Date & place

From 12 to 14 December

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Program

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WEBINAR #1 - Tuesday, December 12th, 11:00-13:00 EST

OPENING KEYNOTE

11:00

Francis Wang’ombe KARIUKI I Former Director General, Competition Authority of Kenya, Nairobi (bio)

In discussion with: Eleanor FOX | Professor Emerita, New York University School of Law, New York (bio)

#1 THE PRICE OF NECESSITIES: FOOD, FUEL AND THE ROLE OF ANTITRUST

11:30

Food and fuel are among the basic necessities in any country. Consumers and governments want low prices and adequate supply, but market results do not always appear to produce the desired outcomes. A central goal of any system of competition law is to increase output and lower price, so competition law enforcement should be helpful. This panel explores the existential threat of food and energy scarcity and the challenges of using competition law in developing countries to deal with these problems. Among the topics to be discussed are the control of excessive pricing, dealing with cartels and the possibility of AI-driven collusion, and the effects of industrial policy. Are restraints on competition and monopolistic exploitation at least partially causing or exacerbating the crises? Can competition law make these markets work for the people?

Amber DARR | Lecturer, Competition Law, University of Manchester (bio)
Felipe IRARRÁZABAL | Director, CentroCompetencia, Santiago (bio)
Ioannis LIANOS | President, Hellenic Competition Committee | Professor, University College London, London (bio)
Simon ROBERTS | Professor, University of Johannesburg (bio)

Moderator: Daniel FRANCIS | Professor, New York University School of Law (bio)

Webinar #2 - Wednesday, December 13th, 11:30-13:00 EST

#2 INNOVATION AND COMPETITION LAW: WHAT DO DEVELOPING COUNTRIES NEED?

11:30

Innovation is an important goal of competition law, but one that has been challenging to advance. Critical issues worldwide include the development and control of digital platforms and dominant firm acquisitions of disruptive innovators. This panel will consider how innovation issues affect developing countries and the role that competition law enforcement can play in advancing innovation in these countries. Among the topics to be discussed are access to digital platform markets, challenges of merger control, and whether developing countries can rely on the antitrust and regulatory efforts of developed countries, such as the EU’s Digital Markets Act. To what extent should enforcement agencies in developing countries commit scarce resources to promoting innovation?

Gönenç GÜRKAYNAK | Founding Partner, ELİG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Frédéric JENNY | Professor, ESSEC, Paris | Chairman, OECD Competition Committee, Paris (bio)
Mahmoud MOMTAZ | Chairman, Egyptian Competition Authority, Cairo (bio)

Moderator: Harry FIRST | Professor Emeritus, New York University School of Law (bio)

Webinar #3 - Thursday, December 14th, 11:30-13:15 EST

LAW IS NATIONAL BUT PROBLEMS ARE GLOBAL: SOLVING CROSS-BORDER PROBLEMS BY THE INTERPLAY OF NATIONAL, REGIONAL, AND CONTINENTAL LAW

11:30

Anticompetitive conduct that harms developing countries often originates outside of the harmed country — whether from neighbors or across the globe. This panel will explore the growing promise of regional agreements and the interaction of national, regional, and global networks. Among the topics to be discussed are the new competition protocol for continental Africa, the need for higher-than-national-level vision, also on other continents and among other groupings, current understandings of extraterritorial jurisdiction and how much of the problem it can solve, and the role of ICN, OECD and UNCTAD in grappling with the cross-border and global challenges.

Maria COPPOLA | Director of the Office of International Affairs, U.S. Federal Trade Commission, Washington D.C. (bio)
Teresa MOREIRA | Head of Competition And Consumer Protection Policies, United Nations Conference on Trade and Development (UNCTAD) (bio)
Andreas MUNDT | President, Bundeskartellamt, Bonn | Chair, International Competition Network (ICN) (bio)
Willard MWEMBA | Director and Chief Executive Officer, COMESA Competition Commission, Lilongwe (bio)

Moderator: Eleanor FOX | Professor Emerita, New York University School of Law (bio)

WRAP-UP: NEW YORK & CAPE TOWN MINUTE

1:00

Dennis DAVIS | Former Judge President, Competition Appeal Court of South Africa (bio)
Harry FIRST | Professor Emeritus, New York University School of Law (bio)
Eleanor FOX | Professor Emerita, New York University School of Law (bio)

PREVIOUS ATTENDEES

Enforcers: Canadian Competition Bureau, Centre for Competition, Regulation and Economic Development, Comisión Federal de Competencia Económica, Competition and Markets Authority, Competition Authority of Kenya, Council of Europe, Egyptian Competition Authority, European Commission, Federal Competition Consumer Protection Commission, Federal Trade Commission, General Authority for Competition, General Court of the European Union, OECD, Philippine Competition Commission, South African Competition Tribunal, United Nations Conference Trade and Development, The World Bank...

Corporations: Banco itau, BBC, BDI, Bloomberg News, Comex, Concurrences, Deutsche Telekom AG, Emag, FedEx Corporation, Fiduciary Automation, FU, GAC, Heineken International, HKS, IBM, KBC Group, L’Oréal, Law.com, MLex, MSC, MultiChoice, News Corp, Nortons Incorporated, Omega Otomotiv, Ophiz, SAI, Sky (UK), Solo, T. İş Bank, Takealot Group, Tetra Pak, Verbatim Transceedings, Walmart ...

