conference,@ presented at the Thomas Jefferson School of Law Center for Law and Social Justice (November 7, 2002) (commenting on Eric Freedman=s Habeas Corpus: Rethinking the Great Writ of Liberty)

 

Regulating Information Platforms: The Convergence to Antitrust,@ presented at the University of Colorado School of Law (January 27, 2002)

 

The Case for Re-voting in Close Elections,@ presented at Thomas Jefferson School of Law (November 2000)

 

A Responsibility Theory for Death Penalty Law,@ presented at Thomas Jefferson School of Law (October 2000)

The Antitrust Enforcement Agencies,@ 47th Annual American Bar Association Spring Meeting, Antitrust Section, April 15, 1999, Washington, D.C.

“Technology Standards, Intellectual Property, and Antitrust,” presented at the American Intellectual Property Law Association, 1996 Spring Meeting, Boston, Massachusetts

 

“Overcoming the Noerr/Pennington Defense to Antitrust Prosecutions,” presented at the United States Department of Justice, Antitrust Division, Washington, DC, June 30, 1994

 

“The Use of Civil Rights Statutes To Enjoin Abortion Clinic Blockades,” presented at American University, Washington, DC, October 24, 1991

 

“A Proposal To Reform Procedural Default Rules In Federal Habeas Corpus Proceedings,” presented to the American Bar Association Committee On Habeas Corpus Reform, Atlanta, GA, August 31, 1989

 

 

LAW TEACHING EXPERIENCE

 

1999-Present   Associate Dean For Academic Affairs and Associate  Professor of Law, Thomas Jefferson School of Law B Antitrust, Civil Procedure, Criminal Law, Death Penalty Law, Health Care & Competition Law, Intellectual Property & Competition Law, Property, Telecommunications Law

 

1998                Adjunct Professor, Georgetown University Law School C

Telecommunications  Law

 

1995-97          Instructor, Legal Methods Program, Washington College of Law, American University, a full-term and graded first-year course, focusing on civil and criminal procedure, legal ethics, legal writing, and oral advocacy.

 

1990-93          Instructor, Introduction To Legal Reasoning, Washington, DC, summer program for students entering law school C taught classes on criminal law, torts, and property.

 

1990, 93          Instructor, District of Columbia Street Law Program, a program designed to teach basic legal principles and lawyering skills to high school students C taught classes on property, criminal law, and trial advocacy skills.

 

 

BAR ADMITTANCE

 

State:  New York, Admitted January 1989; District of Columbia, Admitted August 31, 1989.

 

Federal: United States Court of Appeals For The Fifth Circuit, Admitted August 5, 1990; United States District Court For The District of Columbia, Admitted January 7, 1991.

 

LEGAL PRACTICE EXPERIENCE

 

1994-97           Trial Attorney, Civil Task Force, Antitrust Division,

United States Department of Justice. Lead attorney on major investigations of the credit card and compact disc technology industries.  Investigating and prosecuting complex civil antitrust cases primarily in intellectual-property-related areas.

 

1995-96           Special Assistant United States Attorney, United States  Attorney’s Office For the Eastern District of Virginia. Prosecuted federal criminal cases at the grand jury, trial and appellate levels.

 

1988-94           Associate, Covington & Burling, Washington, DC. Litigated in the state and federal courts, primarily at the appellate level, in the areas of antitrust, regulated industries, criminal (white collar, Criminal Justice Act, death penalty defense, and habeas corpus), insurance, and intellectual property. Advised clients primarily on antitrust issues.

 

1987-88           Judicial Clerk for The Honorable Stephanie K. Seymour,

United States Court of Appeals For the Tenth Circuit.

