Feb 05 2016

GCR Live 5th Annual Antitrust Law Leaders Forum

Organised by: Global Competition Review

Friday, 5th February 2016 - Saturday, 6th February 2016

Miami, USA

More information on this event

Chaired by Jason Gudofsky, Partner, Blake, Cassels & Graydon LLP and Margaret Sanderson, Vice President, Charles River Associates.

Global Competition Review is pleased to present a premier one and a half day international conference, to be held at The Ritz-Carlton, South Beach, Miami on 5-6 February 2016, in association with Charles River Associates and the University of Florida.

The 5th Annual Antitrust Law Leaders Forum conference will bring together leading government representatives, practitioners and corporate counsel to discuss a variety of topics at the forefront of the antitrust field.

The conference will offer delegates the choice between two concurrent streams – Mergers and Antitrust. Leading speakers from the US Department of Justice, US Federal Trade Commission, European Commission, Cargill Inc., Qualcomm, LafargeHolcim, General Electric Company, Google, BD, Vodafone Group Services, along with leading lawyers and economists from the United States, Canada, Europe and South America will be offering their expertise on a variety of topics. Additionally, a keynote address will be provided by Terrell McSweeny, Commissioner, US Federal Trade Commission.

All delegates are invited to attend a cocktail reception kindly hosted by Blake, Cassels & Graydon LLP on Thursday, 4 February at the DiLido Beach Club at the Ritz-Carlton from 8:00pm onwards, and the conference dinner kindly hosted by Charles River Associates on Friday, 5 February.

Early booking rate tickets are now available at the price of USD$1,650 - don't miss out!

Preferential Hotel Booking Rate

GCR has a preferential room rate at The Ritz-Carlton, South Beach. More information on how to book can be found on the confirmation email after registering for the conference or alternatively you can contact Melissa Loewy on Melissa.Loewy@lbresearch.com for further details.

For further information please contact gcrlive@globalcompetitionreview.com.

Chaired by:

Jason Gudofsky, Blake, Cassels & Graydon LLP (Toronto)

Margaret Sanderson, Charles River Associates (Toronto)

Keynote speakers:

Renata Hesse, Deputy Assistant Attorney General for Criminal and Civil Operations, US Department of Justice (Washington)

Terrell McSweeny, Commissioner, US Federal Trade Commission (Washington)

Speakers:

Robert Atkins, Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York)

Antonio Bavasso, Allen & Overy LLP (London)

Matthew Bennett, Charles River Associates (London)

Logan Breed, Hogan Lovells LLP (Washington)

Carolyn Brue, Assistant General Counsel & Assistant Vice President, Ethics & Compliance Law, Cargill Inc. (Minneapolis)

Beau Buffier, Shearman & Sterling LLP (New York)

Michelle Burtis, Charles River Associates (Washington)

Brian Byrne, Cleary Gottlieb Steen & Hamilton LLP (Washington)

Richard Cunningham, Gibson, Dunn & Crutcher LLP (Denver)

Miguel Del Pino, Marval, O'Farrell & Mairal (Buenos Aires)

Wolfgang Deselaers, Linklaters LLP (Brussels)

Jon Dubrow, McDermott Will & Emery LLP (Washington)

Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)

Eliana Garcés Tolón, DG Internal Market, Industry, Entrepreneurship and SMEs, European Commission (Brussels)

David Gelfand, Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)

Adrien Giraud, Willkie Farr & Gallagher LLP (Paris)

Laurent Godfroid, Gide Loyrette Nouel (Brussels)

Mathew Heim, Vice President and Counsel, Qualcomm (London)

Susan Hinchliffe, Arnold & Porter LLP (London)

Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)

Kevin Murphy, The George J. Stigler Distinguished Service Professor in Economics, Booth School of Business and the Law School, University of Chicago (Chicago)

Shawn Johnson, Crowell & Moring LLP (Washington)

Youngjin Jung, Kim & Chang (Seoul)

Juhani Kostka, Head of Competition Law, LafargeHolcim (Zürich)

Thomas Kramler, Digital Single Market, European Commission (Brussels)

Francine Lafontaine, Senior Associate Dean, Faculty and Research and William Davidson Professor, Business Economics and Public Policy, Ross School of Business, University of Michigan and Former Director, Bureau of Economics, US Federal Trade Commission (Ann Arbor) 

