Friday-Saturday, 1-2 February 2019, W South Beach, 2201 Collins Avenue, Miami Beach, FL, 33139, United States

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 1-2 February 2019. 

Preferential room rate

Global Competition Review has a preferential booking rate available at the W South Beach, for the nights of 31 January – 2 February (inclusive). Once you have purchased your ticket, please contact Elizabeth.Barrett@lbresearch.com for further information on how to obtain this rate

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, McCarthy Tétrault (Toronto)

Clients look to Jason to provide legal advice, devise strategies and offer creative solutions to achieve their business goals, whether it involves complex business transactions or governmental investigations, and he does so efficiently and responsively, always putting his clients’ needs first.

Keynote Speakers

Alexandre Barreto de Souza

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

CADE’s president, Alexandre Barreto de Souza, holds a master degree in management, a specialisation in public management and a bachelor degree in management from the University of Brasília. He is a federal auditor of external control of the Federal Court of Accounts (TCU). From 2000 to 2005 he worked at the Federal Senate as a technical adviser assigned by the TCU. At the TCU, he was the director responsible for the monitoring of state-owned financial institutions between 2010 and 2013. He was also the director of the areas responsible for the control over public bids and contracts for all public administration, between 2013 and 2014. 

Martin Coleman

Non-Executive Director and Panel Chair, Competition and Markets Authority (London)

Martin Coleman was appointed Panel Chair and Panel Inquiry Chair of the Competition and Markets Authority on 19 September 2018 and has been a Non-Executive Director of the Board since 1 October 2017. He is also a member of the Remuneration Committee. Martin currently serves as Deputy Chair of the Office for Students, the regulator for higher education in England, and a trustee of Police Now, whose mission is to transform communities, reduce crime and increase the public’s confidence in policing. Martin is a Fellow of Hughes Hall, University of Cambridge.

Christine Wilson

Commissioner, Federal Trade Commission (Washington, DC)

Christine Wilson was sworn in on September 26, 2018 as a Commissioner of the Federal Trade Commission. President Donald J. Trump named Wilson to a term that expires on Sept. 25, 2025. Christine previously served at the FTC as Chairman Tim Muris’ Chief of Staff during the George W. Bush Administration, and as a law clerk in the Bureau of Competition while attending Georgetown University Law Center.

Speakers

Maria Cecília Andrade

Antitrust, Compliance and Governmental Affairs, Odebrecht (São Paulo)

Olivier Antoine

Crowell & Moring LLP (New York)

Andrea Appella

Deputy General Counsel, Europe & Asia, 21st Century Fox (London)

Antonio Bavasso

Allen & Overy LLP (London)

Matthew Bennett

Charles River Associates (London)

Marin Boney

Kirkland & Ellis LLP (Washington, DC)

Cristina Caffarra

Charles River Associates (Brussels and London)

George Cary

Cleary Gottlieb Steen & Hamilton (Washington, DC)

Alastair Chapman

Freshfields Bruckhaus Deringer LLP (London & Brussels)

Maria Coppola

Counsel for European Affairs, Federal Trade Commission (Washington, DC)

Eric Cramer

Berger Montague (Philadelphia)

Bruno de Luca Drago

Demarest (São Paulo)

Miguel del Pino

Marval, O'Farrell & Mairal (Buenos Aires)

Jessica Delbaum

Shearman & Sterling LLP (New York)

Adam Di Vincenzo

Gibson, Dunn & Crutcher LLP (Washington, DC)

Jordan Ellison

Slaughter and May (Brussels)

Debbie Feinstein

Arnold & Porter LLP (Washington, DC)

Adam Fanaki

Davies Ward Phillips & Vineberg LLP (Toronto)

Mark Hamer

Baker McKenzie LLP (Washington, DC)

Renata Hesse

Sullivan & Cromwell LLP (Washington, DC)

Moritz Holm-Hadulla

Gleiss Lutz (Stuttgart)

Pierre Honoré

Bredin Prat (Paris)

Donald Houston

McCarthy Tétrault LLP (Toronto)

Anne-Claire Hoyng

Senior Manager, Competition Policy, Booking.com (Amsterdam)

Paul Johnson

T.D. MacDonald Chair in Industrial Economics, Competition Bureau (Canada)

Gabrielle Kohlmeier

Associate General Counsel, Antitrust & Strategic Projects, Verizon (Washington, DC)

Jonas Koponen

Linklaters LLP (Brussels)

Cecilio Madero Villarejo

Deputy Director-General for Antitrust, DG Competition, European Commission (Brussels)

Philip Marsden

Visiting Professor, European Legal Studies & European Law and Economic Analysis, College of Europe (Bruges)

