Wednesday, 21 - Thursday, 22 October 2020

Merger control in the UK, Germany, USA, Asia-Pacific, and EU

Global Competition Review is delighted to announce a virtual edition of its Merger Control conference where top government enforcers, private practitioners and company representatives from these key jurisdictions come together to examine recent merger cases, analyse enforcement trends and evaluate merger review policy across the globe. 

This interactive series will go on to discuss anticipated developments in the merger control regime, including in response to the COVID-19 pandemic. The format of this virtual event offers delegates the opportunity to join thought leaders to debate recent developments and the challenges and opportunities affecting this key area.  For more information including the full programme and topics, please refer to the programme below. 

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

Kala Anandarajah

Rajah & Tann, Singapore

Elizabeth Avery

Gilbert + Tobin, Sydney

Joel Bamford

Senior Director, Mergers, Competition and Markets Authority, London

Paul Csiszár

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

Saar Dierckens

Senior Counsel, Competition, Siemens, Munich

Craig Falls

Dechert, Washington, DC

Laurent Garzaniti

Freshfields Bruckhaus Deringer, Brussels

John Harkrider

Axinn, Veltrop & Harkrider, New York

Silke Hossenfelder

Head of General Policy Division, Federal Cartel Office Germany, Bonn

Sebastian Janka

Luther, Munich

Matthew Johnson

Oxera, Oxford

Nelson Jung

Clifford Chance, London

Avaantika Kakkar

Cyril Amarchand Mangaldas, Mumbai

Nicole Kar

Linklaters, London

Hyuna Kim

Bae, Kim & Lee, Seoul

Zhou Minjia

Deputy Director, China State Administration for Market Regulation (SAMR), Beijing

Edurne Navarro

Uría Menéndez, Madrid and Brussels

Evelyn Niitväli

Niitväli Competition Law, Frankfurt

David Parker

Frontier Economics, London

Markus Röhrig

Hengeler Mueller, Düsseldorf

Martha Samuelson

Analysis Group, Boston

Christine Wilson

Commissioner, Federal Trade Commission, Washington DC

Lisa Wright

Slaughter and May, London and Brussels

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. 

Moderator: 
Nicole Kar, Linklaters, London

Panel:
Joel Bamford, CMA, London
Nelson Jung, Clifford Chance, London
Lisa Wright, Slaughter and May, London and Brussels
Matthew Johnson, Oxera, Oxford

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?  

Moderator: 
Markus Röhrig, Hengeler Mueller, Düsseldorf

Panel:
Silke Hossenfelder, Head of General Policy Division, Federal Cartel Office Germany, Bonn
Saar Dierckens, Senior Counsel, Competition, Siemens, Munich
Evelyn Niitväli, Niitväli Competition Law, Frankfurt
Sebastian Janka, Luther, Munich

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.

Moderator: 
Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz, New York  

Panel:
Christine Wilson, Commissioner, Federal Trade Commission, Washington DC
John Harkrider, Axinn, Veltrop & Harkrider, New York
Martha Samuelson, Analysis Group, Boston
Craig Falls, Dechert, Washington, D.C.

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.

Moderator: 
Elizabeth Avery, Gilbert + Tobin, Sydney

Panel:
Hyuna Kim, Bae, Kim & Lee, Seoul
Avaantika Kakkar, Cyril Amarchand Mangaldas, Mumbai
Kala Anandarajah, Rajah & Tann, Singapore
Zhou Minjia, Deputy Director, SAMR, Beijing 

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?

Moderator: 
Philippe Chappatte, Slaughter and May, London and Brussels

Panel:
Paul Csiszár, Director, Directorate General for Competition of the European Commission, Brussels
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels
David Parker, Frontier Economics, London
Edurne Navarro Varona, Uria Menendez, Brussels and Madrid

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 Sold Out
Tier 2 €300

 

In-house/Governmental
Type Price
Standard

€0