Antitrust & trade regulation.

• Author: Nagin, Stephen
• Position: Board certification

The fabric of capitalism is woven by what economist Adam Smith called an "invisible hand," as millions of businesses produce goods and services that hundreds of millions of buyers purchase. It is only when businesses engage in anticompetitive exclusion, economic discrimination, predation,

or when unfair, deceptive, and unconscionable acts or practices occur, that this marvelous fabric may be torn in ways that transcend the normal give and take of mercantile pursuits, and ultimately cause harm to the competitive process. That is when a specialist in antitrust law or trade regulation law may be called upon to properly analyze and characterize the conduct (or structure), to postulate the type of anticompetitive (or deceptive, unfair, or unconscionable) effects likely to occur (or to have occurred), to measure the actual or potential effects, and where relevant, to assist in determining the existence of a defined market, the presence of market power, and economic damages. Ultimately, three concepts--characterization, market definition, and market power--are at the core of most antitrust analysis and any or all may be best addressed by a skilled, certified antitrust lawyer.

The certification program for this area of law is based on "standards" created by a committee of very experienced antitrust and trade regulation lawyers (selected by the Bar president). These "standards"--approved by the Board of Governors and the Florida Supreme Court and published at www.flabar.org (see Member Services/Certification/Antitrust and Trade Regulation Law/Committee Standards (Rule 6-22.1))--are designed to identify those lawyers who possess broad and varied experience; who regularly and consistently practice in the area of antitrust law, unfair methods of competition, and deceptive or unfair trade practices; and who have such special knowledge, skills, and proficiency that they should receive the tested privilege to hold themselves out to the public as certified antitrust and trade regulation lawyers.

Certification is intended to identify lawyers with a ready grasp of the substantive and procedural law bearing upon both typical and more unusual issues that arise in this area of practice. Additionally, they are expected to use sound judgment so that proportion both as to expense and delay is maintained between the nature of the problem to be solved and the cost and elaborateness of the proposed response or solution. Finally, certified antitrust and trade...