Antitrust & Competition Policy Blog

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

Tuesday, January 8, 2019

GCR Live 8th Annual Antitrust Law Leaders Forum Friday, 01 February 2019 to Saturday, 02 February 2019

GCR Live 8th Annual Antitrust Law Leaders Forum

 

 

Friday-Saturday, 1-2 February 2019, W South Beach, Miami

Chaired by

 

 
 

Margaret Sanderson

Vice President

Charles River Associates

(Toronto)

 

 
 

Jason Gudofsky

Partner

McCarthy Tétrault LLP

(Toronto)

 

Register now to save over 10%

 

Keynote speakers

 
 

Alexandre Barreto de Souza

President

Administrative Council for Economic Defense (CADE)

(Brasília)

 
 

Martin Coleman

Non-Executive Director & Panel Chair,

Competition and Markets Authority (London)

 
 

Christine Wilson

Commissioner

Federal Trade Commission

(Washington, DC)

 

 

Speakers

Maria Cecília Andrade, Antitrust, Compliance and Governmental Affairs, Odebrecht Engenharia & Construção (São Paulo)

Olivier Antoine, Crowell & Moring LLP (New York)

Andrea Appella, Deputy General Counsel, Europe & Asia, 21st Century Fox (London)

Antonio Bavasso, Allen & Overy LLP (London)

Matthew Bennett, Charles River Associates (London)

Marin Boney, Kirkland & Ellis LLP (Washington, DC)

Cristina Caffarra, Charles River Associates (Brussels and London)

George Cary, Cleary Gottlieb Steen & Hamilton (Washington, DC)

Étienne Chantrel, Rapporteur Général Adjoint, Head of Mergers, Autorité de la Concurrence (Paris)

Alastair Chapman, Freshfields Bruckhaus Deringer LLP (London & Brussels)

Maria Coppola, Counsel for European Affairs, Federal Trade Commission (Washington, DC)

Eric Cramer, Berger Montague (Philadelphia)

Bruno de Luca Drago, Demarest (São Paulo)

Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)

Jessica Delbaum, Shearman & Sterling LLP (New York)

Adam Di Vincenzo, Gibson, Dunn & Crutcher LLP (Washington, DC)

Jordan Ellison, Slaughter and May (Brussels)

Rebecca Farrington, White & Case LLP (Washington, DC)

Adam Fanaki, Davies Ward Phillips & Vineberg LLP (Toronto)

Debbie Feinstein, Arnold & Porter LLP (Washington, DC)

Thomas Funke, Osborne Clarke (Cologne & Brussels)

Mark Hamer, Baker McKenzie LLP (Washington, DC)

Ted Hassi, Debevoise & Plimpton (Washington, DC)

Renata Hesse, Sullivan & Cromwell LLP (Washington, DC)

Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)

Pierre Honoré, Bredin Prat (Paris)

Donald Houston, McCarthy Tétrault LLP (Toronto)

Anne-Claire Hoyng, Senior Manager, Competition Policy, Booking.com (Amsterdam)

Paul Johnson, T.D. MacDonald Chair in Industrial Economics, Competition Bureau (Canada)

Gabrielle Kohlmeier, Associate General Counsel, Antitrust & Strategic Projects, Verizon (Washington, DC)

Oliver Latham, Charles River Associates (London)

Eric Lipman, Senior Counsel, Litigation and Global Competition, Uber (San Francisco)

Cecilio Madero Villarejo, Deputy Director-General for Antitrust, DG Competition, European Commission (Brussels)

Philip Marsden, Deputy Chair, Enforcement Decision Making Committee, Bank of England and HM Treasury, Digital Competition Experts Panel (London)

Preston McAfee, Charles River Associates (Los Angeles)

Deirdre McEvoy-Cappock, Lead US Antitrust & Regulatory Counsel, Siemens (New York)

Diana Moss, President, American Antitrust Institute (Washington, DC)

Kristina Nordlander, Sidley Austin LLP (Brussels & London)

Julie North, Cravath, Swaine & Moore LLP (New York)

Edith Ramirez, Hogan Lovells (Washington, DC & Los Angeles)

Barbara Rosenberg, Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)

Marc Rysman, Professor of Economics, Department of Economics, Boston University (Boston)

