16 November

The Global Antitrust Economics Conference

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Date & place

Thursday 16 November from 08:30 to 18:00 EST

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NYU Stern School of Business

West 4th Street

NY 10012 New York United States of America
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Program

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Registration & Breakfast

8:30

WELCOME REMARKS

9.00

Luis CABRAL | Chair, Department of Economics, NYU Stern School of Business, New York (bio)

FIRESIDE CHAT: WHAT CAN BE EXPECTED FROM THE FTC/DOJ MERGER GUIDELINES?

09.05

Elinor HOFFMANN | Chief, Antitrust Bureau at Office of the New York Attorney General, NY*

Moderator: Lawrence WHITE | Professor, Department of Economics, NYU Stern School of Business, New York (bio)

#1 FINANCIAL SERVICES IN ANTITRUST

9.45

The panel will explore the question of whether antitrust policy should be involved in combating inflation and assess the role of antitrust in the financial services sector as Big tech companies enter the market. Additionally, it will address the impact of new financial regulations on competition, the issue of consolidation in the banking and stock exchange industries, and the need for more aggressive enforcement of private equity acquisitions. Furthermore, it will highlight the antitrust challenges in creating a legal framework for the cryptocurrency exchange market and the African Exchanges Linkage Project (AELP), which aims to interconnect stock exchanges in Africa.

Maggie GOODLANDER | Deputy Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, D.C*
Patrizia MARTINO | Senior Counsel, TD Bank Group, Toronto (bio)
Andrea MARVAN SALTIEL | Chairperson, COFECE, Mexico*
Celeste SARAVIA | Vice President, Cornerstone Research, San Francisco (bio)

Moderator: Bill BAER | Visiting Fellow, The Brookings Institution, Washington D.C. (bio)

COFFEE BREAK

11.15

#2 ANTITRUST IN LIFE SCIENCES

11.45

The panel touches upon various aspects related to antitrust and competition in the health and life sciences industries. It highlights recent mergers in this sector, such as Illumina’s acquisition of Grail and Seagen’s merger with Pfizer. Furthermore, the panel mentions the increased antitrust scrutiny of information exchanges and collaborations within the health care industry, as evidenced by the Department of Justice’s withdrawal of three antitrust guidance documents and the Federal Trade Commission’s investigations on Pharmacy Benefit Managers. Additionally, the discussion will point out instances of price and non-price abuses. Lastly, the importance of patent litigation in the health and life sciences industries will be underlined.

Aileen FAIR | Senior Corporate Counsel Litigation & Government Investigations, Antitrust & Competition Law, Bristol Myers Squibb, Washington D.C. (bio)
Pauline KENNEDY | Antitrust & Competition Practice Principal, Bates White, Washington D.C. (bio)
Stephen MOHR | Assistant Director, Mergers I, U.S Federal Trade Commission, Washington D.C. (bio)

Moderator: TBD

LUNCH

13.15

#3 THE ROLE OF ECONOMICS IN CRIMINAL ANTITRUST CASES

14.30

The panel provides an overview of recent criminal antitrust cases where economists testified, including United States v. Lischewski (2019) on price-fixing, and United States v. DaVita (2022), which dealt with a no-poach agreement. It highlights the U.S. Department of Justice (DoJ) Antitrust Division’s renewed focus on using Section 2 of the Sherman Antitrust Act to prosecute monopolization cases for the first time in over 40 years. The discussion will also focus on US Labor monopsony issues. This comprehensive look at recent antitrust cases and enforcement actions underscores the growing importance of addressing anticompetitive practices to protect fair competition and workers’ rights in various industries.

Emma BURNHAM | Acting Director of Criminal Enforcement, Antitrust Division, U.S. Department of Justice, Washington D.C. (bio)
Diana L. MOSS | Vice President and Director of Competition Policy, Progressive Policy Institute, Washington D.C. (bio)
Jesús M. ALVARADO-RIVERA | Global Director Antitrust, Anheuser-Busch InBev, Washington D.C.*

Moderator: TBD

COFFEE BREAK

16.00

#4 ARTIFICIAL INTELLIGENCE: HOW TO REGULATE ANTICOMPETITIVE PRACTICES?

