Coverage

Q&A: Edward Schwartz on compliance programmes

25 January 2016

With the GCR Live 5th Annual Antitrust Law Leaders Forum coming up in Miami next week, we asked Steptoe & Johnson partner Edward Schwartz to discuss the panel he is moderating, “Antitrust: Compliance mission impossible”. Schwartz has 30 years of experience representing clients in antitrust cases and also frequently assists them in developing and updating their antitrust compliance programmes.

Gelfand: US will go to court when merger proponents ‘litigate the fix’

Gelfand: US will go to court when merger proponents ‘litigate the fix’

08 February 2016

The US Department of Justice is ready to fight a merger in court if the companies say they are willing to have a judge decide whether their proposed divestiture would be adequate to solve competition concerns, the deputy head of the antitrust division said. Ron Knox at GCR Live in Miami

McSweeny: Price controls won't fix competition issues in hospital tie-ups

McSweeny: Price controls won't fix competition issues in hospital tie-ups

08 February 2016

Price controls or promises to freeze profit margins are rarely, if ever, enough to fix potential competition problems that arise in mergers between rival hospital systems, Federal Trade Commission member Terrell McSweeny said last week. Ron Knox at GCR Live in Miami

Merger remedies gone south: The Tipline for 8 February 2016

08 February 2016

We’re back in chilly DC after spending an excellent weekend with 120 or so of the world’s finest antitrust pros at GCR Live’s annual Law Leaders conference in Miami. The speakers and panelists were better than ever – especially enforcers Debbie Feinstein from the FTC and Dave Gelfand from the DoJ, who sat on multiple panels and were thoughtful and open as always. We have stories from the conference today, and more on the way early this week. Meanwhile, your GCR USA team was also in Japan last week for the ABA’s International Cartel Workshop, which was high-quality and saw antitrust-related wagers paid in beer. Anyway, nice to be back! Bring on those frequent flyer miles!

Chairs

Margaret Sanderson

Charles River Associates (Toronto)

Margaret F. Sanderson has in-depth experience analyzing the economic issues inherent in a wide range of mergers, antitrust/competition, class certification, damages, finance, energy, and telecommunications projects. She has consulted to legal counsel, governments, and private-sector clients in a diverse range of industries.

Jason Gudofsky

Blake, Cassels & Graydon LLP (Toronto)

Jason regularly provides strategic advice to domestic and foreign firms involved in merger and joint venture transactions, including providing risk assessments and navigating reviews through the Canadian Competition Bureau. He also provides advice in respect of strategic alliances, unilateral conduct, cartel investigations and compliance matters. Jason has been involved in the negotiation of complex remedies and orders with the Competition Bureau and before the Competition Tribunal in the context of both mergers and cartel investigations. Jason also advises clients with respect to misleading advertising and unfair competition practices.

Keynote Speakers

Renata Hesse

Deputy Assistant Attorney General for Criminal and Civil Operations, US Department of Justice (Washington)

Ms. Renata Hesse has been Head of Antitrust Division at U.S. Department of Justice since April 19, 2016. Ms. Hesse served as Partner in antitrust and trade regulation practice at Wilson Sonsini Goodrich & Rosati, Professional Corporation. Ms. Hesse served as the Deputy Assistant Attorney General for Criminal and Civil Operations in the division for almost four years, according to an April 15 news release. She served as a Senior Counsel to the Chairman of the FCC.

Terrell McSweeny

Commissioner, US Federal Trade Commission (Washington)

Terrell McSweeny was sworn in as a Commissioner of the Federal Trade Commission on April 28, 2014, to a term that expires in September 2017.

Prior to joining the Commission, McSweeny served as Chief Counsel for Competition Policy and Intergovernmental Relations for the U.S. Department of Justice Antitrust Division. She joined the Antitrust Division after serving as Deputy Assistant to the President and Domestic Policy Advisor to the Vice President from January 2009 until February 2012, advising President Obama and Vice President Biden on policy in a variety of areas, including health care, innovation, intellectual property, energy, education, women’s rights, criminal justice and domestic violence.