Yianis Sarafidis, Charles River Associates (Washington, DC)

Carl Shapiro, Professor of the Graduate School, Walter A. Haas School of Business and Department of Economics, University of California (Berkeley)

D. Daniel Sokol, Research Foundation Professor and University Term Professor, Levin College of Law, University of Florida (Gainesville)

Joshua Soven, Wilson Sonsini Goodrich & Rosati (Washington, DC)

Marguerite Sullivan, Latham & Watkins LLP (Washington, DC)

Isabel Tecu, Charles River Associates (Washington, DC)

Gerwin Van Gerven, Linklaters LLP (Brussels)

David Vann, Simpson Thacher & Bartlett LLP (London)

Faustine Viala, Willkie Farr & Gallagher LLP (Paris)

Michael Vita, Deputy Director, Federal Trade Commission (Washington, DC)

Suzanne Wachsstock, Vice President and Chief Antitrust Counsel, American Express (Washington, DC)

Craig Waldman, Jones Day (San Francisco & Silicon Valley)

David Wales, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

Stephen Weissman, Baker Botts LLP (Washington, DC)

James Wilson, Vorys, Sater, Seymour and Pease LLP (Columbus)

Thomas Wollmann, Assistant Professor of Economics, The University of Chicago Booth School of Business (Chicago)

Hans Zenger, Deputy Coordinator Mergers, Chief Economist Team, DG Competition, European Commission (Brussels)

 

Programme

Thursday, 31 January 2019

 

7.00pm - 9.00pm: Welcome reception - sponsored by McCarthy Tétrault LLP

 

Friday, 1 February 2019

 

7.30am - 8.30am: Registration / light breakfast

 

8.30am - 8.45am: Chairpersons' opening remarks

 

Margaret Sanderson, Vice President, Charles River Associates (Toronto)
Jason Gudofsky, Partner, McCarthy Tétrault LLP (Toronto)

 

8.45am - 9.15am: Keynote address

 

Christine Wilson, Commissioner, Federal Trade Commission (Washington, DC)

 

9.15am - 10.45am: Plenary: Multi-sided platforms: Clarity, or confusion?

 

Multi-sided platforms were front and centre at the FTC hearings in the fall, and have raised a host of questions on how antitrust is applied to markets with multiple sides. Earlier in 2018, the US Supreme Court decision in American Express’ “anti-steering” rules of credit card networks has left many wondering what happens next when addressing competitive effects in markets with multiple sides. Is the emphasis on market definition warranted for cases involving exclusionary conduct?   

  • How will differing effects on multiple sides of a platform be weighed? What does economics teach us about the potential trade-offs?
  • Does the Amex decision create an insurmountable burden of proof for plaintiffs in US antitrust cases involving multi-sided platforms? 
  • How is the Court’s decision expected to affect other important platforms such as those in industries involving e-commerce, ride-sharing, social media, and search engines
  • Will the Supreme Court’s ruling create even greater divergence between US and European review of exclusionary practices and vertical restraints?

 

Moderator:
Mark Hamer, Baker McKenzie LLP (Washington, DC)

 

Panel:
Cristina Caffarra, Charles River Associates (Brussels and London)
Eric Lipman, Senior Counsel, Litigation and Global Competition, Uber (San Francisco)
Kristina Nordlander, Sidley Austin LLP (Brussels & London)
Marc Rysman, Professor of Economics, Department of Economics, Boston University (Boston)
Suzanne Wachsstock, Vice President and Chief Antitrust Counsel, American Express (Washington, DC)
James Wilson, Vorys, Sater, Seymour and Pease LLP (Columbus)

 

10.45am - 11.15am: Coffee break

 

11.15am - 12.30pm: (Concurrent sessions)

 

Mergers: Merger review and economics: The next frontier 

 

Decades ago merger review was all about critical loss analysis. Since the release of the latest merger guidelines, the focus has been on upward pricing pressure indices. Margins and diversion ratios have been important throughout. Extensive data is now routinely available, allowing for quantifications that were not possible previously. But econometric analysis is based on past practice, and many merger concerns today are about removing nascent competition and foreclosure. Bargaining models are the latest de rigour economic analysis. This panel will discuss “the best of the best” economic models to use in merger review and how these are used effectively in various jurisdictions.

