Friday - Saturday, 2 - 3 February 2018, Miami, USA

Overview

Global Competition Review is pleased to present a premier one and a half day international conference, to be held at W South Beach, Miami on 2-3 February 2018, in association with Charles River Associates.

GCR has a preferential booking rate at W South Beach, for the nights of 1 - 3 February (inclusive). For more information, please contact Emma.Brown@lbresearch.com

E-mail Tel: +44 20 3780 4137

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

Esteban Greco

President, National Commission for Competition Defence (CNDC) (Argentina)

Esteban Manuel Greco is the President of the Comisión Nacional de Defensa de la Competencia (CNDC) in Argentina. Previously, he was an international consultant for public and private organizations on competition policy, economic regulation, and energy economics from 2001 to 2015 and a partner at GPR Economía SA from 2009 to 2015.

Bruce Hoffman

Acting Director, Bureau of Competition, Federal Trade Commission (Washington, DC)

Bruce Hoffman is Acting Director of the Bureau of Competition at the US Federal Trade Commission. Bruce came to the FTC from Shearman & Sterling, where he was global co-head of the firm’s antitrust practice. Previously, Bruce served as chair of Hunton & Williams’ antitrust practice, and prior to that, as Deputy Director and Associate Director of the FTC’s Bureau of Competition.

Stanislas Martin

General Rapporteur, French Competition Authority (Paris)

Stanislas specialises in French and European competition law, particularly mergers and State aids, as well as European corporate law, European law on free movement of capital and on the right of establishment. He is experienced in legislative procedures at the European Community and French level.

Barry Nigro Jr.

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

Bernard (Barry) A. Nigro Jr. serves as Deputy Assistant Attorney General in the Antitrust Division of the United States Department of Justice.  Mr. Nigro has previously served as Deputy Director of the Federal Trade Commission’s Bureau of Competition, Chair of the Antitrust Department of Fried, Frank, Harris, Shriver & Jacobson LLP, and Vice Chair of the American Bar Association’s Section of Antitrust Law. 

Speakers

Svend Albaek

Deputy Chief Economist, DG Competition, European Commission (Brussels)

Juan Arteaga

Crowell & Moring LLP (New York)

Antonio Bavasso

Allen & Overy LLP (London)

Matthew Bennett

Charles River Associates (London)

Claudia Berg

Senior Legal Director, Antitrust Enforcement, Competition and Markets Authority (London)

Rachel Brandenburger

Visiting Research Fellow, Centre for European & Comparative Law, University of Oxford (Oxford)

Logan Breed

Hogan Lovells International LLP (Washington, DC)

Beau Buffier

Chief of Antitrust Bureau, Office of the Attorney General (New York)

Cristina Caffarra

Charles River Associates (Brussels and London)

Jeremy Calsyn

Cleary Gottlieb Steen & Hamilton LLP (Washington, DC)

Matthew Chiasson

Senior Competition Law Officer, Competition Bureau (Canada)

Lilla Csorgo

Head - Economics and Policy, Hong Kong Competition Commission (Hong Kong)

Miguel del Pino

Marval, O'Farrell & Mairal (Buenos Aires)

Ulrich Denzel

Gleiss Lutz (Stuttgart and Brussels)

Michael Egge

Latham & Watkins LLP (Washington, DC)

David Ernst

Antitrust and Competition Law Counsel, 3M (Minneapolis)

Debbie Feinstein

Arnold & Porter Kaye Scholer LLP (Washington, DC)

Kojiro Fujii

Nishimura & Asahi LPC (Tokyo)

Mark Hamer

Baker McKenzie (Washington, DC)

Ronan Harty

Davis Polk & Wardwell LLP (New York)

Karl Hennessee

Senior Vice-President, Head of Litigation & Investigations - Airbus Group Legal & Compliance, Airbus SAS (Blagnac)

Janet Hui

JunHe LLP (Beijing)

Susan Hutton

Stikeman Elliott (Ottawa)

Ken Isley

Advisor, Agriculture Division, DowDuPont (Brownsburg)

Nelson Jung

Clifford Chance LLP (London)

Gunnar Kallfaß

Head of Unit, European and German Antitrust, Bundeskartellamt (Bonn)

Michael Knight

Jones Day (Washington, DC)

Kai-Uwe Kühn

Professor of Economics, School of Economics, University of East Anglia (Norwich)

William Lavery

Baker Botts LLP (Washington, DC)

