[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[Senate]
[Pages 14807-14809]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF R. HEWITT PATE, OF VIRGINIA, TO BE AN ASSISTANT ATTORNEY 
                                GENERAL

  The PRESIDENT pro tempore. Under the previous order, the hour of 10 
a.m. having arrived, the Senate will proceed to executive session to 
consider the nomination of R. Hewitt Pate, of Virginia, to be an 
Assistant Attorney General.
  The legislative clerk read the nomination of R. Hewitt Pate, of 
Virginia, to be an Assistant Attorney General.
  Mr. ALLEN. Mr. President, I ask my fellow Senators to vote for R. 
Hewitt Pate to be Assistant Attorney General for the Antitrust Division 
of the United States Department of Justice. I rise today to share with 
my colleagues my views, familiarity and admiration for R. Hewitt Pate.
  We all know, and the Presiding Officer recognizes, how important our 
antitrust laws are and their beneficial influence in making sure we 
have competition in our free market society. Competition is absolutely 
essential because it forces us to always be innovative to ensure a good 
market share for whatever the product or service. Our antitrust laws 
are vital for free competition in our society and in our economy.
  Mr. Pate, as Assistant Attorney General in the Antitrust Division of 
the Justice Department, will be one of the key leaders, if not the key 
leader, in making sure that monopolistic or anti-competitive practices 
do not occur in this country. I can confidently say Mr. Pate is very 
well qualified to decide antitrust matters effectively. He will lead 
with impartiality, dignity and fairness in this important position.
  When I was Governor of Virginia, I appointed Mr. Pate to the Virginia 
Commission of Higher Education and the Governor's Commission on Self-
Determination and Federalism.
  I have known Hew Pate since he was at the University of Virginia. I 
was a relatively young delegate at the time, representing Mr. 
Jefferson's seat in Albemarle and Nelson Counties, which surround the 
University of Virginia. Ever since those years, Hew Pate has constantly 
amazed me. Even then, as a very young man at the University of Virginia 
School of Law, he was always very conscientious and knowledgeable, and 
he has been a very good friend and ally ever since.
  Hew Pate graduated first in his class from the University of Virginia 
Law School in 1987 and went on to clerk for Judge J. Harvie Wilkinson 
on the Fourth Circuit Court of Appeals. In addition, Mr. Pate clerked 
for both Justice Louis Powell and Justice Anthony Kennedy on the United 
States Supreme Court.
  After these impressive clerkships, Mr. Pate went on to practice 
antitrust law for 10 years at Hunton & Williams, which is one of 
Virginia's largest and most highly respected law firms. Hew Pate also 
taught competition law at the University of Virginia.
  Since 2001, Mr. Pate has performed with distinction, handling several 
significant matters in a scholarly, reasoned, and admirable manner for 
the Department of Justice's Antitrust Division. Since November 2002, 
Hew Pate has been the Acting Assistant Attorney General for Antitrust. 
In fact, on a case affecting a major company in the Commonwealth of 
Virginia, my good colleague Senator Warner and I were on one side 
advocating a certain result, and Mr. Pate was on the other side. Mr. 
Pate briefed us on how our views were not necessarily in accordance 
with the views of the Department of Justice, but he did it in a very 
careful, considerate, and well-reasoned way. Afterward, we did not have 
any reason to appeal because the conclusion was so well briefed and 
researched.
  It is my sincere pleasure to highly recommend this exceptional 
nominee and outstanding Virginian this morning.
  I respectfully urge all my colleagues to support the confirmation of 
R. Hewitt Pate to this important position in the Department of Justice. 
I think he will be an outstanding Assistant Attorney General, leading 
the Antitrust Division.
  Mr. LEAHY. Mr. President, today, we confirm R. Hewitt Pate to be 
Assistant Attorney General of the Antitrust Division at the Department 
of Justice. The Antitrust Division is charged with a critically 
important role in protecting our nation's consumers and their markets, 
and I look forward to Mr. Pate fulfilling that role with diligence and 
distinction.
  As the boundaries of our marketplaces are expanding ever outward, 
many of the competitive issues that were once only local have become 
regional, national, or even global in their impact. That global economy 
is also increasingly dominated by high tech and information industries. 
In those arenas, technological change and innovation are taking place 
at dizzying speed, and we are seeing new and creative products and 
services developed every day. Fair and efficient policing