Speakers

Brian Ratner

Hausfeld (Washington)

Carl Shapiro

Transamerica Professor of Business Strategy, Haas School of Business, University of California, Berkeley (Berkeley)

Daniel Sokol

Professor of Law, Levin College of Law, University of Florida (Gainesville)

Julie Soloway

Blake, Cassels & Graydon LLP (Toronto)

Hal Varian

Chief Economist, Google Inc. (San Francisco)

Stephen Weissman

Baker Botts LLP (Washington)

Joshua Wright

Professor of Law, George Mason University (Arlington)

Beau Buffier

Shearman & Sterling LLP (New York)

Antonio Bavasso

Allen & Overy LLP (London)

Matthew Bennett

Charles River Associates (London)

Logan Breed

Hogan Lovells LLP (Washington)

Carolyn Brue

Assistant General Counsel & Assistant Vice President, Ethics & Compliance Law, Cargill Inc. (Minneapolis)

Brian Byrne

Cleary Gottlieb Steen & Hamilton LLP (Washington)

Richard Cunningham

Gibson, Dunn & Crutcher LLP (Denver)

Miguel Del Pino

Marval, O'Farrell & Mairal (Buenos Aires)

Jon Dubrow

McDermott Will & Emery LLP (Washington)

Deborah Feinstein

Director, Bureau of Competition, US Federal Trade Commission (Washington)

Eliana Garcés Tolón

DG Internal Market, Industry, Entrepreneurship and SMEs, European Commission (Brussels)

David Gelfand

Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)

Adrien Giraud

Willkie Farr & Gallagher LLP (Paris)

Laurent Godfroid

Gide Loyrette Nouel (Brussels)

Wolfgang Deselaers

Linklaters LLP (Brussels)

Michelle Burtis

Charles River Associates (Washington)

Susan Hinchliffe

Arnold & Porter LLP (London)

Mathew Heim

Vice President and Counsel, Qualcomm (London)

Moritz Holm-Hadulla

Gleiss Lutz (Stuttgart)

Kevin Murphy

The George J. Stigler Distinguished Service Professor in Economics, Booth School of Business and the Law School, University of Chicago (Chicago)

Shawn Johnson

Crowell & Moring LLP (Washington)

Youngjin Jung

Kim & Chang (Seoul)

Juhani Kostka

Head of Competition Law, LafargeHolcim (Zürich)

Thomas Kramler

Digital Single Market, European Commission (Brussels)

Francine Lafontaine

Senior Associate Dean, Faculty and Research and William Davidson Professor, Business Economics and Public Policy, Ross School of Business, University of Michigan and Former Director, Bureau of Economics, US Federal Trade Commission (Ann Arbor)

Anna Lyle-Smythe

Slaughter and May (Brussels)

Chul Pak

Wilson Sonsini Goodrich & Rosati (New York)

Sharis Pozen

Vice President, Global Competition and Antitrust, General Electric Company (Washington)

Nick Woodrow

Head of Competition Law, Vodafone Group Services (Reading)

Jeffrey Prisbrey

Charles River Associates (Washington)

Amadeu Ribeiro

Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (New York)

Shuli Rodal

Osler, Hoskin & Harcourt LLP (Toronto)

Christine Varney

Cravath, Swaine & Moore LLP (New York)

Gregg Vicinanza

Chief Counsel, Corporate, BD (New Jersey)

Wolrad Prinz zu Waldeck und Pyrmont

Freshfields Bruckhaus Deringer LLP (Düsseldorf)

Robert Atkins

Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York)

Programme

Thursday, 4 February

8:00pm: Welcome Reception – Sponsored by Blake, Cassels & Graydon LLP

Friday, 5 February

7:30am - 8:30am: Registration / Light Breakfast

8:30am - 9:15am: Chairpersons’ opening remarks

Jason Gudofsky, Blake, Cassels & Graydon LLP (Toronto)
Margaret Sanderson, Charles River Associates
 (Toronto)

Keynote address

Introduction: Daniel Sokol, Professor of Law, Levin College of Law, University of Florida (Gainesville)
Keynote speaker: Renata Hesse, Deputy Assistant Attorney General for Criminal and Civil Operations, US Department of Justice (Washington)

9:15am - 10:45am: Plenary: Five years with the US Merger Guidelines

Moderator: 
Steven Salop, Professor of Economics and Law, Georgetown University (Washington)

Speakers: 
David Gelfand, Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)
Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)
Carl Shapiro, Transamerica Professor of Business Strategy, Haas School of Business, University of California, Berkeley (Berkeley)

10:45am - 11:00am: Coffee break

Concurrent sessions:

11:00am - 12:30pm: Mergers: Mergers in local markets

From Dollar Tree/Family Dollar to Holcim/Lafarge to Poundland/99p, transactions affecting local geographic markets have been front page news on both sides of the Atlantic in recent years. This panel will look beyond the headlines to discuss how leading agencies have assessed competitive effects in both the retail and B2B spaces. The panelists will weigh in on whether geographic market definition is necessary in such cases, and how antitrust agencies examine system-wide effects on innovation, economies of scope and network effects in local market cases. They will also debate the best strategies for formulating remedies where the alleged anticompetitive effects are local and system-wide. 

