Tuesday, 16 November 2021 - 13:00 EST | 10:00 PST | 19:00 CET
Multiple scholars, politicians and policymakers recommend that the burden of proof in merger review be reversed : let the acquirer prove that the effect of the proposed acquisition is pro-competitive. Some argue this will avoid many pre-emptive acquisitions and thus spur innovation and competition. Others point to the chilling effect it might have on innovation, namely innovation by startups. Should the Clayton act be enforced more vigorously ? Is the reversal of the burden of proof the right path, in the US and elsewhere ? Should platforms and other digital companies be subject to a separate regime ?
Patricia BRINK | Senior Counsel, Office of the Associate Attorney General, U.S. Department of Justice, Washington D.C. (bio)
Joseph FARRELL | Partner, Bates White | Professor of Economics, UC Berkeley (bio)
Loren SMITH | Principal, Practice Co-Leader Global Antitrust & Competition, The Brattle Group (bio)
Koren WONG-ERVIN | Partner, Axinn, Washington, D.C. (bio)
Moderator : Luis CABRAL | Chair, Department of Economics, NYU Stern, New York (bio)
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Wednesday, 17 November 2021 - 13:00 EST | 10:00 PST | 19:00 CET
A variety of lawsuits and investigations have claimed monopolization of the Google and the Apple app store. This panel will discuss key antitrust law and policy issues : Do the stores have monopoly power in appropriately defined relevant markets ? Have their practices led to higher quality-adjusted prices and/or less innovation ? Does a regulatory solution make sense ?
Benno BUEHLER | Vice President, Charles River Associates, Munich and Brussels (bio)
Luke M. FROEB | William C. Oehmig Chair of Free Enterprise and Entrepreneurship, Vanderbilt’s Owen Graduate School of Management, Nashville (bio)
Noah PHILLIPS | Commissioner, The U.S. Federal Trade Commission, Washington D.C. (bio)
Moderator : Daniel RUBINFELD | Professor, NYU School of Law, New York (bio)
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Thursday, 18 November 2021 - 13:00 EST | 10:00 PST | 19:00 CET
Despite the current economic downturn caused by the COVID-19 pandemic, digital advertising is still expected to grow by 2.4% over the year, to reach USD 332.84 billion globally, representing more than half of total advertising expenditure globally. Yet these highly profitable markets do rely on a competitive structure. Several big tech companies are accused of illegal collusion in certain advertising markets. Such behaviour could be considered as agreements that unreasonably restrict trade and have an impact on interstate commerce. In this context, several members of Congress, both Democrats and Republicans, have alerted the DOJ to anti-competitive behaviour in the advertising market by some major digital platforms. Moreover, numerous competition agencies, around the world, such as in France and Germany, have also found that some of these companies were abusing their position in the advertising market. How to remedy the state of things, in a coherent way internationally ?
Eliana GARCES-TOLON | Director in the Economic Policy group, Facebook, Washington D.C. (bio)
Bryan GANT | Partner, White & Case, New York (bio)
Chris JENKINS | Economics Director, UK Competition and Markets Authority, London (bio)
Jeffrey PRINCE | Professor and Chair of Business Economics and Public Policy, Kelley School of Business, Indiana University, Bloomington (bio)
Tommaso VALLETTI | Professor of Economics, Imperial College London (bio)
Moderator : Scott HEMPHILL | Professor, NYU School of Law, New York (bio)
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Friday 19 November 2021 - 13:00 EST | 10:00 PST | 19:00 CET
Technical standards and standard-setting organizations have become increasingly important in the modern economy — especially as information and communication technologies have become more important. At the heart of such standards are patents and patent holders — which would seem to make transactions that involve these standards ripe for after-the-fact hold-up and the exercise of market power. How have the courts dealt with disputes that have involved standard-essential patents ? How should the courts deal with them ?
Jorge L. CONTRERAS | Professor, The University of Utah, Salt Lake City (bio)
Kirti GUPTA | Vice President - Technology & Economic Strategy, Qualcomm, San Diego (bio)
John HARKRIDER | Partner, Axinn, New York (bio)
Mario LOPEZ | Vice President, Charles River Associates, Oakland (bio)
Moderator : Lawrence WHITE | Professor, Department of Economics, NYU Stern, New York (bio)
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6th Global Antitrust Economics Conference (Lawrence J. White)
6th Global Antitrust Economics Conference - Vertical Mergers & Shifting the Burden of Proof : Chilling Innovation ? (Luis Cabral)
Last year’s attendees
Enforcers : Autorité de la concurrence, Bangladesh Competition Commission, Bundeskartellamt, California Department of Justice, CARICOM Competition Commission (Suriname), Comisión Federal de Competencia Económica (Mexico), Competition and Markets Authority, Competition Council (Latvia), Hanseatisches Oberlandesgericht, Hong Kong Competition Commission, Italian Competition Authority, OECD, The General Authority for Competition (Saudi Arabia), US Federal Trade Commission, World Bank, etc ...