Ethan Litwin

Dechert LLP (New York)

Anna Lyle-Smythe

Slaughter and May (Brussels)

Greg McCurdy

Director, Litigation and Global Competition Law, Uber Technologies (San Francisco)

Julie North

Cravath, Swaine & Moore LLP (New York)

George Paul

White & Case LLP (Washington, DC)

Sharis Pozen

Vice President, Global Competition Law & Policy, General Electric (Washington, DC)

Simon Pritchard

Linklaters LLP (London)

Marie-Cécile Rameau

Bredin Prat (Paris)

Matthew Reilly

Kirkland & Ellis LLP (Washington, DC)

Barbara Rosenberg

Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)

Michael Salinger

Jacqueline J. and Arthur S. Bahr Professor of Management and Professor of Economics, Questrom School of Business, Boston University (Boston)

Steven Salop

Professor of Economics and Law, Georgetown University (Washington, DC)

Debbie Salzberger

Blake, Cassels & Graydon LLP (Toronto)

Howard Shelanski

Professor of Law, Georgetown University (Washington, DC)

Scott Andrew Sher

Wilson Sonsini Goodrich & Rosati (Washington, DC)

Greg Sivinski

Assistant General Counsel, Antitrust, Microsoft Corporation (Redmond)

D. Daniel Sokol

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

Joshua Soven

Gibson, Dunn & Crutcher LLP (Washington, DC)

Randy Stutz

Associate General Counsel, American Antitrust Institute (Washington, DC)

Valerie Suslow

Professor and Vice Dean for Faculty & Research, The Johns Hopkins Carey Business School (Baltimore)

Maren Tamke

Freshfields Bruckhaus Deringer LLP (Berlin)

John Terzaken

Simpson Thacher & Bartlett (Washington, DC)

Ingrid Vandenborre

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

Michael Vita

Acting Director, Bureau of Economics, Federal Trade Commission (Washington, DC)

Kirsten Webb

Clayton Utz (Sydney)

Kevin Yingling

Senior Competition Counsel, Google (Washington, DC)

Susanne Zuehlke

Willkie Farr & Gallagher LLP (Brussels)

Programme

Thursday, 1 February

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

Friday, 2 February

7.30am - 8.30am: Registration / light breakfast

8.30am - 8.45am: Chairpersons' opening remarks

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

8.45am - 9.15am: Keynote address

Keynote speaker introduction:
Joshua Soven, Gibson, Dunn & Crutcher LLP (Washington, DC)

Keynote address:
Barry Nigro Jr., Deputy Assistant Attorney General, US Department of Justice (Washington, DC)

9.15am - 10.45am: Plenary: Economist roundtable

Moderator:
Debbie Feinstein, Arnold & Porter Kaye Scholer LLP (Washington, DC)

Panel:
Svend Albaek, Deputy Chief Economist, DG Competition, European Commission (Brussels)
Lilla Csorgo, Head - Economics and Policy, Hong Kong Competition Commission (Hong Kong)
Michael Vita, Acting Director, Bureau of Economics, Federal Trade Commission (Washington, DC) 

10.45am - 11.15am: Coffee break

11.15am - 12.30pm: (Concurrent sessions)

Merger: No predicted price increase: The entire story or just one act?

Merger analysis has increasingly begun to look beyond classical price effects to consider qualitative factors such as loss of opportunity, loss of choice, barriers to innovation etc. When would it be appropriate, if ever, for an antitrust agency to consider a remedy in a case where the only alleged competitive harm is a qualitative effect without any predicted price increase?

  • Are horizontal mergers bad for innovation? 
  • How can merger control procedures account for non-price effects where they do not occur alongside price effects?  Are there emerging norms worldwide for the treatment of non-price effects?
  • Which industries are most likely to be most affected in terms of innovation, choice and opportunity?

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

Panel:
Matthew Bennett, Charles River Associates (London)
Susan Hutton, Stikeman Elliott (Ottawa)
Ken Isley, Advisor, Agriculture Division, DowDuPont (Brownsburg)
Nelson Jung, Clifford Chance LLP (London)
Matthew Reilly, Kirkland & Ellis LLP (Washington, DC)

Antitrust: Deterrence in cartel enforcement: Have we passed the breaking point, or is there room left to hurt?

This panel will consider the effect of deterrence on modern cartel compliance.