Deirdre McEvoy-Cappock

Lead US Antitrust & Regulatory Counsel, Siemens (New York)

Diana Moss

President, American Antitrust Institute (Washington, DC)

Kristina Nordlander

Sidley Austin LLP (Brussels & London)

Julie North

Cravath, Swaine & Moore LLP (New York)

Edith Ramirez

Hogan Lovells (Washington, DC & Los Angeles)

Barbara Rosenberg

Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)

Carl Shapiro

Professor of the Graduate School, Walter A. Haas School of Business and Department of Economics, University of California (Berkeley)

Joshua Soven

Wilson Sonsini Goodrich & Rosati (Washington, DC)

Marguerite Sullivan

Latham & Watkins LLP (Washington, DC)

Isabel Tecu

Charles River Associates (Washington, DC)

David Vann

Simpson Thacher & Bartlett LLP (London)

Faustine Viala

Willkie Farr & Gallagher LLP (Paris)

Michael Vita

Deputy Director, Federal Trade Commission (Washington, DC)

Suzanne Wachsstock

Vice President and Chief Antitrust Counsel, American Express (Washington, DC)

Craig Waldman

Jones Day (San Francisco & Silicon Valley)

David Wales

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

Stephen Weissman

Baker Botts LLP (Washington, DC)

James Wilson

Vorys, Sater, Seymour and Pease LLP (Columbus)

Hans Zenger

Deputy Coordinator Mergers, Chief Economist Team, DG Competition, European Commission (Brussels)

Programme

Thursday, 31 January 2019

7.00pm - 9.00pm: Welcome reception - sponsored by McCarthy Tétrault LLP

 

Friday, 1 February 2019

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, McCarthy Tétrault LLP (Toronto)

8.45am - 9.15am: Keynote address

Christine Wilson, Commissioner, Federal Trade Commission (Washington, DC)

9.15am - 10.45am: PlenaryMulti-sided platforms: Clarity, or confusion?

Multi-sided platforms were front and centre at the FTC hearings in the fall, and have raised a host of questions on how antitrust is applied to markets with multiple sides. Earlier in 2018, the US Supreme Court decision in American Express’ “anti-steering” rules of credit card networks has left many wondering what happens next when addressing competitive effects in markets with multiple sides. Is the emphasis on market definition warranted for cases involving exclusionary conduct?   

  • How will differing effects on multiple sides of a platform be weighed? What does economics teach us about the potential trade-offs?
  • Does the Amex decision create an insurmountable burden of proof for plaintiffs in US antitrust cases involving multi-sided platforms? 
  • How is the Court’s decision expected to affect other important platforms such as those in industries involving e-commerce, ride-sharing, social media, and search engines
  • Will the Supreme Court’s ruling create even greater divergence between US and European review of exclusionary practices and vertical restraints?

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

Panel:
Kristina Nordlander, Sidley Austin LLP (Brussels & London)
Suzanne Wachsstock, Vice President and Chief Antitrust Counsel, American Express (Washington, DC)
James Wilson, Vorys, Sater, Seymour and Pease LLP (Columbus)

10.45am - 11.15am: Coffee break

11.15am - 12.30pm: (Concurrent sessions)

Mergers: Merger review and economics: The next frontier 

Decades ago merger review was all about critical loss analysis. Since the release of the latest merger guidelines, the focus has been on upward pricing pressure indices. Margins and diversion ratios have been important throughout. Extensive data is now routinely available, allowing for quantifications that were not possible previously. But econometric analysis is based on past practice, and many merger concerns today are about removing nascent competition and foreclosure. Bargaining models are the latest de rigour economic analysis. This panel will discuss “the best of the best” economic models to use in merger review and how these are used effectively in various jurisdictions.

  • What is the best economic model to deploy in particular cases? Will this be the same economic model in all jurisdictions?
  • Does available data always lead to an econometric analysis?
  • How are bargaining models used when addressing horizontal effects, vertical foreclosure concerns?

Panel:
Andrea Appella, Deputy General Counsel, Europe & Asia, 21st Century Fox (London)
Marin Boney, Kirkland & Ellis LLP (Washington, DC)
Paul Johnson, T.D. MacDonald Chair in Industrial Economics, Competition Bureau (Canada)
David Vann, Simpson Thacher & Bartlett LLP (London)

Antitrust: Is Europe setting the antitrust enforcement agenda today?

Europe has been marching ahead of the world with antitrust enforcement action on multiple fronts in respect of unilateral conduct and vertical restraints. While there has been less enforcement by US federal agencies, the FTC hearings have considered a wide range of unilateral conduct covering vertical restraints, predatory pricing and exclusionary conduct. This panel will review recent developments in the treatment of unilateral conduct and vertical restraints.