16.30

The panel addresses the concerning issue of algorithmic collusion that can lead to anticompetitive practices. It also highlights the significance of data collection and privacy concerns in this context. The mention of the Algorithmic Accountability Act of 2022 indicates growing regulatory attention to hold companies accountable for the algorithms they employ.

Ioana E. MARINESCU | Division’s principal Economist, U.S. Department of Justice, Washington D.C. (bio)

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

*To be confirmed

PREVIOUS EDITION ATTENDEES

Agencies: Autorité de la concurrence, Bangladesh Competition Commission, Bmdw, CAK, CCPC, CNMC, Comesa Competition Commission, Competition Protection Agency, Council of State, Department of Communications and Digital Technologies, DGCCRF European Banking Authority, Fiscalia Nacional Economica, FNE, FTC, Lithuanian Competition Council, Luxembourg Conseil de la concurrence, Malaysia Competition Commission, Monopolkommission, OFGEM, Permanent Representation of Hungary to the EU, Philippine Competition Commission, Socoma, The Central Intellectual Property and International Trade Court of Thailand, UK Competition and Markets Authority, UK Competition Appeal Tribunal, US DOJ, World Trade Organization...

Corporations: 3M Company, A.P Moller-Maersk, ABB, Abbott Laboratories, ABF, AB-Inbev, ADNOC, ADP, Air Liquide, Airbus, Allianz, Alstom, Amazon, American Express Services, Amgen, AP, Apple, Ascend Technology, Atlantic Methanol Companies, AWS, Bertelsmann, BMO Financial Group, Booking.com, British Telecommunications, Broadcom, CACIB, Centrica, Cisco, Colgate Palmolive, Conocophillips Company, CPCHEM, Credit Agricole CIB, Croatian Telecom, CTFN, Dassault Systemes, Dell Technologies, Deutsche Post / Dhl, Deutsche Telekom, Disney, Engie, Epex Spot, Ericsson, European Payments Council, Exxonmobil, Facebook, Farfetch, Google, Groupe Dubreuil, Gs1, Gsma, Heineken, Hitachi, Energy, Hitachi Power Grids, Iag, Imerys, Infobip, Inter Cars, Intesa Sanpaolo, Jet Capital, Just Eat Takeaway, Kimberly-Clark Corporation, Koch Companies Public Sector, L’Oreal, Liberty Global, Lyondellbasell, Maersk, Mars, Massmart Holdings, Mastercard, Merck, Mondelez, Mosaid Technologies, News Corp, Novartis, Olin Corporation, Orlen, Ørsted, Outokumpu Oyj, Rolls-Royce, Rundfunk und Telekom Regulierungs, Samsung Electronics, Sasol, Sd Worx Group, Servier, Shell Oil, Siemens, Stone Point Capital, Technipfmc, Telefonica, Telekom Srbija, Tetra Pak, Texas Instruments, Thales, United First Partners, Vaunet, VKR Holding, Zalando...

Economic Consultancies: Apoyo Consultoria, Arcep, Assegaf Hamzah & Partners, BT, Brattle Group, Cap Economics, Cirque Analytics, Compass Lexecon, Copenhagen Economics, Cornerstone Research, Deloitte, Dentons, Frontier Economics, FTI Consulting, Kim & Chang, Mazars, Nera Economic Consulting, Omnicles Competition Law Economic Services, Publico, RBB Economics, Sai Derecho y Economia, Sutic, Tim, Van Bael & Bellis, Wipo, World Bank...

