Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Sunday, February 15, 2009

Competition Law under New Administrations– Convergence or Divergence? Views from both sides of the Atlantic

Posted by D. Daniel Sokol

Competition Law under New Administrations– Convergence or Divergence? Views from both sides of the Atlantic

Monday 27th April 2009, 10 St James's Square, London SW1

Agenda

Chairman: Richard Whish Professor of Law, Centre of European Law, King’s College

08.15 Registration and coffee
08.50 Chairman's introduction and welcome
09.00 Implementing Competition Policy in Challenging Times – A View from the Enforcers
Moderated by Professor Richard Whish

  • Financial sector focus – the approach to State aid in Europe and the US
  • Merger control in an economic crisis
  • Single firm conduct

John Fingleton Chief Executive, Office of Fair Trading
Philip Lowe Director General, DG Competition, European Commission
William E. Kovacic Chairman, Federal Trade Commission
10.15 Coffee break
10.40 Article 82 and Abuse of Market Dominance – EC vs. US Enforcement Priorities Moderated by Thomas Vinje, Partner, Clifford Chance LLP, Brussels    

  • Are there fundamental differences in law and enforcement policies between the EC and the US on single firm conduct?          
  • Assessment of dominance          
  • Approach to balancing pro- and anti-competitive effects
  • Tying
  • Pricing
  • Refusals to reply
  • Will the Obama Administration adhere to the Bush-era DoJ report on single firm conduct?
  • Financial sector focus – the approach to State aid in Europe and the US
  • Will there be more coherence between the DoJ and the FTC and greater transatlantic coherence? Panellists: William E. Kovacic Chairman, Federal Trade Commission

Luc Peeperkorn Senior Administrator, DG Competition, European Commission, Brussels
William J. Baer Partner, Arnold & Porter LLP, Washington DC
Jon Orszag Senior Managing Director, Compass Lexecon LLC Washington DC
Christian Duvernoy Partner, WilmerHale LLP, Brussels
12.20 Q & A and discussion
12.50 Lunch
13.50 Merger Control Moderated by Rachel Brandenburger, Partner, Freshfields Bruckhaus Deringer LLP 

  • Will there be more intervention under the new US administration?
  • Will the FTC and DoJ’s approaches be similar?
  • How is the economic crisis influencing the approach to mergers on both sides of the Atlantic at the US Federal and EU Commission levels?
  • What influence are US states and EU states having in these troubled times?
  • What sorts of merger activity are we seeing and can we expect to see?
  • What role is political influence and intervention playing in the US and EU?
  • Is there a need for, or evidence of, accelerated review timetables and creative remedies?
  • Are there differences in the US and EU approach to vertical mergers?
  • What is the scope and effect of third-party challenges to mergers?

Panellists: Philip Lowe Director General, DG Competition, European Commission
William Blumenthal Partner, Clifford Chance LLP, Former General Counsel, Federal Trade Commission
William J. Baer Partner, Arnold & Porter LLP, Washington DC
Antoine Winckler Partner, Cleary Gottlieb Steen & Hamilton LLP
Cristina Caffara Vice President, CRA International
Debra Valentine Global Head of Legal, RioTinto Group
15.20 Coffee break
15.40 Antitrust Litigation - A Model for Europe? Moderated by John Pheasant, Partner, Hogan & Hartson LLP

  • Developments in the UK: cases in the High Court and the Competition Appeal Tribunal
  • Opt-in class actions: the prospects for new procedural rules
  • A comparative view of France and Germany    
  • Jurisdiction and Rome II: forum shopping and applicable law reviewed    
  • Funding competition law damages claims
  • Access to documents in the competition authorities' files
  • Leniency, criminal sanctions and claims for damages: procedural issues and the rights of individuals and companies
  • A plaintiffs’ bar in Europe? Is it necessary?
  • A view from consumer representatives

Panellists: William J. Kolasky Partner, WilmerHale LLP, Washington DC
Stephen Kon Partner, SJ Berwin LLP, London
Jon Lawrence Partner, Freshfields Bruckhaus Deringer LLP, London
Ingo Brinker Partner, Gleiss Lutz, Munich
Michel Debroux Partner, Hogan & Hartson LLP, Paris
Deborah Prince Head of Legal, Which?, London
17.15 Q & A and discussion
17.30 Close of conference and drinks reception

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