7-8 February, W South Beach, 2201 Collins Avenue, Miami Beach, FL, 33139, United States

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 LLP (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

Ian Conner

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

Ian Conner serves as a Director in the Bureau of Competition at the Federal Trade Commission.  He joined the Commission in 2017. He has previously worked with Kirkland & Ellis LLP and the Antitrust Division of the U.S. Department of Justice.  

Kris Dekeyser

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

Kris is currently acting Deputy Director-General for Antitrust and Cartels. He is combining this function with his position as Director of the Policy and Strategy Directorate at the European Commission’s Directorate General for Competition. Before taking up his present position, Kris filled numerous management positions across DG Competition – he was in charge of antitrust and merger policy and case support; took up the duties of the European Commission's Cartel Settlement Officer at DG Competition's Cartels Directorate; and he was also Head of the Unit in charge of the European Competition Network and the Private Enforcement initiative.

Kris graduated in both law and political sciences and he is a guest Professor at the Hogeschool-Universiteit Brussel. He is the author of a variety of publications in English and French in the field of competition law. He also regularly delivers lectures at seminars and conferences around the world on both general and specialised areas of Competition law, variously organised by Universities, Bar Associations, business forums, government organisations, competition enforcement agencies, etc.

 

Richard Powers

Deputy Assistant Attorney General for Criminal Enforcement, Antitrust Division U.S. Department of Justice (Washington, DC)

Richard A. Powers serves as the Deputy Assistant Attorney General for Criminal Enforcement. He has spent the bulk of his career at the Antitrust Division prosecuting cartel and fraud cases in a range of industries including bid rigging in the municipal bonds industry and various offenses related to the manipulation of the London Interbank Offered Rate (LIBOR). Powers received the Attorney General’s Distinguished Service Award for his work on the LIBOR case. In 2016, he joined the Criminal Division Fraud Section’s Healthcare Fraud Unit in the Eastern District of New York, where he spent two years prosecuting complex, multimillion dollar health care fraud, money laundering, and tax conspiracies and schemes.

Speakers

Debra Aron

Charles River Associates (Chicago)

Matthew Bennett

Charles River Associates (London)

Peter Boberg

Charles River Associates (Boston)

Benno Buehler

Charles River Associates (Brussels)

Gavin Bushell

Baker McKenzie (Brussels)

Cristina Caffarra

Charles River Associates (Brussels and London)

Marcelo Calliari

TozziniFreire (São Paulo)

Jeremy Calsyn

Cleary Gottlieb Steen & Hamilton LLP (Washington, DC)

Chris D'Angelo

Chief Deputy Attorney General, Economic Justice Division, New York State Office of the Attorney General (New York)

Gopal Das Varma

Charles River Associates (Washington, DC)

Michele Davis

Freshfields Bruckhaus Deringer LLP (London)

Martin D'Halluin

Vice President, Associate General Counsel, Antitrust, News Corp (New York)

Miguel del Pino

Marval, O'Farrell & Mairal (Buenos Aires)

Fei Deng

Charles River Associates (San Francisco)

Megan Dixon

Hogan Lovells (San Francisco)

Florian Ederer

Associate Professor of Economics, Yale School of Management (New Haven)

Kaarli Eichhorn

Jones Day (Brussels)

Alejandro Faya Rodríguez

Comissioner, Federal Economic Competition Comission (COFECE) (Mexico)

Debbie Feinstein

Arnold & Porter Kaye Scholer LLP (Washington, DC)

Andrew Finch

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

Nelson Fitts

Wachtell, Lipton, Rosen & Katz (New York)

Joshua Gans

Jeffrey S. Skoll Chair in Technical Innovation and Entrepreneurship and is a Professor, and Area Coordinator of Strategic Management, Rotman School of Management, University of Toronto (Toronto)

Alexis Gilman

Crowell & Moring LLP (Washington DC)

Philipp Girardet

Willkie Farr & Gallagher LLP (London)

Andrea Gomes da Silva

Executive Director, Markets and Mergers, Competition Markets Authority (CMA) (London)

