Coverage

Ofcom chief economist warns on digital markets unit

Ofcom chief economist warns on digital markets unit

26 June 2019

The chief economist at the UK’s telecommunications regulator has raised concerns about a national digital markets unit.

DG Comp official acknowledges burdensome merger control requirements

DG Comp official acknowledges burdensome merger control requirements

20 June 2019

The European Commission is aware of the “heavy burden” it places on companies to provide internal documents during a merger review, an official at the competition enforcer has said while pointing to how this can help to clear deals.

Mundt: break up companies only if data competition and regulation fail

Mundt: break up companies only if data competition and regulation fail

17 June 2019

The head of Germany’s Federal Cartel Office has laid out potential ways to address problems in the digital economy, short of breaking up big technology companies.

CMA chief economist: counterfactual has become “ugly” for tech deals

CMA chief economist: counterfactual has become “ugly” for tech deals

17 June 2019

Assessing the counterfactual scenario for deals in the digital sectors has become “ugly”, the chief economist at the UK’s antitrust enforcer has said.

Digital competition advice applies more generally, Fletcher says

Digital competition advice applies more generally, Fletcher says

17 June 2019

Recommendations in a report about the digital economy are relevant to non-digital sectors and non-competition concerns, an author of the report has said.

Chairs

Antonio Bavasso

Allen & Overy, London

Antonio is co-head of the Global Antitrust practice at Allen & Overy. He advises on all aspects of antitrust law and has advised on a number of high profile merger and behavioural investigations, as well as regulatory and antitrust litigation. Antonio is recognised as a leading expert on the application of antitrust and regulation to the telecoms, media and technology sector. He is also a visiting professor at UCL, where he is co-founder and co-director of the Jevons Institute.

Antonio has advised on number of mobile merger cases in recent years. His other recent TMT cases include advising 21st Century Fox on its proposed acquisition of Sky, its acquisition by the Walt Disney Company, and EMI Music Publishing on its acquisition by Sony.

Laurent Garzaniti

Freshfields Bruckhaus Deringer, Brussels

Laurent is an antitrust, competition and trade partner in Brussels and is co-head of the firm's telecommunications, media and technology sector group.

Keynote Speakers

Amelia Fletcher OBE

Professor of Competition Policy, University of East Anglia, Norwich

Professor of Competition Policy at the Centre of Competition Policy, University of East Anglia. Amelia is also Non-Executive Director at the Competition and Markets Authority, the Financial Conduct Authority and the Payment Systems Regulator, and a member of the Enforcement Decision Panel at Ofgem. She was previously Chief Economist at the Office of Fair Trading (2001-2013). She has a DPhil and MPhil in economics from Nuffield College, Oxford and in 2014 was awarded an OBE for services to competition and consumer policy. She recently acted as a member of HM Treasury’s Expert Panel on Digital Competition, led by Jason Furman.

Andreas Mundt

President of the German Federal Cartel Office, Bonn

Andreas Mundt has been President of the German Federal Cartel Office since December 2009. He is a member of the Bureau of the OECD Competition Committee and Steering Group Chair of the International Competition Network.

After qualifying as a lawyer following studies at the Universities of Bonn and of Lausanne, he entered the Federal Ministry of Economics. He then joined the staff of the Free Democratic Party in the German Parliament.

In 2000 Andreas Mundt joined the Federal German Cartel Office as rapporteur. He was Head of the International Section of the Bundeskartellamt from 2001 to 2005 and Director of General Policy from 2005 to 2009.

Speakers

Luisa Affuso

Chief Economist, Ofcom, London

Antoine Chapsal

Analysis Group, Brussels, London, Paris

Maria Coppola

Counsel for International Antitrust, Federal Trade Commission, Washington, DC

David Foster

Frontier Economics, Brussels, London

Damien Geradin

EUCLID Law, Brussels

Ilene Gotts

Wachtell, Lipton, Rosen & Katz, New York

Martin d’Halluin

Associate General Counsel, Antitrust, NewsCorp, New York

Renata Hesse

Sullivan & Cromwell, Washington, DC

Hein Hobbelen

Bird & Bird, Belgium/Netherlands

Jonas Koponen

Linklaters, Brussels

Francesco Liberatore

Squire Patton Boggs, London and Brussels

Dominic Long

Allen & Overy, London

Philip Marsden

Deputy Chair, Bank of England, Enforcement Decision Making Committee, London

Sascha Schubert

Freshfields Bruckhaus Deringer, Brussels

Bruno Soria

NERA Economic Consulting, Madrid

Alexandre de Streel

University of Namur and Centre on Regulation in Europe (CERRE), Brussels

Tommaso Valletti

Chief Competition Economist, European Commission, Brussels

Mike Walker

Chief Economic Adviser, Competition and Markets Authority (CMA), London

Annemiek Wilpshaar

Deputy Head of Unit, European Commission, Brussels

Programme

9.00: Welcome coffee and registration

9.30: Chairs’ opening remarks

Antonio Bavasso, Allen & Overy, London 
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

