Thursday, 7 June 2018, New York, USA

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.

2017 Programme

8.00: Welcome coffee and registration

8.30: Chairs' opening remarks

Nick Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London
Margaret Segall D'Amico, Cravath, Swaine & Moore, New York

8.45: In conversation with the US Department of Justice

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

Interviewer:
Margaret Segall D'Amico, Cravath, Swaine & Moore, New York

9.45: When the crystal ball cracks: Why are divestitures failing?

The US has seen three failed divestitures in less than 4 years: Hertz/Dollar Thrifty, Albertsons/Safeway, Dollar Tree/Family Dollar

  • What's missing in the FTC's analysis? Does the agency need to rethink its methodology when determining which divestiture buyers will succeed? Alternatively (as former FTC competition bureau head Deborah Feinstein has suggested), is this a problem of collapsing brick-and-mortar retail in the US economy due to consolidation and online sales?
  • Is this solely a problem in the US? How are other agencies, especially in Canada, dealing with this? (There has been considerable retail-level consolidation in Canada over the past few years, including among supermarkets).
  • Should such failures matter so long as the assets divested to a buyer that then goes bankrupt or has to give up on them remain in the market? 

Moderator:
Kevin Arquit, Weil, Gotshal & Manges, New York

Panel:
Melanie Aitken, Bennett Jones, Washington, DC
Deborah Feinstein, Arnold & Porter Kaye Scholer, Washington, DC
Kostis Hatzitaskos, Cornerstone Research, Chicago
Keith Waehrer, Bates White, Washington, DC

11.00: Coffee break

11.25: Public interest considerations in merger review

Major global mergers increasingly face both antitrust and foreign investment reviews. As governments in North America and Europe speak to protectionism, populism, jobs and other industrial policy and national interests in their economic policies, the inclusion of public interest considerations in competition enforcement is likely to increase well beyond national security issues. This panel will offer guidance on how to plan for and navigate challenges arising from mergers that may see concurrent competition and foreign investment/public interest reviews. The discussion will include:

  • The causes of this evolving trend;
  • The scope of anticipated public interest considerations in significant merger cases across a number of jurisdictions;
  • The degree of procedural and substantive cooperation with competition reviews within and between jurisdictions;
  • The degree to which guidelines and other agency insights may alleviate uncertainty in merger planning; and
  • The question of which authority should decide public interest considerations: the competition agency or a separate public body.

Moderator:
Calvin Goldman QC, Goodmans, Toronto

Panel:
Shawn Cooley, Freshfields Bruckhaus Deringer, Washington, DC
Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz, New York
Susan Ning, King & Wood Mallesons, Beijing and Sanya
Mark Whitener, Senior Counsel, Competition Law & Policy, General Electric, Washington, DC

12.40: Networking lunch

13.45: EU speaker

Paul Csiszár, Director of Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels

Interviewer:
David Hull, Van Bael & Bellis, Brussels

14.45: Coffee break

15.15: Brexit - Implications for litigation, merger control and antitrust

Brexit promises to upend competition law enforcement in the UK with significant and far-reaching implications for merger control, antitrust, and civil litigation. Our panel of UK experts will endeavour to predict Brexit's effects on antitrust policy and practice, and examine the potential consequences for companies and their counsel.

Moderator:
Nick Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London  

Panel:
John Fingleton, CEO, Fingleton Associates, London
Michael Grenfell, Executive Director, Enforcement, Competition and Markets Authority (CMA), London
Paula Riedel, Kirkland & Ellis, London
Deirdre Taylor, Gibson, Dunn & Crutcher, London

16.30: An interview with Terrell McSweeny

Terrell McSweeny, Commissioner, Federal Trade Commission, Washington, DC

Interviewer:
Joseph Matelis, Sullivan & Cromwell, Washington, DC

17.15: Chairs' closing remarks

Nick Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London
Margaret Segall D'Amico, Cravath, Swaine & Moore, New York

17.30 onwards: All delegates are invited to attend a drinks reception kindly hosted by Cravath, Swaine & Moore

New York, 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"