Coverage

Bid data important but blank cheque divestitures won’t help, says Feinstein

Bid data important but blank cheque divestitures won’t help, says Feinstein

07 February 2017

Two recent US Federal Trade Commission merger victories turned on the use of bidding data, while two recent failed merger remedies would not have been cured by enlarging the divestitures, the agency’s director of competition said on Friday.

DG Comp official distinguishes Microsoft from Google

DG Comp official distinguishes Microsoft from Google

10 February 2017

The issue of access to crucial interoperability information that is protected intellectual property, on which the European Commission’s case against Microsoft turned, is not “in any way relevant” to its case against Google, a head of unit in the enforcer’s policy and strategy directorate said last week.

CADE culture doesn’t allow political interference, commissioner says

CADE culture doesn’t allow political interference, commissioner says

10 February 2017

A member of the administrative tribunal for Brazil’s competition enforcer last week said it has maintained mechanisms that free it from inappropriate public interest considerations.

Brexit may raise CMA’s merger workload by 50%, Coscelli says

Brexit may raise CMA’s merger workload by 50%, Coscelli says

06 February 2017

The acting head of the UK’s competition authority says the loss of a “one-stop shop” for deals will increase the agency’s merger reviews by up to 50%, but is optimistic that relationships with other antitrust enforcers around the world will continue to develop even after the UK leaves the European Union. Alex Wilts at GCR Live in Miami

Engaging the private sector on international cartel enforcement

03 February 2017

Brent Snyder, Acting Assistant Attorney General, US Department of Justice, gave the following speech at GCR Live Miami, as transcribed by GCR.

Chairs

Margaret Sanderson

Vice President, 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.

Jason Gudofsky

Partner, 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.

Keynotes

Maureen Ohlhausen

Acting Chairman, US Federal Trade Commission (Washington)

Maureen K. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission on April 4, 2012, to a term that expires in September 2018. Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where she focused on FTC issues, including privacy, data protection, and cybersecurity.

Andrea Coscelli

Acting Chief Executive, Competition and Markets Authority (London)

Andrea Coscelli is the Acting Chief Executive of the Competition and Markets Authority (CMA), which was established on 1 October 2013 and assumed its full functions and powers on 1 April 2014.

Brent Snyder

Acting Assistant Attorney General, US Department of Justice (Washington)

Speakers

Olivier Antoine

Crowell & Moring LLP (New York)

Rainer Becker

DG Competition, European Commission (Brussels)

Matthew Bennett

Charles River Associates (London)

Rachel Brandenburger

Visiting Fellow, St Hilda’s College, University of Oxford (Oxford)

Marc Brotman

Vice President & Assistant General Counsel, Pfizer (New York)

Noah Brumfield

White & Case LLP (Washington)

Gavin Bushell

Baker & McKenzie LLP (Brussels)

Cristina Caffarra

Charles River Associates (Brussels and London)

George Cary

Cleary Gottlieb Steen & Hamilton LLP (Washington)

Miranda Cole

Covington & Burling LLP (Brussels and London)

Alexandre Cordiero Macedo

Commissioner, Administrative Council for Economic Defense (CADE), (Brasília)

Gopal Das Varma

Charles River Associates (Washington)

Miguel del Pino

Marval, O'Farrell & Mairal (Buenos Aires)

Martim Della Valle

Vice President, Compliance, Competition and Litigation, Anheuser-Busch InBev (Brussels)

Ulrich Denzel

Gleiss Lutz (Stuttgart)

Jordan Ellison

Slaughter and May (Brussels)

Yonatan Even

Cravath, Swaine & Moore LLP (New York)

Deborah Feinstein

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

Jamillia Ferris

Wilson Sonsini Goodrich & Rosati (Washington)

Melissa Fisher

Associate Deputy Commissioner, Mergers, Government of Canada (Quebec)

Joshua Gans

Professor of Strategic Management, Rotman School of Management, University of Toronto and The Brattle Group (Toronto)