 

 

Group Member Bios

Kensington Antitrust Advisors Group

Steven Semeraro, Principal Member

Steve Semeraro - Antitrust AdvisorSteven Semeraro, a graduate of the Stanford Law School and a tenured, full professor at the Thomas Jefferson School of Law in San Diego, CA, has more than 20 years experience as an antitrust lawyer and consultant. After studying under William Baxter at Stanford, Professor Semeraro joined the law firm of Covington & Burling where he handled a variety of antitrust litigation and advicing matters for major clients including Armstrong World Industries, Exxon, Florida Power & Light, Montgomery Ward Department Stores, and Warner Lambert. In 1994, he moved to the United States Department of Justice, Antitrust Division, where he served as lead attorney on investigations of the optical disc technology and credit card industries.  In 1999, Professor Semeraro joined the faculty of the Thomas Jefferson School of Law where he has taught antitrust and related courses.  His articles have appeared in respected legal publications including the Antitrust Law Journal, the Harvard Journal of Law & Public Policy, the Banking & Financial Services Policy Report, the George Mason Law Review, the San Diego Law Review, the Stanford Journal of Law, Business & Finance, and the Stanford Journal of International Law. He has also authored two U.S. Supreme Court amicus curea briefs in major antitrust cases: Verizon v. Trinko (on behalf of the law professor community) and Brooke Group v. Brown & Williamson (on behalf of ITT Corporation).

Currently, Professor Semeraro serves as a reviewer for the Oxford Press and SCRIPT-ed ~ A Journal of Law, Technology & Society published by the University of Edinburgh.  He consults regularly for LRN, Inc. and VisataResearch on antitrust matters and serves as the antitrust expert on LRN’s Ethics and Compliance Alliance’s panel of experts and VistaResearch’s Society of Industry Leaders.

Yuliya Ivanov, Group Associate

Yuliya IvanovYuliya Ivanov graduated summa cum laude from Thomas Jefferson School of law in 2007, where she was named to the Honor Roll and Distinguished Honor Roll and was a member of the Thomas Jefferson Law Review, and Mock Trial Team. As a student at Thomas Jefferson, Ms. Ivanov received a Fellowship from the Law and Social Justice Center for Academic Excellence and was featured in “Who’s Who in American Law Schools” and several “The National Dean’s List” publications. After being admitted to the California Bar in 2007, Ms. Ivanov practiced in the area of general civil litigation at La Bella & McNamara, LLP. Ms. Ivanov joined Kensington Antitrust Advisors in 2009.

Links

Enforcement Agency Sites

United States Department of Justice, Antitrust Division

Federal Trade Commission, Bureau of Competition

Federal Government Antitrust Enforcement Guidelines & Policy Statements

Useful Contact Information

Citizen Complaint Center
Antitrust Division, U.S. Dept. of Justice
950 Pennsylvania Ave., NW., Suite 3322
Washington, DC 20530
1-888-647-3258 (toll free in U.S. and Canada)
202-307-2040

United States Department of Justice, Antitrust Division, Field Offices

Atlanta Field Office
Antitrust Division, U.S. Dept. of Justice
Richard B. Russell Building
75 Spring Street, SW, Suite 1176
Atlanta, GA 30303-3308
404-331-7100

Chicago Field Office
Antitrust Division, U.S. Dept. of Justice
Rookery Building
209 South LaSalle Street, Suite 600
Chicago, IL 60604-1204
312-353-7530

Cleveland Field Office
Antitrust Division, U.S. Dept. of Justice
Carl B. Stokes United States Court House
801 W. Superior Avenue, 14th Floor
Cleveland, OH 44113-1857
(216) 687-8400

Dallas Field Office
Antitrust Division, U.S. Dept. of Justice
1700 Pacific Avenue
Suite 3000
Dallas, TX 75201
214-661-8600

National Criminal Enforcement Section
Antitrust Division, U.S. Dept. of Justice
1401 H Street, NW, Suite 3700
Washington, DC 20530
202-307-6694

New York Field Office
Antitrust Division, U.S. Dept. of Justice
26 Federal Plaza, Room 3630
New York, NY 10278-0140
212-264-0390

Philadelphia Field Office
Antitrust Division, U.S. Dept. of Justice
170 S. Independence Mall West
Curtis Center, Suite 650 West
Philadelphia, PA 19106
215-597-7405

San Francisco Field Office
Antitrust Division, U.S. Dept. of Justice
450 Golden Gate Avenue, Room 10-0101
Box 36046 San Francisco, CA 94102-3478
415-436-6660

European Commission – Competition

Other Useful Links

Coming soon.