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 Financial Services in Antitrust

1. Maria Raptis, Kenneth Schwartz, David Wales, The US FTC and DOJ release a draft of proposed new merger guidelines which aims to change the merger enforcement landscape in US, 19 July 2023

2. 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

3. Miguel Sousa Ferro, Marc Barennes, How to choose a litigation funder: A funding seeker’s perspective, May 2023

4. US Federal Trade Commission, The US FTC seeks a Federal Court order to prevent the consummation of a potential merger of rival mortgage loan technology providers (Intercontinental Exchange / Black Knight), 10 April 2023

#2 Antitrust in Life Sciences

1. 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

2. 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

3. US Federal Trade Commission, The US FTC files an amicus brief in support of an appellant to clarify the legal standards that apply in certain antitrust cases involving the pharmaceutical sector (Bystolic), 20 June 2023

4. Mike Cowie, Susan M. Hendrickson, Nathalie Noura, The US State of New York Assembly amends the Public Health Law to impose new notification requirements for healthcare transactions, 3 mai 2023

5. Justin W. Bernick, Liam Phibbs, The US DoJ rescinds longstanding policy governing information exchanges in the healthcare sector , 3 February 2023

#3 The Role of Economics in Criminal Antitrust Cases

1. John Cannon, Doreen E. Lilienfeld, Gillian Emmett Moldowan, Matthew Behrens, The US State of New York Assembly adopts a bill to prohibit non-compete agreements, 20 June 2023

2. Eric A. Posner, Cristina Volpin, No-poach agreements: An overview of EU and national case law, 4 May 2023

3. Brian Byrne, Heather Nyong’o, Jeremy J. Calsyn, Larry Malm, Joseph Kay, The US District Court for the District of Connecticut acquits the defendants in a no-poach trial on the grounds that no reasonable jury could convict on the case presented by the government (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus), 28 April 2023

4. US Federal Trade Commission, The US FTC requires a glass manufacturer to drop noncompete clauses for its employees (Anchor Glass Container / Lynx Finance), 15 March 2023, e-Competitions March 2023

5. US Department of Justice Antitrust Division, The US District Court for the Eastern District of Tennessee admits the guilty plea of two individuals and four companies for conspiracy to fix the prices of DVDs and Blu-Ray discs sold on an e-commerce platform (Bruce Fish / BDF Enterprises / Victor Btesh), 13 February 2023

6. Paul Hughes, Brian Mead, Emily Starbuck, The US FTC proposes rule banning non-compete agreements between employers and their employees or independent contractors, 4 January 2023

7. Robert E. Connolly, The US Supreme Court grants a motion to hear a constitutional challenge to the per se rule in a criminal antitrust case (Lischewski), 6 December 2021, e-Competitions December 2021

#4 Artificial Intelligence: How to Regulate Anticompetitive Practices?

1. Rebecca Farrington (Hilberman), George Paul, Mark J. Gidley, Martin M. Toto, Gabriela Baca, Tejaswini Gupta, The US FTC proposes far-reaching changes to HSR form with merging parties facing expansive requirements for HSR filings , 27 June 2023

2. US Federal Trade Commission, The US FTC opens a request for information regarding the business practices of cloud computing providers that could impact competition and data security in the healthcare, finance, transportation, e-commerce and defence industries, 22 March 2023

3. 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

4. Adrian Kuenzler, The shadow of digital antitrust: The law’s purported deference to leading actors’ product design choices, November 2022

Organizers

This is the 8th edition of this conference co-organized by Concurrences and NYU Stern School of Business, in partnership with the sponsors. The Global Antitrust Economics Conference will be held at NYU Stern School of Business, on Thursday, 16 November from 08:30 to 18:00 EST. By registering for this conference, you are submitting your information to the conference organizers, who will use it to communicate with you regarding this event and their other services. This conference will be recorded. The official hashtag of this event on our social media is #GlobalAntitrustEconomics. Use it to get updated and add your inputs to the discussions. See above this page for the links to our social media accounts.
Conference accredited with CPD credits and credited for the Paris Bar continuing training.

  

Sponsors

Ticket office opened until 17 november 2023

Registration

Free

NYU Stern School of Business

West 4th Street

NY 10012 New York United States of America