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A new top antitrust cop is on the beat. The Senate voted 71-0 on Friday to confirm R. Hewitt Pate to replace Charles James as the assistant attorney general for antitrust at the Department of Justice. James resigned in November to become general counsel at ChevronTexaco Corp. Pate has been acting assistant attorney general. “I’m very happy and humble to have an opportunity to serve and to be confirmed by the Senate,” Pate said. He is expected to be sworn in within the next week. A former partner at Hunton & Williams in Richmond, Va., Pate joined the antitrust division in 2001 as deputy assistant attorney general for regulation. He has overseen much of the division’s merger litigation, including the challenge to EchoStar Communications Corp.’s acquisition of DirecTV Inc. and SunGard Data Systems Inc.’s purchase of the disaster recovery unit of Comdisco Inc. The confirmation comes on a busy week for the antitrust agencies, which are filling vacancies that have accumulated over the past year. On Thursday evening, President Bush nominated Pamela Jones Harbour to replace Sheila Anthony on the Federal Trade Commission. Harbour spent 11 years at the New York attorney general’s office, including a stretch as director of the public advocacy bureau, which handles antitrust and consumer protection issues. She has spent the last several years as a partner at Kaye Scholer in New York. Senate Minority Leader Thomas Daschle recommended Harbour in September to replace Anthony, whose term expired last year. Daschle gets to make the recommendation because Anthony holds one of two seats that may not go to a member of the party which controls the White House. Anthony has remained in office as the White House vetted Harbour’s nomination, and she is expected to stay until the Senate confirms Harbour. On Wednesday, Pate appointed J. Bruce McDonald as deputy assistant attorney general for regulation. His dominion will include mergers in the telecommunications, media, transportation and energy sectors. McDonald, a partner at Baker Botts in Houston, is expected to start July 1. Copyright �2003 TDD, LLC. All rights reserved.

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