  • What are the practical implications of the discussions at the FTC hearings for future antitrust enforcement actions related to unilateral conduct?
  • What are the implications of the EC Final Report on E-Commerce for treatment of vertical restraints in Europe?
  • In the US, did the earlier lens focused on contracts that reference rivals lead to any different enforcement actions?
  • How should companies deal with allegations of excessive pricing given the different approaches in Europe and the US?
  • What are the implications of the Qualcomm decision for abuse of dominance cases?

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

Panel:
Maria Coppola, Counsel for European Affairs, Federal Trade Commission (Washington, DC)
Jordan Ellison, Slaughter and May (Brussels)
Cecilio Madero Villarejo, Deputy Director-General for Antitrust, DG Competition, European Commission (Brussels)
Joshua Soven, Wilson Sonsini Goodrich & Rosati (Washington, DC)

12.30pm - 2.00pm: Networking lunch and lunchtime keynote address

Alexandre Barreto de Souza, President, Administrative Council for Economic Defense (CADE) (Brasília)

Introducer:
Bruno de Luca Drago, Demarest (São Paulo)

2.00pm - 3.15pm: (Concurrent sessions)

Mergers: Mergers in the digital economy

Antitrust practitioners believe we have a modern merger review process, but the popular press is concerned that tech companies are too big. What does this mean for future acquisitions? The FTC hearings are considering whether different analytical or procedural frameworks are needed to address nascent competition. Are our approaches for addressing the removal of potential competition effective in today’s modern era? Are efficiencies more or less important in such circumstances? This panel will consider merger review in the digital economy.

  • Should different standards apply to notification thresholds and enforcement competencies for digital companies, or just the big ones?
  • What standards will apply to entry and efficiencies in nascent competition or prevent cases?
  • Does the DOJ’s challenge of the AT&T/Time Warner transaction indicate greater convergence among agencies on vertical issues that may be a more prevalent concern in the digital economy?
  • Will merger remedies in the digital age be oriented toward easing entry and switching costs as opposed to structural remedies?

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

Panel:
Antonio Bavasso, Allen & Overy LLP (London)
Matthew Bennett, Charles River Associates (London)
Gabrielle Kohlmeier, Associate General Counsel, Antitrust & Strategic Projects, Verizon (Washington, DC)
Edith Ramirez, Hogan Lovells (Washington, DC & Los Angeles)

Antitrust: Platform regulation and antitrust

The rise of platforms such as Amazon and Google have changed the way that consumers obtain goods and suppliers supply them. Regulators worldwide are grappling with how to assess the impact of mega-platforms through antitrust law. In the United States, at least one FTC Commissioner has argued for increased regulation of platforms through rulemaking, but as recent cases have shown, courts remain sceptical of the dangers of below-cost pricing and vertical integration. In Europe, there is extensive discussion going on and legislative proposals have been made not only by the European Commission but also at the member state level to issue platform-specific regulation, including a proposed EC regulation that addresses issues like transparency on algorithms, preferential treatment of own services or MFN practices regardless of dominance/market power. This panel will debate the efficacy and ability of antitrust law to address platform competition. 

  • Does the traditional consumer welfare analysis apply to antitrust issues involving companies like Google, Facebook and Amazon?
  • Should antitrust be used to address labour monopsony, privacy and other concerns involving tech?
  • With operations spanning the globe, how would regulation apply?
  • Where antitrust laws are violated, but remedies are ineffective, is there any other option except regulation?

Moderator:
Stephen Weissman, Baker Botts LLP (Washington, DC)

Panel:
Cristina Caffarra, Charles River Associates (Brussels and London)
Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)
Anne-Claire Hoyng, Senior Manager, Competition Policy, Booking.com (Amsterdam)
Philip Marsden, Visiting Professor, European Legal Studies & European Law and Economic Analysis, College of Europe (Bruge)
Craig Waldman, Jones Day (San Francisco & Silicon Valley)

3.15pm - 3.45pm: Coffee break

3.45pm - 5.00pm: (Concurrent sessions)

Mergers: Minority interests and institutional investors 

It has been a well-established tenet of antitrust law that a firm’s partial ownership of a competitor may raise competition issues. With increased concentration in industry generally, institutional investors and private equity investors may hold interests in several competitors, which some have argued softens rivalry leading to higher corporate mark-ups overall.

  • Where such investment is implemented through numerous unaffiliated funds, should such minority investments be treated in the same way as minority interests, and can they truly raise competition issues? 
  • From an economic perspective, what is the theory of harm and what is the threshold at which multiple minority interests will become an antitrust risk?