  • What is the best economic model to deploy in particular cases? Will this be the same economic model in all jurisdictions?
  • Does available data always lead to an econometric analysis?
  • How are bargaining models used when addressing horizontal effects, vertical foreclosure concerns?

 

Moderator:
Rebecca Farrington, White & Case LLP (Washington, DC)

 

Panel:
Andrea Appella, Deputy General Counsel, Europe & Asia, 21st Century Fox (London)
Marin Boney, Kirkland & Ellis LLP (Washington, DC)
Paul Johnson, T.D. MacDonald Chair in Industrial Economics, Competition Bureau (Canada)
Yianis Sarafidis, Charles River Associates (Washington, DC) 
David Vann, Simpson Thacher & Bartlett LLP (London)

 

Antitrust: Is Europe setting the antitrust enforcement agenda today?

 

Europe has been marching ahead of the world with antitrust enforcement action on multiple fronts in respect of unilateral conduct and vertical restraints. While there has been less enforcement by US federal agencies, the FTC hearings have considered a wide range of unilateral conduct covering vertical restraints, predatory pricing and exclusionary conduct. This panel will review recent developments in the treatment of unilateral conduct and vertical restraints.

 

  • What are the practical implications of the discussions at the FTC hearings for future antitrust enforcement actions related to unilateral conduct?
  • What are the implications of the EC Final Report on E-Commerce for treatment of vertical restraints in Europe?
  • In the US, did the earlier lens focused on contracts that reference rivals lead to any different enforcement actions?
  • How should companies deal with allegations of excessive pricing given the different approaches in Europe and the US?
  • What are the implications of the Qualcomm decision for abuse of dominance cases?

 

Moderator:
Debbie Feinstein, Arnold & Porter LLP (Washington, DC)

 

Panel:
Maria Coppola, Counsel for European Affairs, Federal Trade Commission (Washington, DC)
Jordan Ellison, Slaughter and May (Brussels)
Oliver Latham, Charles River Associates (London)
Cecilio Madero Villarejo, Deputy Director-General for Antitrust, DG Competition, European Commission (Brussels)
Joshua Soven, Wilson Sonsini Goodrich & Rosati (Washington, DC)

 

12.30pm - 2.00pm: Networking lunch and lunchtime keynote address

 

Alexandre Barreto de Souza, President, Administrative Council for Economic Defense (CADE) (Brasília)

 

Introducer:
Bruno de Luca Drago, Demarest (São Paulo)

 

2.00pm - 3.15pm: (Concurrent sessions)

 

Mergers: Mergers in the digital economy

 

Antitrust practitioners believe we have a modern merger review process, but the popular press is concerned that tech companies are too big. What does this mean for future acquisitions? The FTC hearings are considering whether different analytical or procedural frameworks are needed to address nascent competition. Are our approaches for addressing the removal of potential competition effective in today’s modern era? Are efficiencies more or less important in such circumstances? This panel will consider merger review in the digital economy.

  • Should different standards apply to notification thresholds and enforcement competencies for digital companies, or just the big ones?
  • What standards will apply to entry and efficiencies in nascent competition or prevent cases?
  • Does the DOJ’s challenge of the AT&T/Time Warner transaction indicate greater convergence among agencies on vertical issues that may be a more prevalent concern in the digital economy?
  • Will merger remedies in the digital age be oriented toward easing entry and switching costs as opposed to structural remedies?

 

Moderator:
Olivier Antoine, Crowell & Moring LLP (New York)

 

Panel:
Antonio Bavasso, Allen & Overy LLP (London)
Matthew Bennett, Charles River Associates (London)
Étienne Chantrel, Rapporteur Général Adjoint, Head of Mergers, Autorité de la Concurrence (Paris)
Gabrielle Kohlmeier, Associate General Counsel, Antitrust & Strategic Projects, Verizon (Washington, DC)
Edith Ramirez, Hogan Lovells (Washington, DC & Los Angeles)

 

Antitrust: Platform regulation and antitrust

 

The rise of platforms such as Amazon and Google have changed the way that consumers obtain goods and suppliers supply them. Regulators worldwide are grappling with how to assess the impact of mega-platforms through antitrust law. In the United States, at least one FTC Commissioner has argued for increased regulation of platforms through rulemaking, but as recent cases have shown, courts remain sceptical of the dangers of below-cost pricing and vertical integration. In Europe, there is extensive discussion going on and legislative proposals have been made not only by the European Commission but also at the member state level to issue platform-specific regulation, including a proposed EC regulation that addresses issues like transparency on algorithms, preferential treatment of own services or MFN practices regardless of dominance/market power. This panel will debate the efficacy and ability of antitrust law to address platform competition. 