Karen Hoffman Lent, Skadden, Arps, Slate, Meagher & Flom LLP (New York)

Anna Lyle-Smythe, Slaughter and May (Brussels)

Edurne Navarro, Uría Menéndez Abogados (Brussels)

Chul Pak, Wilson Sonsini Goodrich & Rosati (New York)

George Paul, White & Case LLP (Washington)

Sharis Pozen, Vice President, Global Competition and Antitrust, General Electric Company (Washington)

Jeffrey Prisbrey, Charles River Associates (Washington)

Brian Ratner, Hausfeld (Washington)

Amadeu Ribeiro, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (New York)

Shuli Rodal, Osler, Hoskin & Harcourt LLP (Toronto)

Steven Salop, Professor of Economics and Law, Georgetown University (Washington)

Bilal Sayyed, Kirkland & Ellis LLP (Washington)

Edward Schwartz, Steptoe & Johnson LLP (Washington)

Carl Shapiro, Transamerica Professor of Business Strategy, Haas School of Business, University of California, Berkeley (Berkeley)

Daniel Sokol, Professor of Law, Levin College of Law, University of Florida (Gainesville)

Julie Soloway, Blake, Cassels & Graydon LLP (Toronto)

Hal Varian, Chief Economist, Google Inc. (San Francisco)

Christine Varney, Cravath, Swaine & Moore LLP (New York)

Gregg Vicinanza, Chief Counsel, Corporate, BD (New Jersey)

Sven Völcker, Latham & Watkins LLP (Brussels)

Lee Van Voorhis, Baker & McKenzie LLP (Washington)

Wolrad Prinz zu Waldeck und Pyrmont, Freshfields Bruckhaus Deringer LLP (Düsseldorf)

Craig Waldman, Jones Day (San Francisco)

Stephen Weissman, Baker Botts LLP (Washington)

Nick Woodrow, Head of Competition Law, Vodafone Group Services (Reading)

Joshua Wright, Professor of Law, George Mason University (Arlington)

Thursday, 4 February

8:00pm: Welcome Reception – Sponsored by Blake, Cassels & Graydon LLP

Friday, 5 February

7:30am - 8:30am: Registration / Light Breakfast

8:30am - 9:15am: Chairpersons’ opening remarks

Jason Gudofsky, Blake, Cassels & Graydon LLP (Toronto)
Margaret Sanderson, Charles River Associates
(Toronto)

Keynote address

Introduction: Daniel Sokol, Professor of Law, Levin College of Law, University of Florida (Gainesville)
Keynote speaker: Renata Hesse, Deputy Assistant Attorney General for Criminal and Civil Operations, US Department of Justice (Washington)

9:15am - 10:45am: Plenary: Five years with the US Merger Guidelines

Moderator:
Steven Salop, Professor of Economics and Law, Georgetown University (Washington)

Speakers:
David Gelfand, Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)
Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)
Carl Shapiro, Transamerica Professor of Business Strategy, Haas School of Business, University of California, Berkeley (Berkeley)

10:45am - 11:00am: Coffee break

Concurrent sessions:

11:00am - 12:30pm: Mergers: Mergers in local markets

From Dollar Tree/Family Dollar to Holcim/Lafarge to Poundland/99p, transactions affecting local geographic markets have been front page news on both sides of the Atlantic in recent years. This panel will look beyond the headlines to discuss how leading agencies have assessed competitive effects in both the retail and B2B spaces. The panelists will weigh in on whether geographic market definition is necessary in such cases, and how antitrust agencies examine system-wide effects on innovation, economies of scope and network effects in local market cases. They will also debate the best strategies for formulating remedies where the alleged anticompetitive effects are local and system-wide. 

Moderator:
Bilal Sayyed, Kirkland & Ellis LLP (Washington)

Speakers:
Anna Lyle-Smythe, Slaughter and May (Brussels)
Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)
Matthew Bennett, Charles River Associates (London)
Brian Byrne, Cleary Gottlieb Steen & Hamilton LLP (Washington)

11:00am - 12:30pm: Antitrust: An emerging consensus in the FRAND wars

Is a consensus beginning to emerge in the FRAND wars in respect of injunctive relief, arbitration to set royalty rates, and the treatment of patent assertion entities? Or do we continue to have significant disagreements about the role of antitrust in respect of intellectual property rights? Are the antitrust agencies capable of individually regulating competition in respect of standard essential patents? How effective would the agencies be if they were to take the lead on this issue?

