Impact of Article 2B

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Panel 6: INTERNATIONAL PERSPECTIVES ON THE IMPLICATIONS OF ARTICLE 2B

Presenters:

Susan DeSanti, U.S. Federal Trade Commission
P. Bernt Hugenholtz, Institute of Information Law, University of Amsterdam, European Commission Legal Advisory Board for the Information Market
Tsuneo Matsumoto, Hitotsubashi University School of Law, Japan
Carlyle C. Ring, Jr., Chair, Article 2B Drafting Committee


PRESENTER BIOS

Susan S. DeSanti

Susan DeSanti has been Director for Policy Planning at the Federal Trade Commission since June, 1995. In that position, she had responsibility for organizing the FTC's Hearings on Global and Innovation-Based Competition, which focused on whether antitrust and consumer protection policy require any adjustments in light of changes in the nature of competition as the U.S. approaches the 21st century. In June 1996, her staff produced a public report entitled "Anticipating the 21st Century: Competition Policy in the New High-Tech, Global Marketplace." The report summarizes testimony from the hearings and makes policy proposals in light of that testimony, existing case law and legal and economic literature, and discussions with FTC staff. Currently, Policy Planning staff is working on the FTC?s Joint Venture Project to clarify and update antitrust policies regarding joint ventures and other forms of competitor collaborations.

Ms. DeSanti previously served as senior attorney advisor to FTC Chairman Robert Pitofsky and to former Commissioner Dennis Yao. She also served as Assistant Director for Policy and Evaluation in the Bureau of Competition of the FTC. In that role, she had responsibilities in connection with case selection and development, as well as in connection with drafting of the 1995 FTC/DOJ Antitrust Guidelines for the Licensing of Intellectual Property.

Prior to joining the Federal Trade Commission, Ms. DeSanti was a partner at the Washington, D.C. law firm of Hogan & Hartson. Her law practice centered on antitrust litigation and counseling and other regulatory matters. She is a former Council Member of the American Bar Association Antitrust Section, having held a variety of positions in the Antitrust Section over the past 10 years, including serving on several Antitrust Section task forces relating to legislative and other policy issues.

Ms. DeSanti is a frequent speaker on antitrust issues, especially as they relate to innovation and intellectual property issues, and has authored several articles, including Innovation Issues under the 1992 Horizontal Merger Guidelines, 61 Antitrust L.J. 505 (1993)(co-authored with Dennis Yao). In 1981, she received her J.D. cum laudefrom Boston University School of Law, where she was a member of the Law Review. She has a Master's Degree in Educational Research from Northeastern University, and she received her undergraduate degree from Sarah Lawrence College. She is married to Richard DeSanti; they have one son, Benjamin, and reside in Vienna, Virginia.

P. Bernt Hugenholtz

Dr. P. Bernt Hugenholtz is professor of law at the University of Amsterdam, Institute for Information Law. In 1989 he received his doctor's degree cum laude from the University of Amsterdam, where he defended his thesis on copyright protection of works of information. He has written several books and numerous articles and studies on topics in the field of copyright and information law, e.g. on the protection of databanks and computer software, copyright aspects of electronic document delivery, multimedia and the Internet. Dr. Hugenholtz is chairman of the Intellectual Property Task Force of the Legal Advisory Board, the advisory body of the European Commission (DG XIII).

Tsuneo Matsumoto

Tsuneo Matsumoto is a professor of private law at Hitotsubashi University, Tokyo, Japan. He was born in Kyoto and got his LLB and LLM degrees from Kyoto University. After teaching law on the faculties of Hiroshima University and Osaka City University for twelve years, he joined the Hitotsubashi faculty in 1991.

Professor Matsumoto's major areas of concern are consumer law and computer law. He has been involved in a variety of academic and social activities relating to consumer policies and law and technology issues, including:

  • Member, the Consumer Policy Section of the Social Policy Council of Japanese Government;
  • Chair, the Consumer Issues Working Group of the Electronic Commerce Promotion Council of Japan;
  • Chair, SOFTIC Committee on UCC Article 2B;
  • Member, Review Committee of the Japan Advertising Review Organization;
  • Board, the International Association for Consumer Law;
  • Board, the Law and Computers Association of Japan;
  • Member, OECD Project Group on Consumer Protection for Electronic Commerce.

    His English publications include:

  • "Protection of the Weaker Party in Japanese Contract Law", 4 Journal of the Japan Netherlands Institute 102 (1992);
  • "Consumer's Rights and their Enforcement in Japan--- Case Studies of Unfair Practices and Product Liability", Karl Kroeschell (Hrsg.), Recht und Verfahren 93 (C.F.Mueller 1993);
  • "International Workshop: Beyond Compensation: Dealing with Accidents in the 21st Century", 15 University of Hawaii Law Review 523 (1993);
  • "EC Directive on Unfair Contract Terms in Consumer Contracts and Japan: Does Japanese Law Meet the Standards Set by the Directive?", [1994] Consumer Law Journal 141;
  • "Recent Developments in the Law of Product Liability in Japan", 25 Hitotsubashi Journal of Law and Politics 15 (1997).

    Carlyle C. Ring, Jr.

    Please check back soon for this participant's bio