Coverage

Data investment could be deterred by enforcement

Data investment could be deterred by enforcement

07 June 2018

The second-highest official at the US Department of Justice’s antitrust division has said that investment in data collection could be chilled by obligations to share the data, but a lawyer for Google complainants has scoffed at the concern.

Innovation analysis lacks reliable presumptions, says US DOJ deputy

Innovation analysis lacks reliable presumptions, says US DOJ deputy

07 June 2018

The principal deputy assistant attorney general at the US Department of Justice’s antitrust division has identified a lack of good presumptions on which to rely when analysing and measuring innovation in merger reviews.

FTC will look at labour monopsony, Hoffman says

FTC will look at labour monopsony, Hoffman says

08 June 2018

The director of the Federal Trade Commission’s bureau of competition has said the agency will examine the issue of buyer-side power in labour markets, including where such power derives from a merger.

DG Comp official: innovation analysis demands more caution than price

DG Comp official: innovation analysis demands more caution than price

11 June 2018

Enforcers must be careful when they analyse mergers for innovation concerns, because current market shares are not such a good predictor of what competition for research and development will look like, the case manager on the European Commission’s review of Dow/DuPont and Bayer/Monsanto has said.

Chairs

Debbie Feinstein

Arnold & Porter, Washington, DC

Debbie Feinstein heads the firm's Global Antitrust group, and brings a wealth of experience to her practice in advising clients on a range of antitrust challenges before US antitrust authorities. She recently re-joined the firm from the US Federal Trade Commission (FTC), where she was Director of the Bureau of Competition.

Elaine Ewing

Cleary Gottlieb Steen & Hamilton, Washington, DC

Elaine Ewing’s practice focuses on all areas of antitrust law, including merger reviews by the US Federal Trade Commission (FTC), US Department of Justice (DOJ), and foreign authorities; civil antitrust litigation; criminal and civil antitrust investigations; and antitrust counseling.

Nick Levy

Cleary Gottlieb Steen & Hamilton, London and Brussels

Nicholas Levy’s practice focuses on EU and UK antitrust law. Consistently recognized by Chambers as one of the leading antitrust lawyers in Europe, Nick was named Global Competition Review’s “Dealmaker of the Year” in 2015. He has extensive experience in notifying mergers and joint ventures under the EU Merger Regulation, coordinating the notification of international transactions, and advising on all aspects of antitrust law, including anti-cartel enforcement, collaborative arrangements, vertical agreements and unilateral conduct.

Keynote Speakers

Thomas Deisenhofer

Head, Unit E4, Merger Control, Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels

Thomas Deisenhofer is Head of Unit for Mergers Control at the Competition Directorate-General of the European Commission. He is responsible for mergers in basic industries, manufacturing and agriculture.

Andrew Finch

Principal Deputy Assistant Attorney General, Antitrust Division, US Department of Justice, Washington, DC

Bruce Hoffman

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

Speakers

Antonio Bavasso

Allen & Overy, London

Arthur Burke

Davis Polk & Wardwell, New York and Northern California

Jessica Delbaum

Shearman & Sterling, New York

Frederic Depoortere

Skadden, Arps, Slate, Meagher & Flom, Brussels

Joseph Farrell

Professor of Economics, University of California, Berkeley, and Bates White

Jonathan Gleklen

Arnold & Porter, Washington, DC

John Harkrider

Axinn, New York

Renata Hesse

Sullivan & Cromwell, Washington, DC

Stephen Kinsella

Sidley Austin, Brussels and London

Marina Lao

Board of Visitors Research Scholar and Edward S. Hendrickson Professor of Law, Seton Hall University School of Law, Newark

George Paul

White & Case, Washington, DC

Michael Topper

Cornerstone Research, Silicon Valley

David Wales

Skadden, Arps, Slate, Meagher & Flom, Washington, DC

Programme

8.00: Welcome coffee and registration

8.30: Chairs’ opening remarks

Debbie Feinstein, Arnold & Porter, Washington, DC
Elaine Ewing, Cleary Gottlieb Steen & Hamilton, Washington, DC

8.45: Morning keynote and Q&A

Andrew Finch, Principal Deputy Assistant Attorney General, Antitrust Division, US Department of Justice, Washington, DC

9.30: Remedies in vertical deals: are we going to have divergence?