Moderator:
Sven Völcker, Latham & Watkins LLP (Brussels)

Speakers:
Wolrad Prinz zu Waldeck und Pyrmont, Freshfields Bruckhaus Deringer LLP (Düsseldorf)
Logan Breed, Hogan Lovells LLP (Washington)
Joshua Wright, Professor of Law, George Mason University (Arlington)
Mathew Heim, Vice President and Counsel, Qualcomm (London)
Thomas Kramler, Digital Single Market, European Commission (Brussels)

12:30pm - 2:00pm: Networking lunch

Lunchtime keynote address:
Introduction: Christine Varney, Cravath, Swaine & Moore LLP (New York)
Keynote speaker: Terrell McSweeny, Commissioner, US Federal Trade Commission (Washington)

Concurrent sessions:

2:00pm - 3:30pm: Mergers: Litigation strategies for mergers

When faced with a merger challenge, how hard should the parties push to get the deal through? What are the best merger litigation strategies to pursue? Do these differ by industry or jurisdiction? What factors should be considered in developing a litigation strategy for mergers? How different are the economic analyses in litigation compared to agency review?

Moderator:
Lee Van Voorhis, Baker & McKenzie LLP (Washington)

Speakers:
Richard Cunningham, Gibson, Dunn & Crutcher LLP (Denver)
Sharis Pozen, Vice President, Global Competition and Antitrust, General Electric Company (Washington)
Stephen Weissman, Baker Botts (Washington)
Kevin Murphy, The George J. Stigler Distinguished Service Professor in Economics, Booth School of Business and the Law School, University of Chicago (Chicago)

2:00pm - 3:30pm: Antitrust: Emerging issues in online economies

Online economies have created a range of new businesses and business dynamics, which raise issues in respect of online peer-to-peer business platforms, the assembly and control of big data, cooperation among firms for the purpose of online data security, and the sharing economy. How should antitrust apply to these new businesses and business dynamics?

Moderator:
George Paul, White & Case LLP (Washington)

Speakers:
Adrien Giraud, Willkie Farr & Gallagher LLP (Paris)
Chul Pak, Wilson Sonsini Goodrich & Rosati (New York)
Hal Varian, Chief Economist, Google Inc. (San Francisco)
Youngjin Jung, Kim & Chang (Seoul)

3:30pm - 3:45pm: Coffee break

Concurrent sessions:

3:45pm - 5:15pm: Mergers: Who, What, Where, When, Why and How: A practical view on guiding a transaction through the remedy process

When a complex merger is proposed complicated issues proliferate quickly for internal and external counsel alike. This panel will review the "5Ws and 1H" that counsel should consider with respect to merger remedies at the beginning, middle, and end of a transaction. If a remedy is likely to be required, when is the best time to consider a package? Where should a remedy be offered? How and why should negotiations begin - should companies wait for the agency to request a remedy or prospectively seek a buyer and attempt to "fix it first"? What are the enforcing agencies' expectations - are agencies more likely to require complex relief or relatively straightforward remedies? Who is an appropriate divestiture buyer and what factors should be considered?

Moderator:
Craig Waldman, Jones Day (San Francisco)

Speakers:
Jon Dubrow, McDermott Will & Emery LLP (Washington)
David Gelfand, Deputy Assistant Attorney General for Litigation, US Department of Justice (Washington)
Julie Soloway, Blake, Cassels & Graydon LLP (Toronto)
Juhani Kostka, Head of Competition Law, LafargeHolcim (Zürich)

3:45pm - 5:15pm: Antitrust: Global antitrust litigation - A brave new world

Private antitrust litigation is continuing to develop apace, with the European (public-focused) and US (private-focused) models increasingly converging. Legislative developments are changing legal frameworks to facilitate private class and damage claims, while recent court decisions have clarified some areas of uncertainty. Increasing exposure to antitrust litigation risk globally continues to be important to in-house and external counsel. What are the best litigation and economic strategies to pursue given these developments worldwide?