 

  • Does the traditional consumer welfare analysis apply to antitrust issues involving companies like Google, Facebook and Amazon?
  • Should antitrust be used to address labour monopsony, privacy and other concerns involving tech?
  • With operations spanning the globe, how would regulation apply?
  • Where antitrust laws are violated, but remedies are ineffective, is there any other option except regulation?

 

Moderator:
Stephen Weissman, Baker Botts LLP (Washington, DC)

 

Panel:
Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)
Anne-Claire Hoyng, Senior Manager, Competition Policy, Booking.com (Amsterdam)
Philip Marsden, Deputy Chair, Enforcement Decision Making Committee, Bank of England and HM Treasury, Digital Competition Experts Panel (London)
Preston McAfee, Charles River Associates (Los Angeles)
Craig Waldman, Jones Day (San Francisco & Silicon Valley)

 

3.15pm - 3.45pm: Coffee break

 

3.45pm - 5.00pm: (Concurrent sessions)

 

Mergers: Minority interests and institutional investors 

 

It has been a well-established tenet of antitrust law that a firm’s partial ownership of a competitor may raise competition issues. With increased concentration in industry generally, institutional investors and private equity investors may hold interests in several competitors, which some have argued softens rivalry leading to higher corporate mark-ups overall.

  • Where such investment is implemented through numerous unaffiliated funds, should such minority investments be treated in the same way as minority interests, and can they truly raise competition issues? 
  • From an economic perspective, what is the theory of harm and what is the threshold at which multiple minority interests will become an antitrust risk?

 

Moderator:
Adam Di Vincenzo, Gibson, Dunn & Crutcher LLP (Washington, DC)

 

Panel:
George Cary, Cleary Gottlieb Steen & Hamilton (Washington, DC)
Alastair Chapman, Freshfields Bruckhaus Deringer LLP (London & Brussels)
Adam Fanaki, Davies Ward Phillips & Vineberg LLP (Toronto)
Barbara Rosenberg, Barbosa Müssnich Aragão (São Paulo & Rio de Janeiro)
Isabel Tecu, Charles River Associates (Washington, DC)

 

Antitrust: “Oh no! We got nailed” – compliance after the worst case scenario

 

How do you create an effective compliance program and deal with follow on litigation as part of ongoing compliance after a cartel infringement? This panel will discuss what happens when your company falls on the wrong side of competition law, and how to develop a robust compliance program to keep the worst from happening. What happens when the antitrust violation becomes fraud and corruption charges?

  • How have global changes affected company compliance and strategies before agencies in the case of an investigation?
  • What is the current landscape with respect to discounts or “credits” for an effective compliance program? How can in-house counsel leverage an existing compliance program and a desire to “do better” to mitigate penalties should an investigation be initiated?
  • What are the key compliance issues facing in-house counsel today? What monitoring tools are recommended for creating an effective in-house compliance program?
  • What are the costs and benefits of these types of compliance systems and how can you determine which compliance safeguards are appropriate for your business?

 

Moderator:
Jessica Delbaum, Shearman & Sterling LLP (New York)

 

Panel:
Maria Cecilia Andrade, Antitrust, Compliance and Governmental Affairs, Odebrecht Engenharia & Construção (São Paulo)
Miguel del Pino, Marval, O'Farrell & Mairal (Buenos Aires)
Pierre Honoré, Bredin Prat (Paris)
Deirdre McEvoy-Cappock, Lead US Antitrust & Regulatory Counsel, Siemens (New York)
Marguerite Sullivan, Latham & Watkins LLP (Washington, DC)

 

5.00pm: Conclusion of day one

 

Evening: All delegates are invited to attend an all-conference dinner at The Forge Restaurant sponsored by Charles River Associates, followed by an after-party sponsored by Shearman & Sterling.

