Friday, 11 October, MackGraphe, Mackenzie University, São Paulo, Brazil

E-mail Tel: +44 20 3780 4270

Chair

Frank Montag

Freshfields Bruckhaus Deringer, Brussels

Clients turn to Frank when they need a competition lawyer with authority, a global reputation and extensive knowledge of the world’s competition law regimes.  

Frank draws on over 30 years’ experience to defend his clients’ interests in EU and multijurisdictional competition procedures and investigations.

With increasing intra-agency co-operation in merger and cartel investigations, clients need a globally co-ordinated defence. Frank’s practice has brought him before the European Commission, Germany’s Bundeskartellamt and other key global authorities, including the US DOJ and FTC and China’s Mofcom, in some of the most complex merger transactions and investigations into anti-competitive practices. He is also an experienced litigator before the European courts in Luxemburg.

Frank speaks German, English and French.

Programme

8.30: Coffee and registration 

9.00: Chair’s opening remarks

Frank Montag, Freshfields Bruckhaus Deringer, Brussels

9.15: Enforcers’ roundtable

10.25: Coffee break

10.50: The limits of unilateral conduct policy and enforcement in technology markets: is there a need to upgrade or reboot the system?

The emergence of new technology markets (including zero-price markets) has left antitrust observers asking whether authorities should broaden the scope of competition policy beyond consumer welfare - and in what circumstances that would be warranted. Will this generate more uncertainty and hand unlimited discretion to authorities? What should be the limits of competition policy? What new theories of harm (if any) should competition authorities consider in order to assess unilateral conduct in technology markets? What new cases are testing the boundaries of traditional enforcement? The panel will share their insights on these and other questions about the purpose and limits of competition policy in dynamic technology markets.

12.00: Coffee break

12.25: Remedies in conduct cases: the line between antitrust enforcement and market regulation

Competition authorities around the world have increasingly used their general investigative powers and competition advocacy tools whenever they believe a market is not working as well as it should – including the e-commerce inquiry in Europe and the work of the US Federal Trade Commission’s digital economy task force. This trend has not passed unnoticed by Latin American enforcers; broad market investigations are active in Brazil and Mexico. Leaders in the field will discuss this trend from a global perspective and explore how to draw the line between antitrust enforcement and market regulation.

13.35: Networking lunch

14.45: Cross-border merger control

Competition enforcers around the world have grappled with whether and how to take international or global considerations into account when investigating cross-border mergers. Is it time for a more internationalist approach to merger enforcement – particularly in Latin America, where one merger can give rise to similar issues in multiple countries? If so, what does this kind of international merger control look like, and who should ultimately come first – local consumers, or those who may be affected by a deal across borders?

15.55: Coffee break

16.20: Information exchange

What are the boundaries and limits for information exchange in conduct cases? What type of information can be lawfully exchanged or not? When is specific information no longer competitively sensitive? How are CADE and other agencies around the world dealing with information exchange? How should pure information exchange be treated by competition agencies in terms of fines and sanctions? The panel will focus on these specific issues and propose practical and useful tools for practitioners to deal with challenges surrounding the information exchange grey zone.

17.30: Chair's closing remarks
Frank Montag, Freshfields Bruckhaus Deringer, Brussels

Venue

MackGraphe, Mackenzie University, São Paulo, Brazil

Ticket Prices

Private Practitioner
Type Price Until
Super Early $ 400 30 Aug 2019
Early $ 500 27 Sep 2019
Standard $ 600 11 Oct 2019

 

In-house/Governmental
Type Price
Standard $0