Questions & Answers

If you have a question about

antitrust law generally or a

specific situation, you can contact

us here.  Will do our best to

answer promptly.

Antitrust Law Summaries

The short summaries at each of these links are intended to introduce the subject to the lay person with little or no knowledge of the antitrust laws. The United States Department of Justice, Antitrust Division, includes excellent summaries at various levels of generality on its website. Practicing lawyers will want to review those summaries in addition to the information here. You can reach the DOJ materials through the links page on this website.

Antitrust: Latest Developments

June 24, 2008: The European Commission has filed cases with the Tribunal de Commerce in Brussels seeking damages from four lifts companies that were previously found to have operated a cartel charging supra-competitive prices for the installation and maintenance of lifts and escalators in its own buildings and those of other EU institutions, both in Brussels and Luxembourg.

June 20, 2008: The European Commission confirmed that it had conducted unannounced inspections of washing machine and diswasher detergent and softener companies, investigation possible price fixing and other restrictive practices.

Who We Are

The Kensington Antitrust Advisors Group is the project of Steven Semeraro, who has worked as an litigator with the law firm Covington & Burling, and as a trial attorney with the United States Department of Justice, Antitrust Division.  He is currently a professor of law at the Thomas Jefferson School of Law in San Diego, California, and a consultant on antitrust issues for the Legal Research Network and other companies and financial advisers.  He has created the Kensington Antitrust Advisors Group in particular to help serve the small business community that may not have ready access to expert legal advice on antitrust issues.  The website provides a wealth of information and links helpful to those seeking information on antitrust related issues, including a regular blog highlighting important developments in the U.S. and Europe.  The Group will answer antitrust related questions submitted by e-mail for free, and offers reasonably priced consulting services.

Experience

We have more than two decades of experience advising and representing clients, and prosecuting antitrust violations, in the state and federal courts. From initial case assessment through appeals to the U.S. Supreme Court in cutting edge antitrust cases, we have been there. Because we have defended clients, large and small, we can provide frank advice about antitrust exposure and the costs of litigation. Because we have investigated and prosecuted on the government side, we understand the enforcement agency perspective. Whether you are trying to convince the government to file a case, or refrain from filing, we can help frame your presentation and assess your chances of success. And if you are considering filing an antitrust case yourself, our experience enables us to evaluate antitrust issues and plan appropriate action efficiently and cost effectively. Our focus is on assisting in-house counsel and law firms in serving their clients’ antitrust needs. We do not represent clients ourselves, although we can provide referrals to businesses and individuals in need of antitrust counsel.

About

The Kensington Antitrust Advisors Group provides a full range of consulting services to businesses and law firms relating to antitrust compliance, litigation, and policy. We can design compliance programs, evaluate competition questions about business plans, or assist in the preparation of a business review letter. We also assess potential antitrust violations; facilitate meetings with the enforcement agencies; and provide a range of lobbying services with respective to competition-policy legislation. If you have an issue touching on any aspect of antitrust, we can help. Although we do not provide legal representation, we can provide referrals to quality antitrust counsel. Our primary approach, however, is to assist in-house counsel and law firms in fulfilling their clients’ antitrust needs by providing case assessment, expert witness services, and, when needed, legal research and brief writing.

Simplified Settlement Procedure

A simplified settlement procedure for cartels is planned that will permit companies suspected of price-fixing to receive a 10% fine reduction if they acknowledge their involvement.