Corporations : Developers Alliance, Fiduciary Automation, Law.com, Ofcam, UniCal, Verbatim, etc ...
Lawyers : Axinn Veltrop and Harkrider, Bates White, Berghofer, CMS, Constantine Cannon, Crowell & Moring, De Brauw Blackstone Westbroek, Demarest, DJ Ireland & Associates, Fieldfisher, Gilbert & Tobin, Harkins Cunningham, Havel & Partners, Ingram Yuzek Gainen Carroll & Bertolotti, Kirkland & Ellis, KPMG, Mason Hayes & Curran, Reed Smith, Schernoff Bidart Echeverria, Trilegal, Van Bael & Bellis, Wecker, White & Case, etc ...
Economists : ACTECON, Allegro Consulting, Analysis Group, Cornerstone Research, Economists Incorporated, MLex, Nextnomics, RBB Economics, RedPeak Economics, the Brattle Group, etc ...
Academics : Bocconi University, Charles University Prague, College of Europe, Faculdade de Direito de Lisboa, Fordham University, Glasgow University, Harvard Kennedy School, King’s College London, Masaryk University, Max Planck Institute for Innovation and Competition, New York University, Northwestern Law School, Okayama University, Pázmány Péter University, Pontificia Universidad Católica del Perú, Princeton University, Rajiv Gandhi National University of Law, Universidad de Carabobo, Université de Reims Champagne-Ardenne, Université de Versailles Saint-Quentin-en-Yvelines, Université Paris-Nanterre, University of Athens, University of Constantine I, University of Indonesia, University of Padua, University of South Dakota Knudson School of Law, University of Zürich, University Potsdam, Wayne State University, Yale University
If you would like to read about this event’s topic, you can access the following Concurrences documents. If you do not have an access, please inquire for Subscription here.
Webinar #1 - Vertical Mergers & Shifting the Burden of Proof : Chilling Innovation ?
1. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market : An overview of EU and national case law, 15 July 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045
3. David A. Higbee, Benjamin Gris, Jessica K. Delbaum, Matthew Modell, Ryan Leske, The US DoJ and FTC release the updated version of the vertical merger guidelines, 30 June 2020, e-Competitions June 2020, Art. N° 95587
Webinar #2 - App Stores : What Rules for the Gatekeepers ?
3. Alain Ronzano, Digital Services Act : The European Commission proposes to subject gatekeeper platforms to ex-ante obligations and prohibitions and to require them to notify the Commission of their acquisition plans, 15 December 2020, Concurrences N° 1-2021, Art. N° 98424
Webinar #3 - Advertising Markets : Is the Current Ecosystem Stimulating Competition ?
1. French Competition Authority, The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google), 7 June 2021, e-Competitions June 2021, Art. N° 101065
2. Muriel Chagny, Abuse of dominant position : The Paris Commercial Court again sanctions an abuse of dominant position committed by the publisher of a search engine and operator of an online advertising service (Oxone Technologies / Google), 10 February 2021, Concurrences N° 2-2021, Art. N° 99454, www.concurrences.com
3. US Department of Justice Antitrust Division, The US DOJ and 11 State AGs start a landmark court case against a Big Tech company for exclusionary agreements in the search and search advertising markets (Google), 20 October 2020, e-Competitions October 2020, Art. N° 97347
Webinar #4 Standard-Essential Patents : How Should Courts Deal with SEPs ?
3. Jorge Padilla, Koren Wong-Ervin, An economic approach to antitrust analysis of discriminatory licensing, grantbacks and cross-licenses, no-challenge clauses, and patent thickets, September 2019, Concurrences N° 3-2019, Art. N° 90983, pp. 44-51
This is the 6th edition of this conference co-organized by Concurrences and NYU Stern School of Business, in partnership with the sponsors. Due to the ongoing public health measures for COVID-19, The Global Antitrust Economics Conference will be held via a series of 4 webinars from November 16th to 19th, 2021.
By registering for this webinar, you are submitting your information to the webinar organizers, who will use it to communicate with you regarding this event and their other services. This webinar will be recorded. If your question is selected for the Q&A session, you are consenting to be recorded.
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Conference accredited by the CPD Certification Service and by the Paris Bar.