[[Page 14808]]

of corporate behavior in those swiftly evolving markets is particularly 
important to ensure that the early entrants do not preclude competition 
from later rivals, and that a rapid accumulation of market power cannot 
be used to harm consumers.
  Another hallmark of antitrust problems arising in recent years has 
been the increasing number of situations in which suppliers and 
distributors join forces, possibly to the detriment of consumers. Many 
of us are accustomed to thinking of antitrust enforcement as focused on 
mergers of competitors, but as more and more vertical arrangements are 
entered into, we must be aware--and be wary--of such deals. While in 
some cases they may permit consumers a greater range of choice than 
they would otherwise enjoy, they can also facilitate grievously 
anticompetitive behavior. As we all move more and more of our 
acquisition of information, of goods, and of services, to the Internet, 
the online businesses and markets will need the scrutiny of the 
Antitrust Division to help guarantee that those marketplaces provide 
digital-age consumers with the quality and quantity of offerings that 
have long been the promise of the Internet.
  As Mr. Pate confronts these issues, with the help of the many 
seasoned career lawyers and economists in the Antitrust Division, I am 
confident that he will be able to protect and promote the competitive 
health of the American economy. We all stand to benefit if he does his 
job well. I stand by ready to help him ensure that consumers and 
producers alike enjoy the benefits of a properly functioning 
marketplace.
  Mr. KOHL. I rise today in support of the confirmation of Hew Pate to 
the important post of Assistant Attorney General for Antitrust. I am 
confident that Mr. Pate's talents and dedication will serve the Justice 
Department and the American people very well in this vital position.
  The responsibilities of the Justice Department's Antitrust Division 
have never been more important. In our challenging economic times, we 
all depend on the dynamism of competition to provide economic growth 
and jobs necessary to propel our economy forward. And I am convinced 
that only the aggressive enforcement of our Nation's antitrust laws--
our fundamental charter of economic liberty proven for over 110 years--
will ensure that competition will flourish and ensure that consumers 
will obtain the highest quality products and services at the lowest 
possible prices. The Antitrust Division must be a vigilant watchdog to 
ensure that the antitrust laws are properly enforced to prevent 
companies from stifling competition and harming consumers.
  Moreover, Mr. Pate will assume his post at a time when the Antitrust 
Division will have to serve as our last line of defense against 
excessive media consolidation. Now that the FCC has substantially 
relaxed media ownership restrictions, many expect a new wave of media 
mergers and acquisitions. These acquisitions will come before the 
Justice Department for review. We will expect that Mr. Pate will be 
careful to review these transactions to ensure that they do not unduly 
diminish competition in the marketplace of ideas nor unduly harm the 
diversity of news and information so essential to our democracy.
  It is essential, then, that the next head of the Antitrust Division 
be committed to the Justice Department's tradition of vigorous 
antitrust enforcement. The performance of the Antitrust Division over 
the last 2 years under Mr. Pate's predecessor's leadership gave me 
considerable cause for concern. From the defects in the Microsoft 
settlement--which many believe was unnecessarily weak and riddled with 
loopholes--to the general decline in the division's enforcement 
activities, we were left to wonder if the division was truly committed 
to its crucial mission of protecting competition. We will expect the 
next Antitrust Division Chief to return to the tradition of strong and 
energetic antitrust enforcement.
  I believe that Mr. Pate is well qualified to restore our confidence 
and lead the Antitrust Division in the years ahead. He has compiled an 
impressive record of achievement at a relatively young age as an 
attorney in private practice, and we have heard a great deal of praise 
for his talents and legal acumen. Since joining the Justice Department 
as a Deputy Assistant Attorney General in the Antitrust Division more 
than 2 years ago, Mr. Pate has proven to be an effective enforcer of 
our Nation's antitrust laws. As a Deputy, he was responsible for many 
of the division's most important matters, including its successful 
challenge last year to the Echostar/DirectTV merger in the satellite 
television industry. And I have been particularly impressed with his 
dedication and hard work since he assumed the leadership of the 
Antitrust Division on an acting basis last fall.
  My favorable impression of Mr. Pate has been enhanced by my own 
dealings with the nominee. He demonstrated his knowledge and expertise 
in antitrust law at our confirmation hearing several weeks ago. And I 
was particularly pleased with his forthrightness and candor in our 
private meeting in advance of the hearing, where he impressed me with 
the sincerity and seriousness with which he would take his new 
responsibilities.
  I will therefore vote in favor of confirming Mr. Pate. I will look 
forward to working with Mr. Pate in the months and years ahead.
  Mr. HATCH. Mr. President, I rise in support of R. Hewitt Pate's 
nomination for Assistant Attorney General for the Antitrust Division.
  I would note that Mr. Pate's nomination was unanimously approved by 
the Judiciary Committee. I fully expect that the Senate will follow 
suit and quickly approve his nomination to this important position.
  Over the last decade, the position of the Assistant Attorney General 
for Antitrust has grown in importance. The rapid transformation of our 
country's economy, particularly in new technologies and international 
markets, has raised public attention and policy focus on a variety of 
important antitrust issues. The Assistant Attorney General plays a 
crucial role in formulating competition policy and enforcing existing 
antitrust laws to make sure that our free-market economy operates 
efficiently and serves the public.
  Mr. Pate comes before the United States Senate with an impressive 
track record of public service in the Antitrust Division. In June 2001, 
he was appointed as the Deputy Assistant Attorney General responsible 
for Regulatory Matters, and served ably under then Assistant Attorney 
General Charles James. In November 2002, after Mr. James' departure, 
Mr. Pate was appointed as Acting Assistant Attorney general for the 
Antitrust Division. During that time, he has demonstrated his talent 
and ability to lead the Antitrust Division.
  Prior to joining the Justice Department in 2001, Mr. Pate practiced 
at the distinguished law firm of Hunton & Williams in Richmond, 
Virginia, where he had a distinguished record in representing both 
plaintiffs and defendants in a variety of antitrust and business law 
cases. After graduating first in his class at the University of 
Virginia Law School in 1987, Mr. Pate went on to clerk for the 
honorable J. Harvie Wilkinson, at the United States Court of Appeals 
for the Fourth Circuit, Supreme Court Justice Lewis Powell, and Supreme 
Court Justice Anthony Kennedy. During his tenure at the firm of Hunton 
& Williams, Mr. Pate found time to teach at the University of Richmond 
and University of Virginia Law Schools.
  With such an impressive background, both in private practice and in 
antitrust enforcement, particularly given his proven track record, I am 
confident that Mr. Pate will be an excellent Assistant Attorney General 
for the Antitrust Division. I am hopeful that this Senate will act 
quickly to confirm Mr. Pate's nomination.
  Mr. LOTT. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER (Mr. Chafee). Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of R. Hewitt Pate, of Virginia, to be an Assistant Attorney General? 
The clerk will call the roll.

