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BIOGRAPHICAL SKETCH |
Name: . Ernest G. Barnes
Date of Birth: November 1, 1923
Place of Birth: Wilson County, North Carolina
Residence: 11706 Eden Road
Silver Spring, Maryland 20904
�?~Family: Married to Catherine Lorraine Young.
Five children: Gregory (26), Gail (25),
Kenneth (22), Richard (21), Douglas (19)
Religion: Methodist
Education: Graduate of Wilson County, North Carolina
Public Schools. Attended Brevard .
College, Brevard, North Carolina; Iowa
State College, Ames, Iowa; National |
University, Washington, D.C.; and George |
Washington University, Washington, D.C.
Received LL.B and J.D. degrees June 1950.
Admitted to District of Columbia Bar,
_ November 1950.
Engaged in the private practice of law in
Washington, D.C. �?" April 1951-July 1955.
On August 8, 1955, joined the professional
- gtaff of the Federal Trade Commission, and
have been continuously employed by the.
Commission since that date.
August 1955-July 1958: Attorney-Advisor,
Washington Regional Office, Bureau of
Investigation. Duties included investigation
of unfair methods of competition and unfair
or deceptive acts or practices and to make
recommendations to the Commission as to
necessary action to be taken in such
matters. "A,
i Fixe
August 1958-October 1968: Trial Attorney,
Bureau of Restraint of Trade. Was
primarily responsible for preparation
and trial of numerous protracted and
complex proceedings arising under the
Federal antitrust laws and the Federal
Trade Commission Act. Worked primarily
on matters involving price-fixing
conspiracies, monopolization, and Robinson-
Patman Act discrimination matters.
November 1968-May 1969: Assistant to the
Chief, Division of General Trade Restraints.
Responsible for supervision of a staff of
30 attorneys in the investigation and trial
of complex antitrust and trade regulation
matters.
June 1969-July 1970: Acting Assistant General
Counsel for Legislation--Federal-State
- Cooperation.. Responsible for preparation
of all Commission reports to Congress and
the Bureau of the Budget on pending legis-
lation. Also prepared statements for
members of the Commission who appeared
before congressional committees to testify
on pending legislation. Prepared Commission
legislative proposals for presentation to
the Bureau of the Budget and to Congress.
Responsible for Commission's program of
encouraging States to enact consumer protec-
�?~tion laws and to carry out effective
consumer protection programs. Served as
principal liaison officer between the
Commission and State and local governments.
July 1970-December 1972: Assistant Director,
Bureau of Competition. Responsible for
supervision of approximately 50 attorneys
in the investigation and trial of complex
antitrust and trade regulation matters.
Responsibility also included meeting with
members of the business and professional
commmity to discuss problems within the
jurisdiction of the Federal Trade Commission
ne ge
and to explain Commission programs and
guidelines; initiating and reviewing
recommendations concerning areas which
the Commission should consider for future
corrective action; evaluating on-going
programs and allocation of resources; and
conducting orientation and training programs
for Commission personnel.
January 1973-to Present: Administrative Law
Judge and Assistant Director, Office of
Administrative Law Judges, Federal Trade �?"
Commission. Administrative Law Judges
preside over and conduct all formal adjudica-
tive proceedings within the jurisdiction of
the Federal Trade Conmission. An Administrative
Law Judge performs all the duties set forth
in the Administrative Procedure Act, ruling
on all matters in controversy in such proceed-
ings and makes and issues Initial Decisions
thereon. In performing such duties he exercises
independent judgment which is by law not subject
to direction or review. The Administrative
Law Judge performs duties similar in scope to
those of a Trial Court. Proceedings within
the jurisdiction of the Commission are
exceptionally difficult, important and complex.
Have rendered Initial Decisions in matters
involving the Federal Deposit Insurance
Corporation (unfair banking practices); United
States Department of Commerce, National Marine
Fisheries Service (application for transfer of
fisheries license); United States Department of
Justice, Board of Parole (application for exemption
under the Labor-Management Reporting and Disciosure
Act of 1959); and Federal Trade Commission (anti-
trust and consumer protection matters).
Participation Trial attorney primarily responsible for the
in Important investigation and trial of the Conmission's
Commission antibiotic proceeding American Cyanamid
Matters: Company, Docket No. 7211, which resulted in
a finding that two large pharmaceutical
companies are guilty of obtaining a valuable
antibiotic patent by fraud. (Affirmed by
the Sixth Circuit Court of Appeals (401 F.2d
574 (1968). The issues involved in this >
a Ae
proceeding were extremely complex and
- @ifficult involving extensive patent
problems and highly technical and scientific
evidence. As a consequence of this Commission
proceeding, over a hundred private treble
damage suits have been instituted, primarily
by the States and local government units.
These private actions have resulted in
recovery of over $250 million. The Federal
Government has instituted a proceeding seeking
recovery of $25 million.
Was responsible for the investigation and trial
- of the proceeding entitled L. G. Balfour
�?~Company, Docket No. 8435. �?~This proceeding
involved the use of unfair trade practices
in the sale of national college fraternity
jewelry and high school class rings, and
the monopolization and attempted monopoliza-
tion of such markets.
Additional matters in which I was the principal
trial attorney involved the following
companies and products:
Clairol, Inc. - cosmetics gnd hair care
products
William H. Rorer, Inc. - drug products
�?~Viviano Macaroni Co. - food products
- General Railway Signal Co. and
Westinghouse Air Brake Co. - railroad
signal equipment
Westinghouse Electric Co. - nuclear submarine
components
Bristol-Myers Company - analgesics
Military Experience
1943-1946 - Served as Tech. Sgt., United States Army, China~Burma
Theater, and Military Occupation of Formosa.
Other Experi «ce
Lecturer and Participant in Practicing Law Institute continuing
educational -programs
a
Consultant, State Antitrust Enforcement Programs
President and Counsel, North White Oak Civic Association,
Montgomery County, Maryland
Past Officer, Montgomery County Parent-Teachers Association
Attended Civil Service Commission Executive Seminar Center,
Kings Point, New York
Recipient, Superior Service Award, Federal Trade Commission,
October 1963
Chairman, Parents Board, Western Maryland College,
Westminster, Maryland, 1976-77