Bruce Hoffman

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

Moritz Holm-Hadulla

Gleiss Lutz (Stuttgart)

Nikiforos Iatrou

McCarthy Tétrault LLP (Toronto)

Elaine Johnston

Allen & Overy LLP (New York)

Michael Knight

Jones Day (Washington, DC)

Bruce Kobayashi

George Mason University Antonin Scalia Law School (Fairfax)

Anna Lyle-Smythe

Slaughter and May (Brussels)

Max Miller

Assistant Attorney General, Consumer Protection Division, Iowa Attorney General’s office (Iowa)

Diana Moss

President, American Antitrust Institute (Washington, DC)

Ali Nikpay

Gibson, Dunn & Crutcher LLP (London and Brussels)

George Paul

White & Case LLP (Washington, DC)

Elizabeth Prewitt

Latham & Watkins LLP (Washington, DC)

Simon Pritchard

Linkaters (London)

Marie-Cécile Rameau

Bredin Prat (Paris)

Alvaro Ramos

Head of Global Antitrust & Chief Antitrust Compliance Officer, Qualcomm (San Diego)

Sara Razi

Simpson Thacher & Bartlett LLP (Washington, DC)

Pierre Régibeau

Chief Economist, DG Competition, European Commission (Brussels)

Melissa Scanlan

Vice President, IP and Antitrust, T-Mobile (Seattle)

Margaret Segall D'Amico

Cravath, Swaine & Moore LLP (New York)

Nikhil Shanbhag

Vice President and Associate General Counsel for Competition and Regulatory Law, Facebook (San Francisco)

Timothy Simcoe

Associate Professor, Director, PhD Program, Boston University Questrom School of Business (Boston)

D. Daniel Sokol

Research Foundation Professor and University Term Professor, Levin College of Law, University of Florida (Gainesville)

Joshua Soven

Wilson Sonsini Goodrich & Rosati (Washington, DC)

Andrew Sweeting

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

​Sandra Terepins

Barbosa Müssnich Aragão (São Paulo)

Patricia Vidal

Uría Menéndez (Madrid)

David Wales

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

Charles Webb

Senior Antitrust Counsel, FedEx Corporation Adjunct Professor of Antitrust Law, University of Memphis (Memphis)

James Webber

Shearman & Sterling (Brussels and London)

Stephen Weissman

Baker Botts LLP (Washington, DC)

Thomas Wilson

Kirkland & Ellis International LLP (London)

Programme

Thursday, 6 February 2020

5.00pm - 7.00pm: Women's Networking Reception -hosted by Cravath, Swaine & Moore LLP
Please note the venue for this reception will be shared upon registration

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

Friday, 7 February 2020

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

Richard Powers, Deputy Assistant Attorney General, The United States Department of Justice (Washington, DC) 

9.15am - 10.45 am: Plenary: Back to the Drawing Board: Is It Time for a Radical Overhaul of Antitrust Law?

This panel asks whether antitrust’s narrow scope necessitates regulation to deal with broader policy concerns, or if antitrust should be “dialed up” to play a larger role in policing how companies and consumers transact.

  • What is the purpose of antitrust policy? Should antitrust seek to achieve more than the pursuit of consumer welfare? How can antitrust co-exist with ex ante regulation and do agencies need additional powers if their objectives are to be broadened?

  • What are the best strategies for enforcement agencies? Are the standards of proof and timeframe for analysis in antitrust optimal to advance these longer-term objectives?

  • How much does existing precedent prevent antitrust from addressing concerns that do not fit neatly within previously established models of leveraging market power through tying, exclusion or foreclosure? To what extent should (and can) antitrust deal with “unfair” bargains involving dominant companies, including accumulation and exploitation of user data? Are these “new” issues or has access to data always been an enforcement challenge for antitrust agencies?