Moderator:
Karen Hoffman Lent, Skadden, Arps, Slate, Meagher & Flom LLP (New York)

Speakers:
Wolfgang Deselaers, Linklaters LLP (Brussels)
Michelle Burtis, Charles River Associates (Washington)
Brian Ratner, Hausfeld (Washington)
Amadeu Ribeiro, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (New York)

5:15pm: Conclusion of day one

7:15pm onwards: Delegates are invited to attend an all-conference dinner at The Forge sponsored by Charles River Associates

Saturday, 6 February

7:30am - 8:30am: Registration / Light Breakfast

8:30am - 10:30am: Plenary: Different strokes for different folks: Regulating distribution practices in the US and EU

Enforcement of distributional practices – for resale price maintenance, territorial restrictions, most-favored nations clauses and other practices – has been disparate as between different jurisdictions. In the United States, there has been little enforcement of distributional practices in the past eight years, whereas European jurisdictions have focused heavily on these types of practices. What are the reasons for this divergence? Is there any possibility of future harmonization? What is the right economic approach to take? Are the different agencies using different economic frameworks when assessing distribution practices?  

Moderator:
Robert Atkins, Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York)

Speakers:
Moritz Holm-Hadulla, Gleiss Lutz (Stuttgart)
Eliana Garcés Tolón, DG Internal Market, Industry, Entrepreneurship and SMEs, European Commission (Brussels)
Susan Hinchliffe, Arnold & Porter LLP (London)
Francine Lafontaine, Senior Associate Dean, Faculty and Research and William Davidson Professor, Business Economics and Public Policy, Ross School of Business, University of Michigan and Former Director, Bureau of Economics, US Federal Trade Commission (Ann Arbor) 
Gregg Vicinanza, Chief Counsel, Corporate, BD (New Jersey)

10:30am - 10:45am: Coffee break

Concurrent sessions:

10:45am - 12:15pm: Mergers: Mergers in the communications sector - Experiences from the US and Europe

Are the US and European agencies taking different approaches to merger review in telecommunications and media transactions? Is it realistic to forecast (or prescribe) the conditions for entry in these capital intensive and fast evolving industries? Are rivals with different business models capable of preserving the extent of rivalry that would prevail if two incumbents merge? How should remedies be designed for mergers in the communications and media sectors?

Moderator:
Edurne Navarro, Uría Menéndez Abogados (Brussels)

Speakers:
Antonio Bavasso, Allen & Overy LLP (London)
Shawn Johnson, Crowell & Moring LLP (Washington)
Nick Woodrow, Head of Competition Law, Vodafone Group Services (Reading)
Jeffrey Prisbrey, Charles River Associates (Washington)

10:45am - 12:15pm: Antitrust: Compliance mission impossible

Do robust and effective compliance programs offer any protection to companies by way of leniency or fine reduction in cartel cases? Without such benefits, are companies being held strictly liable for cartel violations? Should enforcement agencies provide such credit to incentivize companies to adopt robust compliance programs? The panel will address these and other policy questions, as well as practical issues such as avenues for using a company’s compliance efforts when dealing with an antitrust enforcement agency, and how to incentivize companies and its employees to adopt and adhere to compliance programs.

Moderator:
Edward Schwartz, Steptoe & Johnson (Washington)

Speakers:
Miguel Del Pino, Marval O'Farrell & Mairal (Buenos Aires)
Shuli Rodal, Osler, Hoskin & Harcourt LLP (Toronto)
Beau Buffier, Shearman & Sterling LLP (New York)
Laurent Godfroid, Gide Loyrette Nouel (Brussels)
Carolyn Brue, Assistant General Counsel & Assistant Vice President, Ethics & Compliance Law, Cargill Inc. (Minneapolis)

12:15pm - 1:15pm: Chairpersons' concluding remarks and lunch

Jason Gudofsky, Blake, Cassels & Graydon LLP (Toronto)
Margaret Sanderson, Charles River Associates
(Toronto)

1:15pm: Close of conference

Sponsors and media partners

In association with:

Cocktail reception host:

Associate sponsor:

Venue Details
The Ritz-Carlton, South Beach
1 Lincoln Road, Miami Beach
Miami, 33139, USA
Tel: +1 (786) 276-4000

Sponsorship opportunities

GCR conferences provide an excellent opportunity to raise your corporate profile, allowing face-to-face interaction with key clients and decision makers.

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