9.45: Opening address

Amelia Fletcher OBE, Professor of Competition Policy, University of East Anglia, Norwich

10.15: Market power, oligopolies, innovation

This panel will discuss recent enforcement trends in the application of the market power concept in Europe and the US in the TMT sector focusing in particular on recent and pending investigations of various digital platforms for abuse of market power (Google, Amazon, Facebook). As part of that, the session will explore the importance of innovation and efficiencies in the assessment of market power in the sector.  The renaissance of the concept of collective dominance and the perspective of increased enforcement in oligopolistic markets (e.g. retail mobile and broadband internet access) at least in Europe will also be tackled. 

Moderator:
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

Panel:
Damien Geradin, EUCLID Law, Brussels
Maria Coppola, Counsel For International Antitrust, Federal Trade Commission, Washington, DC
Bruno Soria, NERA Economic Consulting, Madrid
Alexandre de Streel, Professor, University of Namur and Joint Academic Director, Centre on Regulation in Europe (CERRE), Brussels

11.30: Coffee break      

11.45: Merger control in the tech and digital sectors: are there blind spots?

This session will explore legal and policy considerations that arise in mergers the digital sectors. In recent years many have raised the question of effectiveness of merger control in the tech and digital sector and questioned whether the regimes capture the right transaction or whether reforms are needed. A number of authorities have started looking at these issues. The CMA has commissioned a review of previous decisions. Questions have also been raised about the analytical tools used to assess market power in the sector. Some are calling for the application of asymmetric burdens of proof in concentrated areas. Are these proposal necessary, advisable, implementable? We will explore these themes with our expert panel looking at the experience both in the Europe and in the US.

Moderator:
Antonio Bavasso, Allen & Overy, London 

Panel:
Renata Hesse, Sullivan & Cromwell, Washington, DC
Jonas Koponen, Linklaters, Brussels
Tommaso Valletti, Chief Competition Economist, DG Competition, European Commission, Brussels
Mike Walker, Chief Economic Adviser, Competition and Markets Authority (CMA), London

13.00: Networking lunch   

14.00: Keynote Address

Andreas Mundt, President of the German Federal Cartel Office, Bonn

14.30: Data aggregation and the effectiveness of antitrust, merger control and regulatory tools

This session will explore the main ways in which data may come into play in the competition law assessment of mergers in the IT sector. In the era of the digital economy, the importance of data is ever increasing and offers new opportunities, but also challenges, to consumers, businesses, regulators and competition authorities alike. The debate will focus on whether data aggregation can confer market power; how data aggregation can raise barriers to entry in the communications sector, including OTTs; and how the national regulatory authorities can address such competition concerns. Does the evidence emerging from the above cases indicate that a change may be needed to the existing antitrust and regulatory framework? The question as to whether there is a need for additional regulation to introduce competition in the market will also be considered.

Moderator:
Francesco Liberatore, Squire Patton Boggs, London and Brussels

Panel:
Luisa Affuso, Chief Economist, Ofcom, London
Antoine Chapsal, Analysis Group, Brussels, London and Paris 
Martin d’Halluin, Associate General Counsel, Antitrust, NewsCorp, New York
Philip Marsden, Deputy Chair, Bank of England, Enforcement Decision Making Committee, London

15.45: Coffee break

16.15: Updates and trends on mergers in the media and telecoms sector

A number of landmark decision and judgements have been over the last year both in the US and in the EU and more are in the pipeline.  This fourth panel will discuss critically most recent trends emerging from those cases, including:

  • T-Mobile / Tele 2 – does it indicate a change of direction in the EU?
  • Vodafone / Liberty Global
  • Fox, Comcast and Sky
  • What have we learned from AT&T / Time Warner in the US – and what does it mean for T-Mobile / Sprint?

Moderator:
David Foster, Frontier Economics, Brussels and London

Panel:
Ilene Gotts, Wachtell, Lipton, Rosen & Katz, New York
Hein Hobbelen, Bird & Bird, Brussels and The Hague
Dominic Long, Allen & Overy, London
Sascha Schubert, Freshfields Bruckhaus Deringer, Brussels
Annemiek Wilpshaar, Deputy Head of Unit, DG Competition, European Commission, Brussels

17.30: Chairs closing remarks 

Antonio Bavasso, Allen & Overy, London 
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

17.40: Close of conference

Venue

One Bishops Square, London, E1 6AD, United Kingdom

Ticket Prices

Private Practitioner
Type Price Until
Super Early £600 10 May 2019
Early £700  7 June 2019
Standard £800  17 June 2019

 

In-house/governmental
Type Price
Standard £0