12 September 2022

10th Bill Kovacic Antitrust Salon

Date & place

Monday 12 September 2022 from 13:00 to 19:00 EDT

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10th Bill Kovacic Antitrust Salon

2000 H Street Northwest

20052 Washington United States
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Program

WELCOME & LUNCH

12.00

WELCOME REMARKS

13.00

William KOVACIC | Professor, The George Washington University Law School, Washington D.C. (bio)

OPENING DISCUSSION

13.15

Avery GARDINER | Chief Counsel for competition and tech policy to Senator Amy Klobuchar, Senate Judiciary Committee, Washington D.C. (bio)
William KOVACIC | Professor, The George Washington University Law School, Washington D.C. (bio)

#1 MERGER CONTROL: NEW CHALLENGES AHEAD

14.00

The US antitrust agencies have promised to “re-invigorate” antitrust enforcement. Among other things, the agencies stated that they aim to adopt new merger guidelines by the end of the year, have said they are taking a more restrictive approach toward remedies, and are prepared to litigate more cases. Moreover, the growing number of merger control regimes is leading parties to transactions to operate in an increasingly complex web of notification requirements, review times and processes, and substantive review frameworks. All of this change is happening at a time of unprecedented deal volume, creating challenges for business people and directors.

Bill BAER | Visiting Fellow, The Brookings Institution, Washington D.C. (bio)
Michael KADES | Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice, Antitrust Division, Washington D.C. (bio)
Aviv NEVO | George A. Weiss and Lydia Bravo Weiss University Professor, Professor of Economics and Marketing, The Wharton School and Department of Economics, University of Pennsylvania, Philadelphia (bio)
John NEWMAN | Deputy Director, FTC, Washington D.C. (bio)
Bernard A. NIGRO Jr. | Partner, Fried Frank, Washington D.C. (bio)

Moderator: Koren WONG-ERVIN | Partner, Axinn, Washington D.C. (bio)

COFFEE BREAK

15.30

#2 LABOR MARKETS: WHERE ARE THE ANTITRUST CONCERNS?

15.45

In the US, the antitrust agencies are taking an aggressive position towards practices that affect labour markets, including an unfavourable view of non-solicitation and non-compete agreements. However, recent decisions in criminal wage-fixing and no-poach cases where juries have decided to acquit, have raised questions about the effectiveness of such enforcement.

Rosa ABRANTES-METZ | PhD and Principal Co-Chair, The Brattle Group, New York (bio)
Benjamin HARRIS | Assistant Secretary for Economic Policy, U. S. Department of Treasury, Arlington (bio)
Anna MEYENDORFF | PhD, Partner and Co-Chair of Antitrust Practice, Bates White, Washington D.C. (bio)
Diana L. MOSS | President, American Antitrust Institute, Washington D.C. (bio)
Maureen OHLHAUSEN | Partner, Baker Botts, Washington D.C. (bio)
Andrew SCHUPANITZ | Trial Attorney for the Antitrust Division, U.S. Department of Justice, San Francisco (bio)

Moderator: Alexander OKULIAR | Co-chair Global Antitrust Law, Morrison & Foerster, Washington D.C. (bio)

#3 ANTITRUST AND PRIVATE EQUITY IN THE BIDEN ADMINISTRATION

17.15

The Biden administration is seeking to crack down on private equity to prevent it from "rolling up" large swathes of US businesses. In this context, the DOJ and FTC want to introduce a more robust assessment of private equity transactions, with a particular focus on situations where companies are engaged in corporate roll-ups. The questions now arise as to whether more aggressive enforcement is called for and how, in practice, the antitrust agencies will implement such a robust assessment.

Laura ALEXANDER | Vice President of Policy, American Antitrust Institute, Washington D.C. (bio)
Sabrina HOWELL | Associate Professor of Finance, NYU Stern, New York (bio)
Bilal SAYYED | Senior Competition Counsel, TechFreedom, Washington D.C. (bio)

Moderator: Jack E. PACE | Partner, White & Case, New York (bio)

PREVIOUS ATTENDEES

Enforcers: Argentinian Competition Authority, Brazilian Competition Authority, Bundeskartellamt, Canadian Competition Bureau, Chilean Competition Authority, DG COMP, European Commission, Japan Fair Trade Commission, OECD Competition Committee, Office of the NYS Attorney General, Mexican Competition Authority, UK Competition and Markets Authority, U.S. Circuit Court for the District of Columbia, U.S. Court of Federal Claims, U.S. Department of Justice, U.S. District Court, U.S. Federal Trade Commission, World Bank etc.

Corporations: Abbott Laboratories, Amazon, American Express, Bank of America, Dow AgroSciences, Estee Lauder Companies, Etihad Airways, Facebook, General Electric, Google, Honeywell, Intel, Microsoft, Mozilla, News Corp, Qualcomm, T-Mobile, The Coca-Cola Company, Uber, Verizon, Walmart etc.