  • Headlines of ever increasing cartel fines and long jail sentences (and sentences from new jurisdictions) have receded.  What have we learned?
  • Has the run up in cartel fine levels and jail sentences caught the attention of clients?  Has business behaviour been changed as a result of a deterrent effect? 
  • What has been the effect of deterrence on modern compliance as opposed to other cultural and legal currents / developments that may have also encouraged compliance (e.g., improvements in corporate governance, changes in workplace culture / accountability, more diversity in the workplace, expansion of parent / subsidiary liability, etc.).

Moderator:
William Lavery, Baker Botts LLP (Washington, DC)

Panel:
Beau Buffier, Chief of Antitrust Bureau, Office of the Attorney General (New York)
Jeremy Calsyn, Cleary Gottlieb Steen & Hamilton LLP (Washington, DC)
Ulrich Denzel, Gleiss Lutz (Stuttgart and Brussels)
Barbara Rosenberg, Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)
Valerie Suslow, Professor and Vice Dean for Faculty & Research, The Johns Hopkins Carey Business School (Baltimore)

12.30pm - 2.00pm: Networking lunch sponsored by Baker McKenzie and lunchtime keynote address

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

Keynote address:
Bruce Hoffman, Acting Director, Bureau of Competition, Federal Trade Commission (Washington, DC)

2.00pm - 3.15pm: (Concurrent sessions)

Merger: Rethinking settlement in merger cases

In recent years, settling a merger case has become more difficult. Agencies worldwide have become much more particular about divestiture remedies, as they have become more sceptical of merger-related benefits. As a result, there is a perception among some in the bar that the list of demands from agencies has grown longer, even in cases where such demands may hamper efforts to resolve limited issues in otherwise very pro-competitive transactions. 

The FTC's recent review of merger remedies found that all divestitures ordered during the review period were successful in maintaining or restoring competition in the affected market. This panel will debate whether divestitures are ever an effective way to address concerns in horizontal versus whether the agencies ask too much of merging parties in reaching a settlement.

  • What are the panellist's views of the FTC's recent remedy study and the approach used by the Commission to evaluate its remedy orders?
  • What is the appropriate way to assess the impact and effectiveness of a divestiture in a merger case?
  • Do recent divestiture failures suggest that structural remedies are ineffective? What market characteristics suggest careful consideration should be given to whether a divestiture is effective? How can antitrust agencies make divestitures more effective in these cases?

Moderator:
Juan Arteaga, Crowell & Moring LLP (New York)

Panel:
Janet Hui, JunHe LLP (Beijing)
Anna Lyle-Smythe, Slaughter and May (Brussels)
Julie North, Cravath, Swaine & Moore LLP (New York)
Sharis Pozen, Vice President, Global Competition Law & Policy, General Electric (Washington, DC)
Steven Salop, Professor of Economics and Law, Georgetown University (Washington, DC)

Antitrust: Market power in e-commerce platforms: Plausible or fantasy?

The modern economy is characterized by a number of online companies that are expanding their operations that touch multiple industry verticals. We have seen the emergence of a number of significant e-commerce platforms that have become ubiquitous. Are these platforms emerging as a potential issue for antitrust regulators or can e-commerce platforms never, as a practical matter, raise antitrust concerns?  How should antitrust regulation and enforcement apply to the emergence of these platforms? Issues to be considered include:

  • Is e-commerce a market on to its own - from either the purchase side or sell side, or is it, and will it always be, subsumed within a broader retail market? Can the analysis change when focusing on e-commerce platforms rather than the activity of selling products online? What is the appropriate approach to market definition when it comes to e-commerce and e-commerce platforms?
  • Will regulators apply traditional concepts of portfolio/conglomerate effects to e-commerce platforms and should they?
  • How should regulators approach economic power issues when considering significant e-commerce platforms - should they consider impacts on suppliers and workers as part of the traditional price/output antitrust analysis?
  • What do regulators need to do to ensure that any regulatory scrutiny and intervention preserves the benefits that large e-commerce verticals create for consumers and the incentives for e-commerce platforms to continue to innovate and become more efficient?
  • Do the EU and US (and other regimes) have the tools necessary to investigate and, if necessary, take action against perceived anticompetitive conduct undertaken by e-commerce platforms without unduly harming consumer welfare or innovation?

