Registration & Breakfast8:30
Lawrence WHITE | Professor - Department of Economics, NYU Stern School of Business, New York (bio)
#1 COMPETITION IN LABOR MARKETS: WHAT ANTITRUST HAS TO DO WITH THAT?9:15
Market power held by buyers (monopsony power), is equated with the threat of anti-competitive behavior in product markets or hiring bias. However, monopsony would be pervasive in the labor market, with employers keeping wages below competitive levels. To counter the power of employers, more support for unions, higher minimum wages, enforcement of antitrust laws in labor markets, and prohibition of non-compete agreements are being considered. It will also be interesting to discuss the US, UK and EU perspectives on issues related to non-solicitation and non-competition agreements.
Rosa ABRANTES-METZ | Principal, Brattle, New York (bio)
Laura ALEXANDER | Director of Markets and Competition, Washington Center for Equitable Growth, Washington D.C. (bio)
Elinor HOFFMANN | Chief, Antitrust Bureau Office of the Attorney General, New York (bio)
Elizabeth WILKINS | Director, Office of Policy Planning, US Federal Trade Commission, Washington D.C. (bio)
Koren WONG-ERVIN | Partner, Axinn, Washington D.C. (bio)
Moderator: Daniel FRANCIS | Assistant Professor of Law, NYU School of Law (bio)
#2 MERGER CONTROL IN THE NEW WORLD OF ANTITRUST11:30
Recent developments are having an impact on the functioning of the market and in particular on the enforcement of merger control, which is now more strictly enforced. In major jurisdictions, such as the United States, the European Union and the United Kingdom, antitrust authorities are under political pressure to address concerns about excessive market concentration, inadequate enforcement and to take a more active role in consumer protection. The number of factors considered in merger review is now broader. These include geopolitical concerns, access to essential products in key sectors, sustainability and the effects of mergers on labour markets.
George S. CARY | Partner, Cleary Gottlieb, Washington D.C. (bio)
Gwendolyn COOLEY | NAAG Antitrust Task Force Chair and Winsconsin’s Assistant Attorney General, Office of the Attorney General, Madison (bio)
Gönenç GÜRKAYNAK | Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Douglas RATHBUN | Public Policy manager, Meta, Washington D.C. (bio)
David TESLICKO | Counsel to the Assistant Attorney General, U.S. Department of Justice, Washington D.C. (bio)
Moderator: Luis CABRAL | Chair - Department of Economics, NYU Stern School of Business, New York (bio)
#3 BIG TECH ANTITRUST BILLS14:00
On September 29, the U.S. House of Representatives has passed a package of bills that would increase antitrust review fees for the largest mergers and strengthen state attorneys general in antitrust battles. These measures are intended to strengthen the tools of antitrust authorities to control large technology companies. Moreover, the American Innovation and Choice Online Act and the Open App Markets Act will aim to tackle anti-competitive actions by digital gatekeepers. These bills propose rules to prohibit critical digital platforms from arbitrary discrimination against competitors, to restrain promotion of platforms’ own products over those of competitors (self-preferencing), and to ensure consumers have access to competitive, functional app ecosystems. Will these bills be enough? Is a comparison possible with European developments on this subject?
Eric EMCH | Partner, Bates White, Washington D.C. (bio)
Bryan GANT | Partner, White & Case, New York (bio)
John KWOKA | Finnegan Professor of Economics, Northeastern University (bio)
Bilal SAYYED | Senior Competition Counsel, Techfreedom, Washington D.C. (bio)
Moderator: Bill BAER | Visiting Fellow, The Brookings Institution, Washington D.C. (bio)
#4 SUSTAINABILITY, CLIMATE CHANGE, AGRICULTURE…15:45
In July 2021, the Biden administration’s Executive Order emphasizes the need for more competition in the U.S. economy. In some sectors, such as agriculture, energy and climate change issues, antitrust will play a key role. The question arises whether the current concepts of competition enforcement and consumer protection need to be relaxed or strengthened to meet these different challenges.
Joshua P. DAVIS | Professor, University of California, Hastings College of the Law, Berkeley (bio)
Paul DE BIJL | Chief Economist, Netherlands Authority for Consumers & Markets, The Hague (bio)
Kathleen KONOPKA | Deputy Attorney General, Office of the Attorney General for the District of Columbia, Washington D.C. (bio)
Moderator: Lawrence WHITE | Professor - Department of Economics, New York Stern School of Business, New York (bio)
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: Competition in Labor Markets: What Antitrust has to do with that?
3. 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
Panel 2: Merger Control in the New World of Antitrust
1. Alain Ronzano, Sole control: The French Competition Authority unveils the first conclusions of its analysis of the proposed merger between two major French TV channels after it was announced that it would be abandoned (TF1/M6), 16 September 2022
4. US Federal Trade Commission, The US FTC seeks to force two merging gas distributors to sell-off operations in three local markets over competition concerns (Buckeye Partners / Magellan Midstream Partners), 2 June 2022
Panel 3: Big Tech Antitrust Bills
1. Konstantina Bania, Sean-Paul Brankin, Jean Cattan, Francis Donnat, Damien Geradin, Martin d’Halluin, Pierre Larouche, Theano Karanikioti, Alexandre de Streel, Joëlle Toledano, Pat Treacy, Daniel Zimmer, The Digital Market Act, September 2022
Panel 4: Sustainability, Climate Change, Agriculture
2. US Department of Justice Antitrust Division, The US DoJ AG Merrick B. Garland issues statement of principles and commitments with the Secretary of Agriculture to protect against unfair and anticompetitive practices in the agriculture sector, 3 January 2022
4. Doug Tween, William Huynh, Benjamin Bauer, The US President Joe Biden signs an executive order seeking to increase competition in industries including Big Tech, healthcare and agriculture with 72 specific initiatives, 16 July 2021
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