Lawyers: Allen & Overy, Alston & Bird, Axinn, BA, Bowmans, Cleary Gottlieb, Cliffe Dekker Hofmeyr, CMS, Demarest, Dentons, ERM, Freshfields Bruckhaus Deringer, Garrigues, Geradin Partners, Gómez-Acebo & Pombo, Greenberg Traurig, HCA, Herbert Smith Freehills, Herrington & Sutcliffe, Hogan Lovells, Jones Day, Kirkland & Ellis, Linklaters, McDermott Will & Emery, Meagher & Flom, Medina Garrigó, Miranda y Amado, Morais Leitão, MWE, Nishimura & Asahi, Norton Rose Fulbright, O’Melveny, O´Farrell, Orrick, Pinheiro Neto, Reed Smith, Schoenherr, Skadden, Slate, Stibbe, Sullivan & Cromwell, Van Bael & Bellis, Wardyński & Partners, Webber Wentzel, Weil Gotshal, White & Case, Winston & Strawn ...

Economists: Albers Consulting, Anne Riley Consulting, Berkeley, Bryan Cave Leighton Paisner, Compass Lexecon, Cornerstone Research UK Ltd, Fiduciary Automation, FTI Consulting, Genesis Analytics, HSF, KPMG, NERA Economic Consulting, PaRR, RBB Economics, Research Group (BRG), SSW Pragmatic Solutions, Tendencias, TMI Associates, Wealthcare Financial Group ...

Academics: Canadian University of Law, Delhi School of Economics, ESSEC, Harvard Kennedy School, Kings College London, Kobe University, Kuwait International Law School, La Sorbonne University, Nagasaki University, NYU School of Law, Okayama University, Osaka University, Queen Mary Universit of London, Rhodes University, Russian Higher School of Economics, Sciences Po, The University of Hong Kong, The University of the West Indies, UCL, University of Belgrade, University of Brasilia, University of Indonesia, University of Innsbruck, University of Johannesburg, University of Nottingham, University of Oxford, University of Verona - Law Department, University of Zagreb, Wayne State University ...

DOCUMENTATION

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.

#1 THE PRICE OF NECESSITIES : FOOD, FUEL AND THE ROLE OF ANTITRUST

1. UK Competition Authority, The UK Competition Authority issues the final report of its road fuel market study and suggests establishing a fuel finder open data scheme for more competitive fuel prices, 3 July 2023

2. Brazilian Competition Authority, The Brazilian Competition Authority recommends convicting cartelists for price fixing, bid rigging, exchanging commercially sensitive information and market sharing in the nuclear power industry, 25 May 2023

3. Leana Engelbrecht, The South African Government publishes the energy user and energy supplier block exemptions regulations to allow for collaboration between energy users in response to electricity supply constraints, 24 May 2023

4. Mexican Competition Authority, The Mexican Competition Authority initiates a study on free market access and economic competition in the natural gas market, 27 April 2023

5. Temidayo Alade, Nigeria: Competition law enforcement in developing economies - Are monopoly infringements caught by abuse of dominance provisions?, February 2023

6. Gal Rozent, Irit Brodsky, Ran Karmi, The Israeli Supreme Court gives a landmark ruling to support private enforcement and class actions claims against monopolists for charging unfair and excessive prices (Gafniel / Coca-Cola), 26 July 2022

#2 INNOVATION AND COMPETITION LAW : WHAT DO DEVELOPING COUNTRIES NEED ?

1. Tamer Nagy, Katya El Tayeb, The Moroccan Competition Authority announces merger control amendments with a simplified filing form for no-issue transactions and an optional expedited process, 1 June 2023

2. Saudi Arabian Competition Authority, The Saudi Arabian Competition Authority grants conditional approval for the acquisition of a market data provider by an innovative technical solutions company (Tadawul Advanced Solutions / Direct Financial Network), 11 May 2023

3. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

4. Johanne Peyre, Michal S. Gal, Johanne Peyre: The challenges of a small, young jurisdiction in applying competition law, May 2023

5. Turkish Competition Authority, The Turkish Competition Authority publishes Reflections of Digital Transformation on Competition Law Study, 18 April 2023

6. Lawrence Wang, Peter J. Wang, Yichen Wu, Dr. Qiang Xue, Yizhe Zhang, The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical), 7 April 2023

7. Adrian Emch, Qing Lyu, The Chinese Competition Authority enacts the final implementing regulations for the amended Anti-Monopoly Law, 24 March 2023

8. Wolfgang Kerber, Data Act and competition: An ambivalent relationship, February 2023

#3 REGIONAL GOVERNANCE : COOPERATION AND HIERARCHIES — OPPORTUNITY FOR DEVELOPING COUNTRIES ?

1. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

2. Wouter Meester, Aura García Pabón, Daniel Westrik, Competition Enforcement: The OECD shares, in its Competition Trends report, the main developments in competition enforcement around the world, 23 February 2023

3. Hugh Hollman, Jürgen Schindler, Milosz Cywinski, Samantha Zakka, The Middle East and North Africa Competition Authorities launch the Arab Competition Network, 16 March 2022

4. Mohd Aidil Tupari, Jessica Walch Barton, Merger control in some ASEAN member states: Evolving from the aspirational inception phase towards implementation challenges?, February 2022

Organizers

This is the 10th edition of this joint conference organized by Concurrences and NYU School of Law in partnership with Elig Gurkaynak, Attorneys at Law. The conference will be held via a series of 3 webinars from December 12th to 14th, 2023. By registering for these webinars, you are submitting your information to the webinar organizers, who will use it to communicate with you regarding this event and their other services. The webinars 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 #AntitrustDevelopingEmerging. Use it to get updated and add your inputs to the discussions.