Katrin Gassner

Freshfields Bruckhaus Deringer LLP (Düsseldorf)

Matías Giaccardi

Senior Counsel, Abbott (Buenos Aires)

Calvin Goldman QC

Goodmans LLP (Toronto)

Ronan Harty

Davis Polk & Wardwell LLP (New York)

Renata Hesse

Former Acting Assistant Attorney General, Antitrust Division, US Department of Justice (Washington)

Catherine Higgs

Global Head of Competition Law, GlaxoSmithKline (London)

Peter Huston

Sidley Austin LLP (San Francisco)

Sarah Jordan

Kirkland & Ellis LLP (London)

Hanno Kaiser

Latham & Watkins LLP (San Francisco)

Nicole Kar

Linklaters LLP (London)

Joseph Krauss

Hogan Lovells LLP (Washington)

Kai-Uwe Kühn

Professor of Economics, University of East Anglia (Norwich)

Andrew Lacy

Simpson Thacher & Bartlett LLP (Washington)

Robert Mahnke

Senior Director, Global Core Payments and Competition, Pay Pal (San Francisco)

Susan Ning

King & Wood Mallesons (Beijing and Sanya)

Marc Pittie

Bredin Prat (Brussels)

Tara Reinhart

Skadden, Arps, Slate, Meagher & Flom LLP (Washington)

Leonardo Peres Da Rocha e Silva

Pinheiro Neto (Brasília)

William Rooney

Willkie Farr & Gallagher LLP (New York)

Nancy Rose

Charles P. Kindleberger Professor of Applied Economics, MIT Department of Economics (Cambridge)

Barbara Rosenberg

Barbosa, Müssnich, Aragão (São Paulo and Rio de Janiero)

Charles (Rick) Rule

Paul, Weiss, Rifkind, Wharton & Garrison LLP (Washington)

Steven Salop

Professor of Economics and Law, Georgetown University (Washington)

Fiona Schaeffer

Milbank, Tweed, Hadley & McCloy LLP (New York)

Daniel Sokol

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

Joshua Soven

Gibson, Dunn & Crutcher LLP (Washington)

Steven Tenn

Charles River Associates (Washington)

John Terzaken

Allen & Overy LLP (Washington)

Joanna Tsai

Charles River Associates (Washington)

David Wales

Jones Day (Washington)

Stephen Weissman

Baker Botts LLP (Washington)

Mark Whitener

Senior Counsel, Competition Law & Policy, General Electric (Washington)

Stephen Wisking

Herbert Smith Freehills LLP (London)

Micah Wood

Blake, Cassels & Graydon LLP (Toronto)

Tero Louko

Senior Competition Counsel, Google (Brussels)

Programme

Thursday, 2 February

7.00pm - 9.00pm - Welcome reception - Sponsored by Blake, Cassels & Graydon LLP

Friday, 3 February

7.30am - 8.30am: Registration / Light breakfast

8.30am - 9.15am: Chairpersons' opening remarks and keynote address

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

Keynote speaker introduction
Daniel Sokol, Professor, Levin College of Law, University of Florida (Gainesville) 

Keynote address
Maureen Ohlhausen, Acting Chairman, US Federal Trade Commission (Washington)

9.15am - 10.45am: Plenary: Obama Antitrust Enforcement: Successes, Challenges and Difficult Issues

With a change in the US administration following the November election, this distinguished panel of US antitrust enforcement leaders will discuss the successes, challenges and difficult issues in recent US federal antitrust enforcement.