Moderator:
Mark Hamer, Baker McKenzie (Washington, DC)

Panel:
Bruce Hoffman, Acting Director, Bureau of Competition, Federal Trade Commission (Washington, DC)
Gunnar Kallfaß, Head of Unit, European and German Antitrust, Bundeskartellamt (Bonn)
Greg McCurdy, Director, Litigation and Global Competition Law, Uber Technologies (San Francisco)
Michael Salinger, Jacqueline J. and Arthur S. Bahr Professor of Management and Professor of Economics, Questrom School of Business, Boston University (Boston)
Maren Tamke, Freshfields Bruckhaus Deringer LLP (Berlin)

3.15pm - 3.45pm: Coffee break

3.45pm - 5.00pm: (Concurrent sessions)

Merger: Merger efficiencies: The great divide

With the exception of Canada, in most jurisdictions, including the US and EU, efficiencies are simply a factor in an integrated rule of reason analysis. Given recent decisions in the US, in which mergers were blocked despite cognizable gains to efficiencies, is the tide likely to turn? This panel will discuss whether efficiencies are likely to become a concern for the US agencies in antitrust analysis - and whether the ‘tipping point' is imminent.

  • How do policy objectives between countries differ with regards to considering efficiencies in antitrust analysis?
  • How have market trends towards liberalization impacted greater consideration of merger efficiencies?
  • How does increased emphasis on innovation impact the extent to which efficiencies are considered in antitrust analysis?
  • How do we define "consumer welfare" and how does this consideration impact efficiency?
  • How are anti-competitive effects and efficiencies quantified for the purposes of the efficiencies defence? How best are qualitative effects assessed and considered?
  • To what extent should cost saving efficiencies be considered in antitrust analysis?
  • Why shouldn't agencies consider out of market efficiencies?

Moderator:
Michael Knight, Jones Day (Washington, DC)

Panel:
Antonio Bavasso, Allen & Overy LLP (London)
Matthew Chiasson, Senior Competition Law Officer, Competition Bureau (Canada)
Michael Egge, Latham & Watkins LLP (Washington, DC)
George Paul, White & Case LLP (Washington, DC)
Margaret Sanderson, Vice President, Charles River Associates (Toronto)

Antitrust: Protectionism: How will it manifest itself in antitrust?

This panel will discuss the ways the rising tide of protectionism - seen in the election of Donald Trump in the United States, the successful "Brexit" vote and the success of non-major party candidates in French elections (as elsewhere)

  • If protectionism is to come to the fore, how are antitrust laws and their application likely to change in countries where leaders pursue policies of economic protectionism?
  • What will change about merger control, for both domestic and international mergers? What will change about enforcement, for both domestic and international conduct?
  • Is it likely that the protectionist wave will counteract the increasing international cooperation between agencies?

Moderator:
D. Daniel Sokol, Professor, Levin College of Law, University of Florida (Gainesville)

Panel:
Rachel Brandenburger, Visiting Research Fellow, Centre for European & Comparative Law, University of Oxford (Oxford)
Ronan Harty, Davis Polk & Wardwell LLP (New York)
Karl Hennessee, Senior Vice-President, Head of Litigation & Investigations - Airbus Group Legal & Compliance, Airbus SAS (Blagnac)
Simon Pritchard, Linklaters LLP (London)
Randy Stutz, Associate General Counsel, American Antitrust Institute (Washington, DC)

5.00pm: Conclusion of day one

Evening: All delegates are invited to attend an all-conference dinner at The Forge Restaurant, sponsored by Charles River Associates.

Saturday, 3 February

7.30am - 8.30am: Registration / light breakfast

8.30am - 9.00am: Keynote address

Stanislas Martin, General Rapporteur, French Competition Authority (Paris)

9.00am - 10.15am: (Concurrent sessions)

Merger: Small mergers, big issues

As market dynamics shift, particularly in the technology sector, acquisitions that are small by revenues and/or assets standards may have increasingly large competitive effects. In an age where un-monetized data, or potential future disruption can be powerful market forces, are antitrust regulators asking the right questions?

  • Are current merger review thresholds capturing the true competitive effects of smaller mergers? How should regulators assess the value or competitive effects of data-access or potential disruption?
  • What is the appropriate way to look at mergers which present potential anticompetitive effects in the future, rather than a lessening of competition today?
  • Should merger review be based on factors other than revenue or size thresholds, for example, non-price effects, potential network benefits, or platform considerations?