 

Saturday, 2 February 2019

 

7.30am - 8.30am: Registration / light breakfast

 

8.30am - 9.00am: Keynote address

 

Martin Coleman, Non-Executive Director and Panel Chair, Competition and Markets Authority (London)

 

9.00am - 10.15am: (Concurrent sessions)

 

Mergers: Under-enforcement or ineffective remedies?

 

Rising corporate mark-ups are being linked to negative macro-economic effects including increasing inequality. Weak antitrust is cited as one cause. But would blocking more mergers change anything? Are there other remedies that might be more effective, assuming there is a problem to solve? What remedies have been used in other jurisdictions or in other regulatory proceedings? The remedy debate outside mergers is that fines are ineffective in correcting conduct which suggests it may be all the more important to get merger review right before industries become too concentrated.

  • Is the skepticism on behavioural remedies in mergers ill-placed?
  • How do we know if we are blocking the right “amount of mergers”?
  • Would reform of our remedies in respect of dominant firm conduct take some of the pressure off merger review?

 

Moderator:
Renata Hesse, Sullivan & Cromwell LLP (Washington, DC)

 

Panel:
Gerwin van Gerven, Linklaters LLP (Brussels)
Diana Moss, President, American Antitrust Institute (Washington, DC)
Faustine Viala, Willkie Farr & Gallagher LLP (Paris)
David Wales, Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)
Thomas Wollmann, Assistant Professor of Economics, The University of Chicago Booth School of Business (Chicago)

 

Antitrust: Civil litigation: A multijurisdictional view

 

Civil litigation issues are more prominent now that we are seeing active plaintiffs in Europe, the US, and Canada. This panel will provide a comparative view on class certification issues, private antitrust damages and other issues, including economic views.

  • Has the rejection of multiple damage awards resulted in a slower development of private damage recoveries and antitrust litigation in Europe and elsewhere?
  • What lessons can be learned from significant multijurisdictional litigation such as the Air Cargo case?
  • How does damages litigation elsewhere in the world compare to the US and Europe?
  • Is greater private enforcement making companies less likely to apply for immunity/leniency?

 

Moderator:
Ted Hassi, Debevoise & Plimpton LLP (Washington, DC)

 

Panel:
Eric Cramer, Berger Montague (Philadelphia)
Donald Houston, McCarthy Tétrault LLP (Toronto)
Thomas Funke, Osborne Clarke (Cologne & Brussels)
Julie North, Cravath, Swaine & Moore LLP (New York)

 

10.15am - 10.45am: Coffee break

 

10.45am - 12.15pm: Plenary: Economist plenary

 

Moderator:
D. Daniel Sokol, Research Foundation Professor and University Term Professor, Levin College of Law, University of Florida (Gainesville) 

 

Panel:
Margaret Sanderson, Vice President, Charles River Associates (Toronto)
Carl Shapiro, Professor of the Graduate School, Walter A. Haas School of Business and Department of Economics, University of California (Berkeley) 
Hans Zenger, Deputy Coordinator Mergers, Chief Economist Team, DG Competition, European Commission (Brussels)
Michael Vita, Deputy Director, Federal Trade Commission (Washington, DC)

 

12.15pm: Chairpersons' closing remarks

 

Margaret Sanderson, Vice President, Charles River Associates (Toronto)
Jason Gudofsky, Partner, McCarthy Tétrault LLP (Toronto)

 

12.30pm onwards: Close of conference and networking lunch

 

Sponsors

In association with

 

 
 
 
 

Cocktail reception host

After-party host

 

 
 
 

Conference supporter

 

 

Associate sponsors

 

 
 
 

Conference fees

 

 

 Private Practitioner

Type 

Price 

Until 

 Super Early

$1,525

21 Dec 2018

Early 

$1,725

18 Jan 2019

Standard 

$1,950

2 Feb 2019

 

 In-house Counsel/Government Agency

Type 

Price 

 Standard

Complimentary

 

Discounted rates are available for GCR premium subscribers, contact us for further information.

https://lawprofessors.typepad.com/antitrustprof_blog/2019/01/gcr-live-8th-annual-antitrust-law-leaders-forum-friday-01-february-2019-to-saturday-02-february-2019-1.html

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