Lawyers: Arnold & Porter, Axinn, Baker Botts, Baker McKenzie, Bird&Bird, Charles River Associates, Cleary Gottlieb Steen & Hamilton, Clifford Chance, CMS, Freshfields, Herbert Smith Freehills, Hogan Lovells, Jones Day, KPMG, Latham & Watkins, Linklaters, Morgan Lewis & Bockius, McDermott Will & Emery, Orrick, Paul Hastings, Skadden Arps, White & Case, Wilson Sonsini Goodrich & Rosati etc.

Economists: Bates White, CAP Economics, Compass Lexecon, Cornerstone Research, Criterion Economics, DT Economics, Economists Incorporated, EconOne, HBK, KPMG, NERA Economic Consulting, RBB Economics, The Brattle Group etc.

Academics: American University Washington College of Law, Brunel University London, Cambridge University, George Washington University Law School, Georgetown University, Harvard Law School, King’s College London, Kobe University, North West University, Universität Potsdam, University of Glasgow, University of Helsinki, University of Hong Kong, University of Indonesia, University of Pennsylvania Law School, University of Nottingham, University of Zürich etc.

If you would like to read about this event’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription here.

Panel 1: Merger Control: New Challenges Ahead

1. Jessica K. Delbaum, Ryan Leske, Merger remedies in the US: An overview of the leading cases, 21 July 2022

2. Jonathan Elsasser, Bob Leibenluft, Ilana Kattan, The US FTC seeks to block another two hospital mergers following recent successes and growing concerns over increased concentration in the hospitals sector (HCA Healthcare / Steward Health Care System) (RWJ Barnabas Health / Saint Peter’s Healthcare System), 7 June 2022

3. US Federal Trade Commission, The US FTC seeks to block a merger between two local hospitals which would give the combined entity a local market share of over 50% in some services (RWJ Barnabas Health / Saint Peter’s Healthcare System), 2 June
2022

4. US Federal Trade Commission, The US FTC and DoJ launch a joint public inquiry aimed at strengthening enforcement against illegal mergers, 18 January 2022

5. Michele Harrington, Robert F. Baldwin, The US FTC publishes the annual jurisdictional adjustments for pre-merger notification filings under the Hart-Scott-Rodino Act which will take effect in the next 30 days, 24 January 2022

6. Mark J. Gidley, George Paul, Rebecca H. Farrington, Douglas Jasinski, Anna Kertesz, Ashley Stoner, The US FTC votes 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation after signaling its intent to bring back an old practice of mandatory prior approval and notice provisions in consent orders earlier this year, 25 October 2021

7. Alysia A. Solow, Alan H. Schwartz, The US FTC introduces 5 process changes for second requests in its merger reviews, 28 September 2021

8. Lesli C. Esposito, Marisa E. Poncia, The US FTC announces a series of new reviews scheduled for 2022 regarding its key guides and rules, 9 July 2021

Panel 2: Labor Markets: Where Are the Antitrust?

1. Jeffrey E. Stone, Justin P. Murphy, Daniel Campbell, The US District Court for the District of Colorado enters a federal jury’s acquittal in first of its kind criminal case against a company and its CEO for no-poach agreements with rivals (DaVita / Thiry), 15 April 2022

2. Stephen Wu, Joshua W. Eastby, The US DoJ and Department of Labor release a Memorandum of Understanding to strengthen and coordinate enforcement efforts in labor markets, 10 March 2022

3. Daniel E. Shulak, Kathryn Hellings, The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization, 2 March 2022

4. Steven E. Bizar, The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry), 28 January 2022

5. ​​Portuguese Competition Authority, The Portuguese Competition Authority publishes a final report and best practices guide on anticompetitive agreements in the labor market, 21 September 2021

Panel 3: Antitrust and Private Equity in the Biden Administration

1. US Federal Trade Commission, The US FTC approves a USD 1.1B acquisition of a chain of vets by a private equity firm subject to divestment of practices in California and Texas (JAB Consumer Partners / SAGE Veterinary Partners), 5 August 2022

2. Christophe De Vienne, Mélanie Thill-Tayara, Laurence Bary, The EU Court of Justice declares that financial investors are liable for anti-competitive conduct of portfolio companies (Goldman Sachs), 27 January 2021

3. Craig G. Falls, James A. Fishkin, Beverly J. Ang, Jill A. Ross, Thomas J. Miller, The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity, 21 September 2020

Organizers

This is the 10th edition of this joint conference organized by Concurrences and The George Washington University Law School, in partnership with sponsors. The attendee list will be communicated to the speakers. By registering for this conference, you are submitting your information to the event organisers who will use it to communicate with you regarding this event and their other services. This event will be recorded. If your question is selected for the Q&A session, you are consenting to be recorded. The official hashtag of this event on our social media is #AntitrustSalon. Use it to get updated and add your inputs to the discussions. You can check the news of this event on our Twitter, Linkedin Company page, Linkedin Group or Instagram.

10th Bill Kovacic Antitrust Salon

2000 H Street Northwest

20052 Washington United States