Wednesday, 21 - Thursday, 22 October 2020

E-mail Tel: +44 020 3995 4183

Chairs

Philippe Chappatte

Slaughter and May, London and Brussels

Philippe is Head of the Competition Group at Slaughter and May. He is responsible for the running and development of the firm’s global competition practice, including through the Beijing and Hong Kong offices and 'best friend' firms.

Ilene Knable Gotts

Wachtell, Lipton, Rosen & Katz, New York

Ilene Knable Gotts is a partner in the New York City law firm of Wachtell, Lipton, Rosen & Katz, where she focuses on antitrust matters, particularly relating to mergers and acquisitions. Transactions in which Mrs. Gotts advised include Optum/Davita Medical Group, Publicis Groupe/Epsilon, XO Group/WeddingWire, Siris Capital Group/Travelport Worldwide, IFF/Frutarom, Salesforce/Mulesoft, Prysmian/General Cable, Mondelēz/Tate’s Bake Shop, CenturyLink/Level 3, Danone/WhiteWave Foods, Gaming and Leisure Properties/Pinnacle Entertainment, Faiveley/Wabtec, Charter/Time Warner Cable/Bright House, J.M. Smucker’s/Big Heart Pet Brands, Publicis/Sapient, Essilor/PPG Industries, Deutsche Telekom/MetroPCS, ConAgra/Ralcorp, PPG Industries/Georgia Gulf, Aetna/Coventry, and International Paper/Temple-Inland. Mrs. Gotts is regularly recognized as one of the world’s top antitrust lawyers.

Speakers

Laurent Garzaniti

Freshfields Bruckhaus Deringer, Brussels

Lisa Wright

Slaughter and May, London and Brussels

Markus Röhrig

Hengeler Mueller, Düsseldorf

Nelson Jung

Clifford Chance, London

Nicole Kar

Linklaters, London

Paul Csiszár

Director, Directorate General for Competition of the European Commission, Brussels

Cristina Caffarra

Charles River Associates, Brussels, London

Programme

Wednesday 21st October 2020
All times are in Brussels time CET (UTC+02:00)

10.20am: Chairs’ opening welcome

Philippe Chappatte, Slaughter and May, London and Brussels
Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz, New York   

10.30am: Merger control in UK

As an independent enforcer post-Brexit, the CMA is carving out a new space in global merger review. This panel will look at recent cases, particularly Amazon/Deliveroo, JD Sports/Footasylum and Sabre/Farelogix, to signpost enforcement trends - for example, use of dynamic and failing firm counterfactuals and evidential standards; reverse killer acquisitions and potential entry theories of harm; and expansive interpretation of jurisdictional thresholds. The experts will also consider the impact of covid-19 on merger review, including on companies retrenching from global supply chains and on the approach to merger remedies – how will the timescales change? Finally, the panel will consider the likely approach of the CMA as an enforcer post Brexit, its policy agenda (particularly in relation to Big Tech), and coherence - or otherwise - with international approaches. 

11.30am: Merger control in Germany

In the digital space, has Germany’s new transaction value threshold lived up to the promise of “catching” killer acquisitions which would otherwise have escaped merger control review? How does the Bundeskartellamt approach the analysis of network effects and access to data? What is the role of the more economic approach and the EU’s case law in vertical merger analysis following the Bundeskartellamt’s decisions in CTS Eventim/Four Artists and Remondis/DSD? How will the Bundeskartellamt’s approaches to the failing division defense in Miba/Zollern and to investments of Chinese state-owned enterprises in CRRC/Vossloh impact transactions in the wake of economic crisis brought about by the COVID-19 pandemic?  

12.30pm: Close of morning session


6.00pm: Merger control in USA

Leading experts in US M&A will look at the mark that the Trump Administration years have had on M&A enforcement, including the focus on vertical mergers, nascent and potential competition, litigated cases, and remedies.  The discussion will include some of the more notable litigated cases of the past year, including Sabre/Farelogix, TMobile/Sprint, and Evonik/PeroxyChem and will include whether the COVID-19 pandemic or the Presidential and Congressional Elections are likely to have an impact on these trends.

7.00pm: All participants are invited to networking group discussions 

 

Thursday 22nd October 2020
All times are in Brussels time CET (UTC+02:00)

9.55am: Chairs’ welcome

Philippe Chappatte, Slaughter and May, London and Brussels
Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz, New York 

10.00am: Merger control in Asia-Pacific

With what seems to be a rise in conditional merger clearances, this panel of experts will explore cases in several jurisdictions - ZF Friedrichshafen/Wabco in China and India; Schneider Electric/Larsen & Toubro in India; Pathology Asia/Innovative Diagnostics and Quest Laboratories in Singapore; Borealis/DYM Solution in Korea - and discuss what they mean for merger control in the region. The panel will examine whether fears of industrial policy concerns, especially amid the trade war between the US and China, in merger reviews have been borne out or whether the conditional clearances – and the timing associated with them – remain grounded in competition law. Several complex mergers in the region, including IBM/Red Hat, have been met with intense scrutiny but cleared without remedies; the panel will consider what is guiding the thinking at the agencies, especially as the list of likely filing jurisdictions in the region continues to grow.

11.00am: Merger control in EU

What do recent cases like Abbvie/Allergan and Johnson & Johnson/TachoSil tell us about the Commission’s approach to pipeline products and nascent competition?  Do the long timeframes and stop the clock decisions in cases like Boeing/Embraer and EssilorLuxottica-GrandVision suggest that the Commission is asking for too much information? This expert panel explore these themes and go on to discuss anticipated developments in the merger control regime, including in response to the COVID-19 pandemic.  For example, should the Commission proceed on the assumption that the market will go back to how it was prior to the crisis? How should the Commission approach divestments in weak markets? What should be done about companies who have been given government support and how does that fit into the ongoing debate about European champions?

12.00pm Chairs’ closing remarks

Philippe Chappatte, Slaughter and May, London and Brussels
Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz, New York

12.05pm Close of conference 

Ticket Prices

Private Practitioner
Type Price
Tier 1 €200
Tier 2 €300

 

In-house/Governmental
Type Price
Standard

€0