[[Page 14809]]

  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Mississippi (Mr. 
Cochran), the Senator from Wyoming (Mr. Enzi), the Senator from North 
Carolina (Mrs. Dole), the Senator from Illinois (Mr. Fitzgerald), the 
Senator from South Carolina (Mr. Graham), the Senator from Oklahoma 
(Mr. Inhofe), the Senator from Oklahoma (Mr. Nickles), the Senator from 
Kansas (Mr. Roberts), the Senator from Oregon (Mr. Smith), the Senator 
from Wyoming (Mr. Thomas), the Senator from Ohio (Mr. Voinovich), and 
the Senator from Virginia (Mr. Warner) are necessarily absent.
  Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux), 
the Senator from Delaware (Mr. Carper), the Senator from North Dakota 
(Mr. Dorgan), the Senator from North Carolina (Mr. Edwards), the 
Senator from Florida (Mr. Graham), the Senator from Iowa (Mr. Harkin), 
the Senator from South Carolina (Mr. Hollings), the Senator from 
Vermont (Mr. Jeffords), the Senator from Massachusetts (Mr. Kerry), the 
Senator from New Jersey (Mr. Lautenberg), the Senator from Connecticut 
(Mr. Lieberman), the Senator from Maryland (Ms. Mikulski), the Senator 
from Georgia (Mr. Miller), the Senator from Washington (Mrs. Murray), 
the Senator from Florida (Mr. Nelson), and the Senator from Nebraska 
(Mr. Nelson) are necessarily absent.
  I also announce that the Senator from Rhode Island (Mr. Reed) is 
absent attending a funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea''.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring a vote?
  The result was announced--yeas 71, nays 0, as follows:

                      [Rollcall Vote No. 226 Ex.]

                                YEAS--71

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Chafee
     Chambliss
     Clinton
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Durbin
     Ensign
     Feingold
     Feinstein
     Frist
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inouye
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Pryor
     Reid
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Wyden

                             NOT VOTING--29

     Breaux
     Carper
     Cochran
     Dole
     Dorgan
     Edwards
     Enzi
     Fitzgerald
     Graham (FL)
     Graham (SC)
     Harkin
     Hollings
     Inhofe
     Jeffords
     Kerry
     Lautenberg
     Lieberman
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Roberts
     Smith
     Thomas
     Voinovich
     Warner
  The nomination was confirmed.

                          ____________________