Moderator:
Debbie Salzberger, Blake, Cassels & Graydon LLP (Toronto)

Panel:
David Ernst, Antitrust and Competition Law Counsel, 3M (Minneapolis)
Marie-Cécile Rameau, Bredin Prat (Paris)
Howard Shelanski, Professor of Law, Georgetown University (Washington, DC)
Scott Andrew Sher, Wilson Sonsini Goodrich & Rosati (Washington, DC)
Kirsten Webb, Clayton Utz (Sydney)

Antitrust: Online cartels: Algorithm or collusion?

The online economy has become increasingly sophisticated, raising questions about the extent to which automatic algorithms sophisticated data analysis can lead to inadvertent, or more sophisticated forms of collusion. As competitors and their algorithms gain deeper vision into each other's pricing strategies, is the potential for online cartel activity is on the rise?

  • How has the flow of information and signalling between competitors changed in the wake of the rise of sophisticated data and algorithmic capabilities?
  • How are global competition enforcement agencies approaching algorithmic price setting?
  • Do the potential pro-competitive effects of sophisticated algorithms outweigh an increased capacity for collusion?
  • Are current antitrust laws equipped to deal with the growing potential for "automatic" or tacit collusion in a big-data world?

Moderator:
Ethan Litwin, Dechert LLP (New York)

Panel:
Kai-Uwe Kühn, Professor of Economics, School of Economics, University of East Anglia (Norwich)
Barry Nigro Jr., Deputy Assistant Attorney General, US Department of Justice (Washington, DC)
John Terzaken, Simpson Thacher & Bartlett (Washington, DC)
Kevin Yingling, Senior Competition Counsel, Google (Washington, DC)
Susanne Zuehlke, Willkie Farr & Gallagher LLP (Brussels)

10.15am - 10.45am: Coffee break

10.45am - 12.15pm: Plenary: Big data: Essentially yours or essential facility?

This panel will discuss antitrust issues that have arisen from various regulators' consideration of "big data", as well as other considerations related to the regulation of new business models.

  • When does "big data" become an essential facility?
  • When can data collection amount to a barrier to entry? How can antitrust authorities determine when data is "nonrivalrous" versus proprietary to a particular party's products or services?  
  • What considerations must be made to determine which data are substitutes for others? Are there significant differences between mobile "observed" data, data that is attached to an event or user interaction, and "static"/"persistent" data from an antitrust or market definition perspective? What characteristics of a data set raise foreclosure concerns.
  • Who owns data? Is antitrust the best tool to tackle "big data" issues or is privacy law necessarily a key component?
  • How do machines "learn", and what are the differences between basic machine learning and artificial intelligence? Are all "data" created equal, e.g., the "new oil" for these purposes?
  • Do we need to adapt the regulatory paradigm to meet the challenges of the rapidly changing economy? How to find the balance between necessary regulation and the need for innovation and new solutions?
  • What new business models are most difficult to regulate and enforce? Is antitrust equipped to deal with the explosion of online products and services based on machine learning and AI?
  • How might the analysis change for different types of data and different industries?
  • Is a so-called "efficiency offense" - i.e. a call to "level the playing field" by opening a company's data set to competitors - an appropriate policy from an economic or legal perspective?

Moderator:
Logan Breed, Hogan Lovells International LLP (Washington, DC)

Panel:
Claudia Berg, Senior Legal Director, Antitrust Enforcement, Competition and Markets Authority (London)
Cristina Caffarra, Charles River Associates (Brussels and London) 
Kojiro Fujii, Nishimura & Asahi LPC (Tokyo)
Greg Sivinski, Assistant General Counsel, Antitrust, Microsoft Corporation (Redmond)
Ingrid Vandenborre, Skadden, Arps, Slate, Meagher & Flom LLP (Brussels)

12.15pm - 12.45pm: Keynote address

Keynote speaker introduction:
Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)

Keynote address:
Esteban Greco, President, National Commission for Competition Defence (CNDC), (Argentina)

12.45pm: Chairpersons' closing remarks and networking lunch

Venue

W South Beach, 2201 Collins Avenue, Miami Beach, FL, 33139, United States

Testimonials

  • "A very strong event" Robert Mahnke, Paypal

  • "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."

Ticket Prices

Private Practitioner
Type Price Until
Super Early $1,525  22 December 2017
Early $1,725 19 January 2018
Standard $1,950 3 February 2018

 

In-house/Government Representatives
Type Price Until
Standard $250 3 February 2018