Vertical transactions have typically been remedied with conduct decrees. The FTC remedy study showed the four vertical remedies they took were effective. But the DoJ sued to block the AT&T/Time Warner transaction and AAG Delrahim has expressed skepticism that conduct remedies are ever appropriate. Is there an evolution (or revolution) in how vertical deals will be analysed and remedied? Will this cause divergence between the DoJ and the EU? 

Moderator:
David Wales, Skadden, Arps, Slate, Meagher & Flom, Washington, DC

Panel:
Renata Hesse, Sullivan & Cromwell, Washington, DC
Michael Topper, Cornerstone Research, Silicon Valley
Arthur Burke, Davis Polk & Wardwell, New York and Northern California
Antonio Bavasso, Allen & Overy, London

10.45: Coffee break

11.10: Are antitrust rules fit for purpose for Big Data companies?

The rise of Big Data is one of the most significant phenomena of modern times, causing antitrust agencies around the world to grapple with a wide array of potential issues and to question whether their enforcement tools are fit for purpose. This panel will discuss what Big Data is and why it is important, whether Big Data raises novel legal issues, and whether existing rules are capable of addressing competition concerns that arise from Big Data.

Moderator:
George Paul, White & Case, Washington, DC

Panel:
Elaine Ewing, Cleary Gottlieb Steen & Hamilton, Washington, DC
Stephen Kinsella, Sidley Austin, Brussels and London
Marina Lao, Board of Visitors Research Scholar and Edward S. Hendrickson Professor of Law, Seton Hall University School of Law, Newark
John Harkrider, Axinn, New York

12.40: Networking lunch

13.45: Lunchtime EU speaker

Thomas Deisenhofer, Head, Unit E4, Merger Control, Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels

14.30: Coffee break

14.55: Innovation in merger analysis

Concerns about innovation are not innovative yet recent transactions such as Dow/Dupont have led to increased scrutiny of a transactions effect on innovation. Do combinations of R&D efforts inhibit or foster innovation? How does one make that determination in the absence of clear metrics for measuring market power in innovation? How far into the future should we look in considering a transaction’s effects on innovation? And how do we balance efficiencies against these innovation concerns? 

Moderator:
Jessica Delbaum, Shearman & Sterling, New York

Panel:
Joseph Farrell, Professor of Economics, University of California, and Bates White, Berkeley
Frederic Depoortere, Skadden, Arps, Slate, Meagher & Flom, Brussels
Thomas Deisenhofer, Head, Unit E4, Merger Control, Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels
Jonathan Gleklen, Arnold & Porter, Washington, DC

16.15: Afternoon keynote and Q&A

Bruce Hoffman, Acting Director, Bureau of Competition, Federal Trade Commission, Washington, DC

17.00: Chairs’ closing remarks

Debbie Feinstein, Arnold & Porter, Washington, DC
Elaine Ewing, Cleary Gottlieb Steen & Hamilton, Washington, DC

17.10: All delegates are invited to attend a drinks reception kindly hosted by Cleary Gottlieb Steen & Hamilton

Venue

1 Liberty Pl, New York, NY 10006, USA

Testimonials

  • "It was all fantastic!"

    Nicholas Peterson, Cleary Gottlieb Steen & Hamilton

  • "Very interesting, accessible"

  • "Very good. Big-name, well-prepared speakers."

    Jun Feng, Cleary Gottlieb Steen & Hamilton

     

Ticket Prices

Private Practitioner
Type Price Until
Super early $475 27 April 2018
Early $675 1 June 2018
Standard $875 7 June 2018

 

In-house/Governmental
Complimentary in-house/Governmental registration available

 

  • Conference Materials