Moderator:
Adam Di Vincenzo, Gibson, Dunn & Crutcher LLP (Washington, DC)

Panel:
George Cary, Cleary Gottlieb Steen & Hamilton (Washington, DC)
Alastair Chapman, Freshfields Bruckhaus Deringer LLP (London & Brussels)
Adam Fanaki, Davies Ward Phillips & Vineberg LLP (Toronto)
Barbara Rosenberg, Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)

Antitrust: “Oh no! We got nailed” – compliance after the worst case scenario

How do you create an effective compliance program and deal with follow on litigation as part of ongoing compliance after a cartel infringement? This panel will discuss what happens when your company falls on the wrong side of competition law, and how to develop a robust compliance program to keep the worst from happening. What happens when the antitrust violation becomes fraud and corruption charges?

  • How have global changes affected company compliance and strategies before agencies in the case of an investigation?
  • What is the current landscape with respect to discounts or “credits” for an effective compliance program? How can in-house counsel leverage an existing compliance program and a desire to “do better” to mitigate penalties should an investigation be initiated?
  • What are the key compliance issues facing in-house counsel today? What monitoring tools are recommended for creating an effective in-house compliance program?
  • What are the costs and benefits of these types of compliance systems and how can you determine which compliance safeguards are appropriate for your business?

Moderator:
Jessica Delbaum, Shearman & Sterling LLP (New York)

Panel:
Maria Cecilia Andrade, Antitrust, Compliance and Governmental Affairs, Odebrecht (São Paulo)
Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)
Pierre Honoré, Bredin Prat (Paris)
Deirdre McEvoy-Cappock, Lead US Antitrust & Regulatory Counsel, Siemens (New York)
Marguerite Sullivan, Latham & Watkins LLP (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, followed by an after-party sponsored by Shearman & Sterling.

 

Saturday, 2 February 2019

7.30am - 8.30am: Registration / light breakfast

8.30am - 9.00am: Keynote address

Martin Coleman, Non-Executive Director and Panel Chair, Competition and Markets Authority (London)

9.00am - 10.15am: (Concurrent sessions)

Mergers: Under-enforcement or ineffective remedies?

Rising corporate mark-ups are being linked to negative macro-economic effects including increasing inequality. Weak antitrust is cited as one cause. But would blocking more mergers change anything? Are there other remedies that might be more effective, assuming there is a problem to solve? What remedies have been used in other jurisdictions or in other regulatory proceedings? The remedy debate outside mergers is that fines are ineffective in correcting conduct which suggests it may be all the more important to get merger review right before industries become too concentrated.

  • Is the skepticism on behavioural remedies in mergers ill-placed?
  • How do we know if we are blocking the right “amount of mergers”?
  • Would reform of our remedies in respect of dominant firm conduct take some of the pressure off merger review?

Moderator:
Renata Hesse, Sullivan & Cromwell LLP (Washington, DC)

Panel:
Jonas Koponen, Linklaters LLP (Brussels)
Diana Moss, President, American Antitrust Institute (Washington, DC)
Faustine Viala, Willkie Farr & Gallagher LLP (Paris)
David Wales, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

Antitrust: Civil litigation: A multijurisdictional view

Civil litigation issues are more prominent now that we are seeing active plaintiffs in Europe, the US, and Canada. This panel will provide a comparative view on class certification issues, private antitrust damages and other issues, including economic views.

  • Has the rejection of multiple damage awards resulted in a slower development of private damage recoveries and antitrust litigation in Europe and elsewhere?
  • What lessons can be learned from significant multijurisdictional litigation such as the Air Cargo case?
  • How does damages litigation elsewhere in the world compare to the US and Europe?
  • Is greater private enforcement making companies less likely to apply for immunity/leniency?

Panel:
Eric Cramer, Berger Montague (Philadelphia)
Donald Houston, McCarthy Tétrault LLP (Toronto)
Julie North, Cravath, Swaine & Moore LLP (New York)

10.15am - 10.45am: Coffee break

10.45am - 12.15pm: Plenary: Economist plenary

Panel:
Carl Shapiro, Professor of the Graduate School, Walter A. Haas School of Business and Department of Economics, University of California (Berkeley) 
Hans Zenger, Deputy Coordinator Mergers, Chief Economist Team, DG Competition, European Commission (Brussels)
Michael Vita, Deputy Director, Federal Trade Commission (Washington, DC)

12.15pm: Chairpersons' closing remarks

Margaret Sanderson, Vice President, Charles River Associates (Toronto)
Jason Gudofsky, Partner, McCarthy Tétrault LLP (Toronto)

12.30pm onwards: Close of conference and networking lunch

Venue

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

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" 

Ticket Prices

Private Practitioner
Type Price Until
Super Early $1,525  21 December 2018
Early $1,725 18 January 2019
Standard $1,950 2 February 2019

 

In-house/Government Representatives
Type Price
Standard Complimentary