Antitrust & Competition Policy Blog

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

Friday, May 6, 2011

Cross-Border Antitrust Issues, Tuesday, June 7, 2011, Clifford Chance 4th floor Conference Center, New York

Posted by D. Daniel Sokol

Clifford Chance and MLex Invitation




Cross-Border Antitrust Issues



Tuesday, June 7, 2011


Clifford Chance 4th floor Conference Center

31 West 52 Street, New York 10019


Registration: 9:00 a.m.  

Program: 9:30 a.m. - 5:00 p.m.

Breakfast and lunch will be served.






Clifford Chance and MLex cordially invite you to a seminar on handling multi-jurisdictional antitrust issues. The seminar will be led by antitrust lawyers from Clifford Chance offices around the globe as well as members of the international antitrust law and regulatory media agency MLex. Panel discussions will include participation from international antitrust authorities, foreign law firm experts, and antitrust executives at multinational corporations. The Program includes:


A conversation on institutional design and possible reforms

  • Do some regulators have more power than others (the judge and jury question)?
  • How does multi‐jurisdictional coordination work?
  • What are the greatest obstacles toward convergence?
  • Why are there different tests and standards?
  • Is there a policy shift toward deference to the jurisdiction with the more significant antitrust issue?
  • Is there room for two competition agencies?
  • What are the advantages and disadvantages of a two agency system?
  • Is change likely to occur?
  • What is the role of the ICN? Whose standards apply and why?


Moderator:  Alex Nourry, Clifford Chance London



William E. Kovacic, Commissioner, US Federal Trade Commission
John Fingleton, Chief Executive, Office of Fair Trade
Michel Petite, Clifford Chance Paris and Former Director General of the EC Legal Service


Transactions in emerging antitrust regulatory regimes


  • What is the status of implementing antitrust merger control in India, China, Russia and Brazil?
  • What are the impediments for companies?
  • How does competition with state‐owned entities affect the merger control review?
  • Will there be backlash in established jurisdictions if the process in BRIC countries is perceived as political?


Moderator: William Blumenthal,Clifford Chance US



Torsten Syrbe, Clifford Chance Moscow (Russia)
Samir Ghandi, Economic Laws Practice (India)
Ninette Dodoo, Clifford Chance Beijing (China)
Caio Mário Mário da Silva Pereira Neto, Brasil Pereira Neto Galdino Macedo (Brazil)


Coordinating multi jurisdictional transactions


  • What are the pitfalls and difficulties in multi‐jurisdictional filings?
  • What are the decision points for jurisdictions with voluntary filing requirements? What are the risks in filing or not filing?
  • How should companies address complainants/interveners across jurisdictions?
  • How should companies deal with multiple antitrust authorities simultaneously?
  • What to do when separate jurisdictions are seeking conflicting remedies?
  • When should companies address remedies and should they address them simultaneously with multiple regulators?


Moderator:  Robert McLeod, MLex


Mark Siemens, Senior Counsel, Siemens Corporation
Miguel del Pino, Marval, O'Farrell & Mairal (Argentina)
Dr. Andreas Bardong, Head of Section Merger Control Policy, Germany Bundeskartellamt
Thomas Vinje, Clifford Chance Brussels


Handling multi jurisdictional antitrust investigations and litigations


  • How do the varied rules of privilege affect multi‐jurisdictional investigations and litigations?
  • How do different legal standards – dominance vs. monopolization – affect forum choice?
    When should you retain outside counsel?
  • How does the potential for criminal prosecution in one or more jurisdictions affect how an investigation is handled?
  • How does the computation of damages differ across jurisdictions?
  • What effect do compliance programs have on civil fines?


Moderator: Lewis Crofts, MLex



Thomas Kramler, Deputy Head of Unit, DG Competition, European Commission
Joshua Soven, Chief Litigation 1 Section, U.S. Department of Justice Antitrust Division
Dr. Andreas Bardong, Head of Section Merger Control Policy, Germany Bundeskartellamt
Luke Tolaini, Clifford Chance London



This course will offer New York State CLE credit.



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