Moderator:
Joshua Soven, Wilson Sonsini Goodrich & Rosati (Washington, DC) 

Panel:
Cristina Caffarra, Charles River Associates (Brussels and London) 
Bruce Hoffman, Director, Bureau of Competition, Federal Trade Commission (Washington, DC)
Michael Knight, Jones Day (Washington, DC)
Ali Nikpay, Gibson, Dunn & Crutcher LLP (London and Brussels)
Diana Moss, President, American Antitrust Institute (Washington, DC)

10.45am - 11.15am: Coffee break

11.15am - 12.30pm: (Concurrent sessions)

Mergers: Merger review retrospective 

Review of high-profile mergers and key developments in merger control from 2019. 

Moderator:
Alexis Gilman, Crowell & Moring LLP (Washington DC)

Panel:
Margaret Segall D'Amico, Cravath, Swaine & Moore LLP (New York)
Anna Lyle-Smythe, Slaughter and May (Brussels)
Melissa Scanlan, Vice President, IP and Antitrust, T-Mobile (Seattle)
Sandra Terepins, Barbosa Müssnich Aragão (São Paulo)
Matthew Bennett, Charles River Associates (London)

Antitrust: Data, Data Everywhere: defining “Big Data” issues

This panel will discuss more specific issues for Big Data and how it challenges traditional antitrust analysis, taking into account different types of data and data-related contexts.

  • Are sets of consumer data required for targeted advertising or customisation a barrier to entry or a step to dominance, or are they competitively neutral? What characteristics define how these data sets should be viewed?

  • How should assessment of data-related activities differ from the consumer data case where data is significantly less interchangeable, such as geolocation data in automotive, industrial and/or Internet of Things applications?

  • How does antitrust analysis need to shift when dealing with data cases? Will privacy law limit scope for antitrust authorities to require data-sharing? What remedies such as access obligations are required, and how can they be monitored effectively?  Can breaches of data privacy law by dominant companies also be the basis of an antitrust infringement?

Moderator:
Sara Razi, Simpson Thacher & Bartlett LLP (Washington, DC)

Panel:
Debbie Feinstein, Arnold & Porter Kaye Scholer LLP (Washington, DC)
Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)
Peter Boberg, Charles River Associates (Boston)
Chris D'Angelo, Chief Deputy Attorney General,  Economic Justice Division, New York State Office of the Attorney General (New York)
Marcelo Calliari, TozziniFreire (São Paulo)

12.30pm - 1.00pm: Lunchtime Keynote 

Kris Dekeyser, Acting Deputy Director-General for Antitrust and Cartels, DG Competition, European Commission (Brussels)

1.00pm - 2.00pm: Networking lunch

2.00pm - 3.15pm: (Concurrent sessions)

Mergers: Remedy issues: A sceptic’s guide

This panel will debate the issues surrounding behavioural remedies for mergers, as well as the downsides of structural remedies such as the difficulty of finding viable divestiture buyers who will maintain innovation or even manage to stay in business.

  • Is scepticism of behavioural remedies warranted? Can they be paired with structural remedies more frequently? How can the difficulty of monitoring and enforcing behavioural remedies be alleviated?
  • Should enforcers be bolder in imposing remedies as an alternative to regulation? Are remedies such as data release and data portability the best way forward?
  • When might an otherwise financially viable divestiture buyer raise concerns in innovation or other contexts?

Moderator:
Thomas Wilson, Kirkland & Ellis International LLP (London)

Panel:
Alejandro Faya Rodríguez, Comissioner, Federal Economic Competition Comission (COFECE) (Mexico)
Nelson Fitts, Wachtell, Lipton, Rosen & Katz (New York)
Andrea Gomes da Silva, Executive Director, Markets and Mergers, Competition Markets Authority (CMA) (London)
Simon Pritchard, Linklaters (London)
Gopal Das Varma, Charles River Associates (Washington, DC)

Antitrust: Is global leniency in a death spiral?

This panel will look at the health of leniency and immunity programmes, which have long been a linchpin of the criminal antitrust process. But today, they are being criticised for violating the “Golden Rule” under which applying for leniency leaves a company better off than refusing to cooperate with the government.