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

Panel:
Deborah Feinstein,
Director, Bureau of Competition, US Federal Trade Commission (Washington)
Nancy Rose
, Charles P. Kindleberger Professor of Applied Economics, MIT Department of Economics (Cambridge)
Renata Hesse, Former 
Acting Assistant Attorney General, Antitrust Division, US Department of Justice (Washington)

10.45am - 11.00am: Coffee break

Concurrent sessions:

11.00am - 12.30pm: Merger: 2016 Merger Challenges Retrospective

  • How has the field of play for challenging mergers (and defending against challenged mergers) changed in the past year and the past several years? 
  • Are U.S. agencies better merger litigators as a result of their recent experiences (compared with the paucity of litigation between 2000 – 2008)?  Does the litigation success of U.S. agencies result in a reluctance to litigate by parties to a challenging merger?
  • What is the litigation and enforcement landscape in the EU and how has it changed?
  • How has the use and role of economic evidence evolved in merger challenges in the past ten years?  Which merger challenges in 2016 made the most use of economic evidence?

Moderator:
Jamillia Ferris,
Wilson Sonsini Goodrich & Rosati (Washington)

Panel:
Andrew Lacy,
Simpson Thacher & Bartlett LLP (Washington)
Jordan Ellison,
Slaughter and May (Brussels)
Tara Reinhart,
Skadden, Arps, Slate, Meagher & Flom LLP (Washington)
Martim Della Valle,
Vice President, Compliance, Competition and Litigation, Anheuser-Busch InBev (Brussels)
Gopal Das Varma,
Charles River Associates (Washington)

11.00am - 12.30pm: Antitrust: Crimes and Convergence: Trends in Enforcement Against Collusion

This panel will discuss trends in cartel enforcement from around the world, including:

  • Converging evidentiary standards: Are evidentiary standards for establishing illegal agreements as different between the United States and Europe as they once were, or is this changing? Have FTC investigations of invitations to collude affected this difference?
  • Individual prosecutions. What has been the effect of the Yates memos (in the United States) and other calls for white collar accountability been on the criminal prosecution of individuals for cartel activities? Has the prosecution of individuals in the UK been a success to date? In what other jurisdictions are practitioners likely to see an increase in prosecutions of individuals?
  • Information exchange. What approach is taken by different jurisdictions regarding exchange of information between competitors? What practices may raise the risk of enforcement?
  • End of major cases. As an era of cartel enforcement that was defined by automotive and financial industry cases comes to an end, what are the important contributions these cases have made to how companies and counsel deal with cartels?
  • Economic evidence. What are recent developments for demonstrating economic harm (or the absence of it) in cartels?

Moderator:
Barbara Rosenberg,
Barbosa, Müssnich, Aragão (São Paulo)

Panel:
John Terzaken,
Allen & Overy LLP (Washington)
Ulrich Denzel,
Gleiss Lutz (Stuttgart)
Stephen Wisking,
Herbert Smith Freehills LLP (London)
Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)
Brent Snyder, Acting Assistant Attorney General, US Department of Justice (Washington)

12.30pm - 2.00pm: Networking lunch sponsored by Latham & Watkins

Lunchtime keynote address
Brent Snyder, Acting Assistant Attorney General, US Department of Justice (Washington)

Concurrent sessions:

2.00pm - 3.30pm: Merger: Market Definition in Changing Industries

When industries evolve in response to customer demand and supplier innovation, government agencies and courts can be slow to respond. Can you effectively advocate for a client in an evolving industry where the markets have been previously defined?

Join our panel of private practitioners, in-house counsel, and an economist, as they discuss current trends and practices in market definition in changing industries.  They will discuss industries in which markets have been re-defined, consider how to assess whether a market definition is still viable, and address the role of economic evidence in establishing a new market.

Have you ever tried to persuade an antitrust enforcer to adopt a new market definition? Hear how courts and agencies have responded to proposed new market definitions and get tips on best practices when proposing your own.