Moderator: 
Bilal Sayyed, Kirkland & Ellis LLP (Washington)

Speakers: 
Anna Lyle-Smythe, Slaughter and May (Brussels)
Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)
Matthew Bennett, Charles River Associates (London)
Brian Byrne, Cleary Gottlieb Steen & Hamilton LLP (Washington)

11:00am - 12:30pm: Antitrust: An emerging consensus in the FRAND wars

Is a consensus beginning to emerge in the FRAND wars in respect of injunctive relief, arbitration to set royalty rates, and the treatment of patent assertion entities? Or do we continue to have significant disagreements about the role of antitrust in respect of intellectual property rights? Are the antitrust agencies capable of individually regulating competition in respect of standard essential patents? How effective would the agencies be if they were to take the lead on this issue?

Moderator: 
Sven Völcker, Latham & Watkins LLP (Brussels)

Speakers: 
Wolrad Prinz zu Waldeck und Pyrmont, Freshfields Bruckhaus Deringer LLP (Düsseldorf)
Logan Breed, Hogan Lovells LLP (Washington)
Joshua Wright, Professor of Law, George Mason University (Arlington)
Mathew Heim, Vice President and Counsel, Qualcomm (London)
Thomas Kramler, Digital Single Market, European Commission (Brussels)

12:30pm - 2:00pm: Networking lunch

Lunchtime keynote address: 
Introduction: Christine Varney, Cravath, Swaine & Moore LLP (New York)
Keynote speaker: Terrell McSweeny, Commissioner, US Federal Trade Commission (Washington)

Concurrent sessions:

2:00pm - 3:30pm: Mergers: Litigation strategies for mergers

When faced with a merger challenge, how hard should the parties push to get the deal through? What are the best merger litigation strategies to pursue? Do these differ by industry or jurisdiction? What factors should be considered in developing a litigation strategy for mergers? How different are the economic analyses in litigation compared to agency review?

Moderator: 
Lee Van Voorhis, Baker & McKenzie LLP (Washington)

Speakers: 
Richard Cunningham, Gibson, Dunn & Crutcher LLP (Denver)
Sharis Pozen, Vice President, Global Competition and Antitrust, General Electric Company (Washington)
Stephen Weissman, Baker Botts (Washington)
Kevin Murphy, The George J. Stigler Distinguished Service Professor in Economics, Booth School of Business and the Law School, University of Chicago (Chicago)

2:00pm - 3:30pm: Antitrust: Emerging issues in online economies

Online economies have created a range of new businesses and business dynamics, which raise issues in respect of online peer-to-peer business platforms, the assembly and control of big data, cooperation among firms for the purpose of online data security, and the sharing economy. How should antitrust apply to these new businesses and business dynamics?

Moderator: 
George Paul, White & Case LLP (Washington)

Speakers: 
Adrien Giraud, Willkie Farr & Gallagher LLP (Paris)
Chul Pak, Wilson Sonsini Goodrich & Rosati (New York)
Hal Varian, Chief Economist, Google Inc. (San Francisco)
Youngjin Jung, Kim & Chang (Seoul)

3:30pm - 3:45pm: Coffee break

Concurrent sessions:

3:45pm - 5:15pm: Mergers: Who, What, Where, When, Why and How: A practical view on guiding a transaction through the remedy process

When a complex merger is proposed complicated issues proliferate quickly for internal and external counsel alike. This panel will review the "5Ws and 1H" that counsel should consider with respect to merger remedies at the beginning, middle, and end of a transaction. If a remedy is likely to be required, when is the best time to consider a package? Where should a remedy be offered? How and why should negotiations begin - should companies wait for the agency to request a remedy or prospectively seek a buyer and attempt to "fix it first"? What are the enforcing agencies' expectations - are agencies more likely to require complex relief or relatively straightforward remedies? Who is an appropriate divestiture buyer and what factors should be considered?

Moderator: 
Craig Waldman, Jones Day (San Francisco)

Speakers: 
Jon Dubrow, McDermott Will & Emery LLP (Washington)
David Gelfand, Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)
Julie Soloway, Blake, Cassels & Graydon LLP (Toronto)
Juhani Kostka, Head of Competition Law, LafargeHolcim (Zürich)

3:45pm - 5:15pm: Antitrust: Global antitrust litigation - A brave new world

Private antitrust litigation is continuing to develop apace, with the European (public-focused) and US (private-focused) models increasingly converging. Legislative developments are changing legal frameworks to facilitate private class and damage claims, while recent court decisions have clarified some areas of uncertainty. Increasing exposure to antitrust litigation risk globally continues to be important to in-house and external counsel. What are the best litigation and economic strategies to pursue given these developments worldwide?