  • Does the lack of new major international cartel cases signal that companies are compliant now, or that they are not self-reporting because the costs of leniency are outweighing the benefits?
  • Does the Department of Justice’s new, more holistic model focusing on prevention rather than deterrence signal the end of leniency as we know it? Will it be effective, and how will new approaches to leniency affect a company’s incentive to fight cartel charges?
  • If traditional leniency is the right model, what is the impact of agency transparency on willingness to pursue leniency applications and cooperate? Do we need to do more to protect the ‘first in’ immunity applicant from follow-on claims to encourage applications?

Moderator:
Elizabeth Prewitt, Latham & Watkins LLP (Washington, DC)

Panel:
Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)
Megan Dixon, Hogan Lovells (San Francisco)
Philipp Girardet, Willkie Farr & Gallagher LLP (London)
Patricia Vidal, Uría Menéndez (Madrid)
Charles Webb, Senior Antitrust Counsel, FedEx (Memphis)

3.15pm - 3.45pm: Coffee break

3.45pm - 5.00pm: (Concurrent sessions)

Mergers: “Killer Acquisitions” and other anticompetitive deals: Should antitrust do more to protect emerging challengers?

This panel will debate whether a new policy approach or legal framework is warranted to address the unique challenges posed by mergers involving nascent competition.

  • How should enforcers determine whether the acquisition of a small company – especially one with minimal revenue – will harm competition in a relatively new market?  Do we need new legal tests that find competition problems based on a “balance of harms” rather than a “balance of probabilities”?
  • What aspects of competition other than innovation/pipeline (for example, competition for “talent”) should be considered in the competitive effects analysis? 
  • How should enforcers balance the harm that may result from removing an upstart as a competing company, with the potential gains to consumers from that upstart receiving increased resources to develop its products?

Moderator:
Daniel Sokol, Research Foundation Professor and University Term Professor, Levin College of Law, University of Florida (Gainesville)

Panel:
Gavin Bushell, Baker McKenzie (Brussels)
Jeremy Calsyn, Cleary Gottlieb Steen & Hamilton LLP (Washington, DC)
Florian Ederer, Associate Professor of Economics, Yale School of Management (New Haven)
Diana Moss, President, American Antitrust Institute (Washington, DC)
Nikhil Shanbhag, Director of Competition and Telecommunications law, Facebook (San Francisco)

Antitrust: Platform Antitrust

This panel will consider key antitrust issues that arise for platform operators and their users. It will cover the following topics:

  • Not all platforms are created equal: How does the type of digital platform affect the practices in which it engages and the antitrust concerns it raises?

  • Legitimate versus illegitimate antitrust theories of harm: “Big is bad” has become a calling card of some critics of large platforms. Rather than accepting this as fact and resolving to break them up, the panel explores and debates the theories of harm that can apply to platforms.

  • The route to antitrust enforcement: There is a trend toward addressing platform antitrust issues through section 2 of the Sherman Act. However, if we have strong enforcement under the Clayton Act, do we need to resort to a section 2 scenario?

  • The protection of nascent competition: The dominance of some digital platforms, and these platforms’ practice of buying-up innovative start-ups, has resulted in criticism of antitrust enforcers’ ability to protect nascent competition. Is this criticism deserved and what are the potential solutions?

  • The intersection between antitrust enforcement and other regulatory spheres as it  relates to digital platforms: Digital platforms raise issues in privacy, consumer protection, and national security. What issues should be handled by antitrust authorities and what should be left to other enforcers?

Moderator:
Nikiforos Iatrou, McCarthy Tétrault LLP (Toronto)

Panel:
Debra Aron, Charles River Associates (Chicago)
Martin D'Halluin, Vice President, Associate General Counsel, Antitrust, News Corp (New York)
Max Miller, Assistant Attorney General, Antitrust, Iowa Attorney General’s Office (Des Moines)
Marie-Cécile Rameau, Bredin Prat (Paris)
David Wales, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

5.00pm: Conclusion of day one

Evening: All delegates are invited to attend an all-conference dinner, hosted by Charles River Associates.

