WELCOME & LUNCH12.00
William KOVACIC | Professor, The George Washington University Law School, Washington D.C. (bio)
Jonathan KANTER | Assistant Attorney General for the Antitrust Division, U.S. Department of Justice, Washington D.C.*
Moderator William KOVACIC | Professor, The George Washington University Law School, Washington D.C. (bio)
#1 MERGER CONTROL : NEW CHALLENGES AHEAD14.00
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.
Jonathan B. BAKER | Research Professor of Law, American University Washington College of Law | Senior Consultant, Compass Lexecon, Stanford*
Michael KADES | Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice, Antitrust Division, Washington D.C. (bio)
Michelle MEAGHER | Co-Founder, Senior Policy Fellow Balanced Economy Project, Centre for Law, Economics and Society, University College London, London*
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)
#2 LABOR MARKETS : WHERE ARE THE ANTITRUST CONCERNS ?16.00
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.
Pierre CREMIEUX | President, Analysis Group, Boston*
Makan DELRAHIM | Partner, Latham & Watkins, Washington D.C.*
Jacques MOSCIANESE | Executive Director - Group Head of Institutional Affairs, Intesa Sanpaolo, Milan*
Diana L. MOSS | President, American Antitrust Institute, Washington D.C. (bio)
Seema NANDA | Solicitor of Labor, U.S. Department of Labor, Washington D.C.*
Maureen OHLHAUSEN | Partner, Baker Botts, Washington D.C. (bio)
Moderator : Alexander OKULIAR | Co-chair Global Antitrust Law, Morrison & Foerster, Washington D.C. (bio)
#3 PRIVACY AND ACCESS TO DATA : WHAT ARE THE LIMITS ?17.30
Data access is a hot topic in the US and in the EU today. In practice, access to data must be ensured but faces certain obstacles such as the rise of data privacy regimes. There are challenges to accessing and sharing data while protecting privacy.
Slade BOND | Chief Majority Counsel Subcommittee on Antitrust, Commercial and Administrative Law, U.S. House Committee on the Judiciary, Washington D.C.*
Terrell MCSWEENY | Partner, Covington, Washington D.C.*
Yianis SARAFIDIS | Vice President, CRA, Washington D.C.*
Moderator : Jack E. PACE | Partner, White & Case, Washington D.C. (bio)
* To be confirmed
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. 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
2. 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
4. 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
5. 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
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
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
Panel 3 : Privacy and Access to Data : What Are the Limits ?
2. Laurent de Muyter, Jörg Hladjk, Holger Neumann, Undine Von Diemar, Olivier Haas, Andreas Holzwarth-Rochford, The EU Commission proposes a Data Act to enhance data access and sharing within the Union, 23 February 2022
3. Ariane Le Strat, Saskia King, Gabriel Voisin, Elizabeth Upton, The UK Competition Authority and the Data Protection Authority publish a joint statement on how competition and data protection issues overlap in the digital economy, 19 May 2021
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