The Antitrust Division is expected to weigh in on the Supreme Court s review of the Federal Circuit s recent Xerox opinion, which has major consequences for the intellectual property-antitrust interface. James will undoubtedly be closely involved in formulating the Antitrust Division s position on the proper balance between these two areas. In the same vein, James will be compelled to decide the level of support that should be given to the Antitrust Division s heavy commitment to enforcement in cases with a large intellectual property component. For example, several recent merger complaints were predicated largely upon anticompetitive effects in innovation markets. He has not expressed himself about such cases.
Some retrenchment seems likely in connection with telecommunications.
Changes at the FCC already indicate a less interventionist approach to consolidations. It seems likely that James would accommodate the Antitrust Division s program to those changes.