Saturday, 8 February 2020

7.30am - 8.30am: Registration / light breakfast

8.30am - 9.00am: Keynote address

Ian Conner, Deputy Director, Bureau of Competition, Federal Trade Commission (Washington, DC)

9.00am - 10.15am: (Concurrent sessions)

Mergers: Magical thinking: Considering modern theories of harm

This panel will consider how to articulate theories of harm in merger reviews before different triers of fact, as sophisticated economic projections of prices, output and leverage are debated, in contrast to reliance on the old standards of market shares.

  • Has there been a blurring between any harm and “substantial” harm – particularly where there might be a small price increase – or has “substantial harm” put too high a burden on enforcers? What is the right time frame for considering competitive effects, including entry, investment and innovation?
  • How should economic theories of harm and efficiency be presented to courts and tribunals?
  • How are enforcers addressing geographic market definition, including considering a global market?

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

Panel:
Elaine Johnston, Allen & Overy LLP (New York)
Bruce Kobayashi, Professor of Law, George Mason University Antonin Scalia Law School (Fairfax)
Michele Davis, Freshfields Bruckhaus Deringer LLP (London)
Benno Buehler, Charles River Associates (Brussels)
James Webber, Shearman & Sterling (Brussels and London)

Antitrust: Recent trends in antitrust and IP enforcement

This panel will investigate how enforcers and courts worldwide are grappling with the intersection of competition and intellectual property law and policy, particularly as they diverge even within countries, as the DOJ’s amicus briefs in FTC v Qualcomm case demonstrated.

  • Under what circumstances should breaches of FRAND commitments be viewed as antitrust violations, as opposed to simple breaches of contract? How does one distinguish FRAND royalties from royalties for standard-essential patents that result from anticompetitive “patent hold-up”? Should remedies in patent cases be constrained so as not to stifle innovation, or should enforcers and private litigants be free to vigorously contest allegedly anticompetitive behavior with regard to SEPs?
  • Does the conflict between the FTC and DOJ in Qualcomm indicate a fundamental difference in the agencies’ approaches, or is the DOJ position unique to this administration or this case? Does the European Commission’s willingness to assert competition laws to protect against FRAND violations suggest a divergence with US agencies?

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

Panel:
Andrew Finch, Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York and Washington, DC)
Tim Simcoe, Associate Professor of Strategy & Innovation, Questrom School of Business, Boston University (Boston)
Alvaro Ramos, Senior Legal Counsel, Head of Global Antitrust, Qualcomm (San Diego)
Fei Deng, Charles River Associates (San Francisco)
Kaarli Eichhorn, Jones Day (Brussels)

10.15am - 10.45am: Coffee break

10.45am - 12.15pm: Plenary: Economist plenary

Moderator:
Margaret Sanderson, Vice President, Charles River Associates (Toronto)

Panel:
Pierre Régibeau, Chief Economist, DG Competition, European Commission (Brussels)
Andrew Sweeting, Professor of Economics at the University of Maryland (College Park)
Joshua Gans, Professor of Strategic Management and holder of the Jeffrey S. Skoll Chair of Technical Innovation and Entrepreneurship at the Rotman School of Management, University of Toronto (Toronto)

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 Closing Lunch hosted by Shearman & Sterling LLP

Venue

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

Testimonials

  • "This conference brings together top practitioners and academics to explore topical issues in antitrust" - Cecile Kohrs, TIG Advisors

  • "In general, discussion was very good and lively" -Etienne Chantrel, Autorité de la concurrence 

  • "The conference provides updated and useful information on key issues and trends" - Xavier Rosales, CorrelRosales

  • Overall of high level. Mergers & digital economy was a particularily interesting session... Porter Elliott, Van Bael & Bellis

 

Private Practitioner
Type Price Expires
Super Early $1525 29 Nov 2019
Early $1725 17 Jan 2020
Standard $1950 07 Feb 2020

 

In-house/government rate
Type Price
Standard $0