Moderator:
William Rooney,
Willkie Farr & Gallagher LLP (New York)

Panel:
Joseph Krauss,
Hogan Lovells LLP (Washington)
Miranda Cole,
Covington & Burling LLP (Brussels)
Stephen Weissman,
Baker Botts LLP (Washington)
Marc Brotman,
Vice President & Assistant General Counsel, Pfizer (New York)
Steven Tenn,
Charles River Associates (Washington)

2.00pm - 3.30pm: Antitrust: How to Avoid Picking Up the Tab for Antitrust Liability: Implications For M&A and JVs

  • Parental/shareholder liability: Where does the law stand today on shareholder liability for a subsidiary's antitrust breach? Lessons from Europe and the Americas.
  • Minimizing antitrust risk in the M&A context: The role of pre- and post-acquisition due diligence and contractual risk allocation in diminishing a purchaser's antitrust exposure.
  • Compliance and mitigating antitrust risk during the investment period: How can parent companies and their portfolio companies effectively manage risk and reduce the prospect of repeat violations in an environment of heightened antitrust enforcement globally?

Moderator:
Fiona Schaeffer,
Milbank, Tweed, Hadley & McCloy LLP (New York)

Panel:
Sarah Jordan,
Kirkland & Ellis LLP (London)
Peter Huston,
Sidley Austin LLP (San Francisco)
Matías Giaccardi,
Senior Counsel, Abbott (Buenos Aires)
Leonardo Peres Da Rocha e Silva, Pinheiro Neto (Brasília)

3.30pm - 3.45pm: Coffee break

Concurrent sessions:

3.45pm - 5.15pm: Merger: The Path Less Trodden

  • Is “public interest” becoming a more common topic of discussion in merger control proceedings?  Should it be a greater (or lesser) mode of analysis in merger matters? How are different antitrust regimes tasked with approaching or considering the “public interest”?
  • How should agencies be looking at pipeline products and other innovation issues when reviewing mergers? What role does the analysis of innovation competition currently play in merger review across the globe?
  • How do different antitrust regimes approach the evaluation of efficiencies and what effect does that have on cross-border merger reviews? Are evidentiary standards for assessing efficiencies evolving as efficiencies are asserted more frequently and agencies develop more experience with their evaluation?

Moderator:
Micah Wood,
Blake, Cassels & Graydon LLP (Toronto)

Panel:
George Cary,
Cleary Gottlieb Steen & Hamilton LLP (Washington)
Gavin Bushell,
Baker & McKenzie LLP (Brussels)
Ronan Harty,
Davis Polk & Wardwell LLP (New York)
Catherine Higgs,
Global Head of Competition Law, GlaxoSmithKline (London)
Joanna Tsai,
Charles River Associates (Washington)

3.45pm - 5.15pm: Antitrust: Enforcement is Just a Click Away: Competition Issues in E-Commerce

This panel will review will discuss key topics for antitrust enforcement in the e-commerce sector, including:

  • What type of conduct may lead to enforcement actions for e-commerce companies (i.e. geoblocking, pricing algorithms)?
  • How are investigations of Google and the European Commission’s e-commerce sectoral inquiry influencing the counselling of companies that sell products over the internet?
  • How are market power, and the durability of market power, measured in the e-commerce enforcement context? 
  • What remedies are effective in the e-commerce context? 

Moderator:
Marc Pittie,
Bredin Prat (Brussels)

Panel:
Hanno Kaiser,
Latham & Watkins LLP (San Francisco)
Katrin Gassner,
Freshfields Bruckhaus Deringer LLP (Düsseldorf)
Cristina Caffarra,
Charles River Associates (Brussels and London)
Robert Mahnke, Senior Director, Global Core Payments and Competition, Pay Pal (San Francisco)
Andrea Coscelli, Acting Chief ExecutiveCompetition and Markets Authority (UK)

5.15pm: Conclusion of day one

Evening: Delegates are invited to attend an all-conference dinner sponsored by Charles River Associates

Saturday, 4 February

7.30am - 8.30am: Registration / Light breakfast

8.30am - 9.00am: Keynote address

Andrea Coscelli, Acting Chief ExecutiveCompetition and Markets Authority (UK)

Concurrent sessions:

