18 September

Bill Kovacic Antitrust Salon

Date & place

Monday 18 September from 12:00 to 19:00 EDT

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George Washington University Law School

2000 H Street Northwest

20052 Washington United States
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Program

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Welcome & Lunch

12:00

WELCOME REMARKS

13:00

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

FIRESIDE CHAT

13:15

Michael KADES | Deputy Assistant Attorney General, U.S. Department of Justice, Washington D.C. (bio)

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

#1 AT LAST, THE ULTIMATE MERGER GUIDELINES?

14:00

On July 19, 2023, the DOJ and FTC published new proposed merger guidelines. The aim of the guidelines, combined with the proposed HSR changes, is to support more active antitrust enforcement. To this end, they include significant revisions to how the agencies approach enforcement, making it more likely that a broader set of mergers will be deemed harmful to competition. These guidelines will significantly alter the merger landscape. Does this proposal take sufficient account of modern market developments and will they result in more effective antitrust enforcement?

Paula BLIZZARD | Senior Assistant Attorney General, California Department of Justice, San Francisco (bio)
Elise KIRBAN | Global Chief Competition Counsel, Aon, New York (bio)
David LAWRENCE | Policy Director, Antitrust Division, U.S. Department of Justice, Alexandria (bio)
Robert MAJURE | Vice President, Cornerstone Research, Washington D.C. (bio)
Shaoul SUSSMAN | Associate Director for Litigation, Bureau of Competition, Federal Trade Commission, New York (bio)

Moderator: Barry NIGRO | Partner, Fried Frank, Washington D.C. (bio)

Coffee break

15:30

#2 MONOPOLIZATION TRIAL TACTICS: A NEW LITIGATION STYLE? 

15:45

The US agencies are initiating numerous cases of monopoly leading to abuse of dominant position. This practice is mainly reflected in the behavior of big tech platforms, biotechnological company and others. For example, the DOJ has initiated proceedings against Google for monopolizing digital advertising technologies. In this case, for the first time in several decades, damages have been claimed for a civil violation of antitrust law. Is this a new litigation style?

Markus H. MEIER | Assistant Director, Bureau of Competition, Federal Trade Commission, Washington D.C. (bio)
Mathis WAGNER | Principal, Bates White, Washington D.C. (bio)
Bruce WARK | Vice President and Deputy General Counsel, American Airlines, Fort Worth (bio)

Moderator: William LAVERY | Partner, Clifford Chance, Washington D.C. (bio)

Coffee break

16:45

#3 IN-HOUSE COUNSEL & PRIVATE PRACTITIONERS ROUNDTABLE: MERGERS & OTHER HOT CURRENT ANTITRUST ISSUES

17:00

This panel is dedicated to the day to day activities of in-house counsel and private practitioners. Several hot-topics can be highlighted in particular regarding mergers, remedies, litigation, inquiries, compliance...

Jesús ALVARADO-RIVERA | Global Director Antitrust, Anheuser-Busch InBev, Washington D.C. (bio)
Julie GOSHORN | Senior Managing Counsel, Global Litigation and Competition, Visa, San Francisco (bio)
Gönenç GÜRKAYNAK | Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Hal SINGER | Economist, Managing Director, Econ One, Washington D.C. (bio)
Elizabeth TARAS | Director, Assistant General Counsel, Antitrust, News Corp, New York (bio)

Moderator: Amanda REEVES | Partner, Latham & Watkins, Washington D.C. (bio)

CLOSING: BIDEN’S JUDICIAL APPOINTMENTS AND THE FUTURE OF ANTITRUST POLICY

18:30

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

Drinks

19:00

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.

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.

Panel 1 - At last, the Ultimate Merger Guidelines?

1. Interview with Shaoul Sussman (FTC), by Barry Nigro (Fried Frank)

2. US Department of Justice Antitrust Division, The US DoJ and FTC seeks public comments on the draft updates of the Merger Guidelines , 19 July 2023

3. Chuck Loughlin, Justin W. Bernick, Lauren E. Battaglia, Ilana Kattan, Jill Ottenberg, The US FTC announces the withdrawal of two antitrust policy statements related to antitrust enforcement in health care markets, 14 July 2023

4. US Federal Trade Commission, The US FTC and DOJ propose amendments to the premerger notification form to request more information on subjects including transaction rationale, previous acquisitions, details surrounding investment and market conditions, 27 June 2023

5. US Federal Trade Commission, The US FTC opposes a .1B acquisition of a cancer detection test maker to address competition concerns in the market for research, development, and commercialisation of cancer tests (Illumina / Grail), 3 April 2023

6. US Federal Trade Commission, The US FTC announces 2023 update on size of transaction thresholds for premerger notification filings and Interlocking directorates, 23 January 2023

Panel 2 - Monopolization Trial Tactics: A New Litigation Style?

1. US Federal Trade Commission, The US FTC opposes a biopharmaceutical giant’s .8B acquisition of a global biotechnology company on the grounds that the deal will entrench monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics), 16 May 2023

2. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

3. US Department of Justice Antitrust Division, The US DoJ and 8 State Attorneys General sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google), 24 January 2023

Panel 3 - In-House Counsel Roundtable: Hot Current Antitrust Issues

1. US Department of Justice Antitrust Division, The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food), 17 May 2023

2. Justin P. Murphy, The US District Court for the District of Connecticut dismisses the DoJ’s criminal non-solicitation case against six aerospace industry employees and acquits all the defendants (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus), 28 April 2023

3. US Department of Justice Antitrust Division, The US DoJ files a civil suit against a leading video game developer and publisher for imposing rules that limited competition for players and suppressing the wages of esports players in the professional esports leagues in violation of the Sherman Act (Activision Blizzard), 3 April 2023

4. US Department of Justice Antitrust Division, The US DoJ sues to block the acquisition of a low-cost airline by its closest rival for .8B (JetBlue / Spirit), 7 March 2023

Organizers

This is the 11th edition of this joint conference organized by Concurrences and The George Washington University Law School, in partnership with law/economic 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. 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.

George Washington University Law School

2000 H Street Northwest

20052 Washington United States