Wednesday, May 4, 2011
Posted by D. Daniel Sokol
Bates White's 8th Annual Antitrust Conference
- June 6, 2011
- Washington, DC
Trends and takeaways from recent merger enforcement actions
Joseph Farrell, Director, Bureau of Economics, Federal Trade Commission
Renata B. Hesse, Partner, Wilson Sonsini Goodrich & Rosati
J. Robert Kramer II, General Counsel, Office of the Assistant Attorney General, Department of Justice
John H. Lyons, Partner, Skadden, Arps
David P. Wales, Partner, Jones Day
George A. Rozanski, Partner, Bates White Economic Consulting (moderator)
This panel will discuss recent developments in merger enforcement in the United States including the impact, or lack of impact, that the new Horizontal Merger Guidelines (HMG) has had on enforcement priorities and the types of analysis being considered by the agencies. We will explore the following questions:
- What do recent cases say about the agencies’ enforcement stance?
- Have measures of diversions and margins replaced measures of concentration and market definition? What will courts say?
- How have revisions to the sections on coordinated effects and geographic market definition influenced the agencies’ enforcement stance and analyses presented by merging parties?
- Agency review of consummated mergers: is it an exercise in repairing the damage or deterring non-reportable but anticompetitive mergers in the future?
Is it time to improve the Foreign Trade Antitrust Improvement Act?
Amy B. Manning, Partner, McGuire Woods
Jerome A. Murphy, Partner, Crowell & Moring
Mark Rosman, Partner, Wilson Sonsini Goodrich & Rosati
Jodi Trulove, Partner, Dickstein Shapiro
Charles L. Miller, Partner, Bates White Economic Consulting (moderator)
In a number of antitrust cases–including notable recent decisions in LCDs, DRAM, and AMD v. Intel–courts have limited private remedies available under U.S. law in rulings citing the Foreign Trade Antitrust Improvement Act (“FTAIA”) of 1982.
Critics claim that such decisions deny full compensation to victims, allow violators to retain illegal gains, and dilute the threat of treble-damage remedies. Proponents argue that international comity requires limits to U.S. civil actions and that higher U.S. civil penalties discourage self-reporting of antitrust violations and cooperation with authorities. We will explore the following questions:
- Are U.S. courts striking the right balance?
- If the status quo continues, what are the implications for antitrust law enforcement in the United States and abroad?
- Should Congress act to amend the FTAIA and, if so, how?
“Market Power, Market Definition, and the Merger Guidelines”
Louis Kaplow, JD, PhD, Finn M.W. Caspersen and Household International Professor of Law and Economics, Harvard Law School; Associate Director, John M. Olin Center for Law, Economics, and Business
Date, location, and timeline
Monday, June 6, 2011
Ronald Reagan Building
1300 Pennsylvania Avenue NW
Washington, DC 20004
Horizontal Merger Guidelines panel
Dinner and keynote address
To register, please email Claudine Roshanian or call her at 202.216.1801