Thursday, 7 June 2018, 1 Liberty Pl, New York

E-mail Tel: +44 20 3780 4137

Chairs

Debbie Feinstein

Arnold & Porter Kaye Scholer, 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.

Nick Levy

Cleary Gottlieb Steen & Hamilton, Brussels and London

Nicholas Levy’s practice focuses on EU and UK antitrust law. 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

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

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.

Speakers

Melanie Aitken

Bennett Jones, Washington, DC

Antonio Bavasso

Allen & Overy, London

Thomas Deisenhofer

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

Jessica Delbaum

Shearman & Sterling, New York

Frederic Depoortere

Skadden, Arps, Slate, Meagher & Flom, Brussels

Elaine Ewing

Cleary Gottlieb Steen & Hamilton, Washington, DC

Joseph Farrell

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

Renata Hesse

Sullivan & Cromwell, Washington, DC

Stephen Kinsella

Sidley Austin, Brussels and London

Michael Topper

Cornerstone Research, Silicon Valley

Programme

8.00: Welcome coffee and registration

8.30: Chairs’ opening remarks

Deborah Feinstein, Arnold & Porter Kaye Scholer, Washington, DC
Nick Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London

8.45: Morning Keynote/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 analyzed and remedied? Will this cause divergence between the DOJ and the EU? 

Moderator:
Melanie Aitken, Bennett Jones, Washington, DC

Panel:
Renata Hesse, Sullivan & Cromwell, Washington, DC
Michael Topper, Cornerstone Research, Silicon Valley
Arthur J. 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.

Panel: 
Elaine Ewing, Cleary Gottlieb Steen & Hamilton, Washington, DC
Stephen Kinsella, Sidley Austin, Brussels and London
Assimakis Komninos, White & Case, Brussels

12.40: Networking lunch

13.45: Lunchtime EU speaker

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, Bates White, Berkeley
Frederic Depoortere, Skadden, Arps, Slate, Meagher & Flom, Brussels
Thomas Deisenhofer, Head of Unit, Merger Control, Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels

16:15: Afternoon keynote and Q&A

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

17.00: Chairs’ closing remarks

Deborah Feinstein, Arnold & Porter Kaye Scholer, Washington, DC
Nick Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London

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

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

    Jun Feng, Cleary Gottlieb Steen & Hamilton

     

  • "It was all fantastic!"

    Nicholas Peterson, Cleary Gottlieb Steen & Hamilton

  • "Very interesting, accessible"