Moderator: 
Karen Hoffman Lent, Skadden, Arps, Slate, Meagher & Flom LLP (New York)

Speakers: 
Wolfgang Deselaers, Linklaters LLP (Brussels)
Michelle Burtis, Charles River Associates (Washington)
Brian Ratner, Hausfeld (Washington)
Amadeu Ribeiro, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (New York)

5:15pm: Conclusion of day one

7:15pm onwards: Delegates are invited to attend an all-conference dinner at The Forge sponsored by Charles River Associates

Saturday, 6 February

7:30am - 8:30am: Registration / Light Breakfast

8:30am - 10:30am: Plenary: Different strokes for different folks: Regulating distribution practices in the US and EU

Enforcement of distributional practices – for resale price maintenance, territorial restrictions, most-favored nations clauses and other practices – has been disparate as between different jurisdictions. In the United States, there has been little enforcement of distributional practices in the past eight years, whereas European jurisdictions have focused heavily on these types of practices. What are the reasons for this divergence? Is there any possibility of future harmonization? What is the right economic approach to take? Are the different agencies using different economic frameworks when assessing distribution practices?  

Moderator: 
Robert Atkins, Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York)

Speakers: 
Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)
Eliana Garcés Tolón, DG Internal Market, Industry, Entrepreneurship and SMEs, European Commission (Brussels)
Susan Hinchliffe, Arnold & Porter LLP (London)
Francine Lafontaine, Senior Associate Dean, Faculty and Research and William Davidson Professor, Business Economics and Public Policy, Ross School of Business, University of Michigan and Former Director, Bureau of Economics, US Federal Trade Commission (Ann Arbor) 
Gregg Vicinanza, Chief Counsel, Corporate, BD (New Jersey)

10:30am - 10:45am: Coffee break

Concurrent sessions:

10:45am - 12:15pm: Mergers: Mergers in the communications sector - Experiences from the US and Europe

Are the US and European agencies taking different approaches to merger review in telecommunications and media transactions? Is it realistic to forecast (or prescribe) the conditions for entry in these capital intensive and fast evolving industries? Are rivals with different business models capable of preserving the extent of rivalry that would prevail if two incumbents merge? How should remedies be designed for mergers in the communications and media sectors?

Moderator: 
Edurne Navarro, Uría Menéndez Abogados (Brussels)

Speakers: 
Antonio Bavasso, Allen & Overy LLP (London)
Shawn Johnson, Crowell & Moring LLP (Washington)
Nick Woodrow, Head of Competition Law, Vodafone Group Services (Reading)
Jeffrey Prisbrey, Charles River Associates (Washington)

10:45am - 12:15pm: Antitrust: Compliance mission impossible

Do robust and effective compliance programs offer any protection to companies by way of leniency or fine reduction in cartel cases? Without such benefits, are companies being held strictly liable for cartel violations? Should enforcement agencies provide such credit to incentivize companies to adopt robust compliance programs? The panel will address these and other policy questions, as well as practical issues such as avenues for using a company’s compliance efforts when dealing with an antitrust enforcement agency, and how to incentivize companies and its employees to adopt and adhere to compliance programs.

Moderator: 
Edward Schwartz, Steptoe & Johnson (Washington)

Speakers: 
Miguel Del Pino, Marval O'Farrell & Mairal (Buenos Aires)
Shuli Rodal, Osler, Hoskin & Harcourt LLP (Toronto)
Beau Buffier, Shearman & Sterling LLP (New York)
Laurent Godfroid, Gide Loyrette Nouel (Brussels)
Carolyn Brue, Assistant General Counsel & Assistant Vice President, Ethics & Compliance Law, Cargill Inc. (Minneapolis)

12:15pm - 1:15pm: Chairpersons' concluding remarks and lunch

Jason Gudofsky, Blake, Cassels & Graydon LLP (Toronto)
Margaret Sanderson, Charles River Associates
 (Toronto)

1:15pm: Close of conference

Venue

The Ritz-Carlton, South Beach, 1 Lincoln Road, Miami Beach, Miami, 33139, USA

Testimonials

  • "Learned a lot that I can immediately apply in practice"

  • "Very good and interesting.  Good mix of US/EU law/econmics perspective"

  • "I found it very interesting for law firms and lawyers both EU & US. As a Colombian lawyer it was good to be updated on antitrust issues in other countries"

Ticket Prices

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