9.15am - 10.45am: Merger: Intervention and Remedies in Global Mergers

  • There is a line of recent cases where the remedies, both structural and behavioural, have exceeded the geographic or theory of harm perimeter identified by the agency; why has this occurred and is it legitimate? 
      • Are incidents of agencies seeking remedies for allegedly anti-competitive behavior through the guise of a merger remedy on the rise?  Is this appropriate?
  • After a handful of high profile failed remedies, how are agencies changing their approach to evaluating the likelihood that a remedy will succeed?  Is the purchaser’s business plan now as important as the divestiture package?  Do failed remedies suggest more up-front remedies will be required? What does the future hold in terms of merger remedies in the U.S.?
  • Should there be a framework for inter-agency cooperation in global cases involving global remedies?  Should there be a system to determine which agencies are best placed to negotiate the global remedy, and how would that work?

Moderator:
Noah Brumfield,
White & Case LLP (Washington)

Panel:
Nicole Kar,
Linklaters LLP (London)
David Wales,
Jones Day (Washington)
Mark Whitener,
Senior Counsel, Competition Law & Policy, General Electric (Washington)
Melissa Fisher,
Associate Deputy Commissioner, Mergers, Government of Canada (Quebec)
Matthew Bennett,
Charles River Associates (London)

9.15am - 10.45am: Antitrust: Interoperability and Antitrust

  • When is it appropriate for competition law agencies to pursue interoperability as a remedy for anti-competitive conduct?
  • Can competition agencies effectively assess and supervise industrial design decisions that impact a dominant firm’s competitors’ ability to compete (whether the industrial design decisions are made ex ante or ex post)?
  • Is there actual evidence of mandated interoperability impacting conduct by dominant firms?

Moderator:
Olivier Antoine,
Crowell & Moring LLP (New York)

Panel:
Yonatan Even,
Cravath, Swaine & Moore LLP (New York)
Susan Ning,
King & Wood Mallesons (Beijing)
Rainer Becker, DG Competition, European Commission (Brussels)
Tero Louko, Senior Competition Counsel, Google (Brussels)
Joshua Gans, Rotman School of Management, University of Toronto and The Brattle Group (Toronto)

10.45am - 11.00am: Coffee break

11.00am - 12.45pm: Plenary: Enforcers or Regulators?

As many markets become more complex and globalized, competition authorities are facing increasingly challenging decisions with respect to their review of transactions and conduct by firms with large market shares.  For some competition authorities, traditional antitrust enforcement tools may appear inadequate, leading the authorities to consider more regulation-style remedies.  This panel will discuss the key issues underlying whether competition authorities are more likely to function as enforcers or regulators in the upcoming years: 

  • What is the role of politics in antitrust and regulatory policy, is it changing, and does it vary by jurisdiction?
  • To what extent are workforce reductions a legitimate efficiency within the proper ambit of competition enforcers?
  • How closely should competition authorities coordinate with sectoral regulators or other public authorities when reviewing transactions, particularly with respect to public interest considerations?
  • What is the role of economists in designing regulatory remedies?
  • Should the courts have a role in a regulatory approach to competition policy?

Moderator:
Joshua Soven,
Gibson, Dunn & Crutcher LLP (Washington)

Panel:
Rachel Brandenburger
Alexandre Cordiero Macedo,
Administrative Council for Economic Defense (CADE), (Brasília)
Charles (Rick) Rule,
Paul, Weiss, Rifkind, Wharton & Garrison LLP (Washington)
Kai-Uwe Kühn,
Professor of Economics, University of East Anglia (Norwich)
Calvin Goldman
, Goodmans LLP (Toronto)

12.45pm: Chairpersons' concluding remarks and lunch

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


 

Venue

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

Testimonials

  • "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"

  • "Learned a lot that i can immediately apply in practice."

  • "A very strong event" Robert Mahnke, Paypal

Ticket Prices

Registration is unavailable