Levin College of Law

Competition Policy Initiative


Affiliated Faculty

Heath Endowed Antitrust Lecture

  • 2018 Einer Elhauge (Harvard Law)
  • 2017 Leslie Marx (Duke University)
    Lecture can be viewed here.
  • 2016 Louis Kaplow (Harvard Law)
  • 2015 Harry First (NYU Law)
  • 2014 Dennis Carlton (University of Chicago Booth School of Business)
  • 2013 Howard Shelanski (Georgetown Law)
  • 2012 Joseph Harrington (Wharton)
  • 2011 William Kovacic (George Washington Law)
  • 2010 Herbert Hovenkamp (Iowa Law)

Photo, from left to right: William Page (UF Law), 2016 Heath Lecturer Louis Kaplow (Harvard Law), Kai-Uwe Kuhn (University of Michigan, Economics), Roger Blair (UF Economics), Abe Wickelgren (University of Texas Law), David Sappington (UF Economics), Robert Lanzillotti (UF Warrington College of Business, emeritus), Daniel Sokol (UF Law)

Photo from 2016 Heath Lecture

Online Platform Competition Conference

University of Florida
Robert F. Lanzillotti Public Policy Research Center (PPRC)

Location: Hough Hall, Room 120

Friday March 23, 2018

8:30am – 9am: Light Breakfast

9am – 9:50am: Paper 1

Presenter: Julian Wright (National University of Singapore)
Discussant: Patrick Rey (Toulouse)

9:50am – 10am: Coffee Break 1

10am – 10:50am: Paper 2

Presenter: Thibaud Verge (CREST)
Discussant: Wenche Wang (Michigan)

10:50am – 11am: Break 2

11am – 11:50am: Paper 3

Presenter: Justin Johnson (Cornell)
Heski Bar Isaac (Toronto)

12pm – 1pm: Lunch
Keynote: Steve Tadelis (Berkeley) – “Building Trust in Online Markets: Creating More Signal in the Noise”

1pm – 1:50pm: Paper 4

Presenter: Kevin Boudreau (Northeastern)
Mara Lederman (Toronto)

1:50pm – 2pm: Coffee Break 4

2pm – 2:50 pm Paper 5

Presenter: Andrei Hagiu (MIT)
Yi Zhu (Minnesota)

2:50pm – 3pm: Coffee Break 5

3:00pm – 3:50pm Paper 6

Presenter: Guofu Tan (University of Southern California)
Juan Pablo Montero (Catholic University of Chile)


UF/GCR Live Miami Antitrust Leaders Conference


2017 Conference

Thursday, 2 February

7:00pm – 9: 00pm: Welcome reception – Sponsored by Blake, Cassels & Graydon LLP

Friday, 3 February

7.30am – 8.30am: Registration / Light breakfast

8.30am – 9.15am: Chairpersons’ opening remarks and keynote address

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

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

Keynote address
Maureen Ohlhausen, Acting Chairman, US Federal Trade Commission (Washington)

9.15am – 10.45am: Plenary: Obama Antitrust Enforcement: Successes, Challenges and Difficult Issues

With a change in the US administration following the November election, this distinguished panel of US antitrust enforcement leaders will discuss the successes, challenges and difficult issues in recent US federal antitrust enforcement.

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

Panel:
Deborah Feinstein,
 Director, Bureau of Competition, US Federal Trade Commission (Washington)
Nancy Rose
Charles P. Kindleberger Professor of Applied Economics, MIT Department of Economics (Cambridge)
Renata Hesse, Former 
Acting Assistant Attorney General, Antitrust Division, US Department of Justice (Washington)

10.45am – 11.00am: Coffee break

Concurrent sessions:

11.00am – 12.30pm: Merger: 2016 Merger Challenges Retrospective

  • How has the field of play for challenging mergers (and defending against challenged mergers) changed in the past year and the past several years?
  • Are U.S. agencies better merger litigators as a result of their recent experiences (compared with the paucity of litigation between 2000 – 2008)?  Does the litigation success of U.S. agencies result in a reluctance to litigate by parties to a challenging merger?
  • What is the litigation and enforcement landscape in the EU and how has it changed?
  • How has the use and role of economic evidence evolved in merger challenges in the past ten years?  Which merger challenges in 2016 made the most use of economic evidence?

Moderator:
Jamillia Ferris, 
Wilson Sonsini Goodrich & Rosati (Washington)

Panel:
Andrew Lacy, 
Simpson Thacher & Bartlett LLP (Washington)
Jordan Ellison, 
Slaughter and May (Brussels)
Tara Reinhart, 
Skadden, Arps, Slate, Meagher & Flom LLP (Washington)
Martim Della Valle, 
Vice President, Compliance, Competition and Litigation, Anheuser-Busch InBev (Brussels)
Gopal Das Varma, 
Charles River Associates (Washington)

11.00am – 12.30pm: Antitrust: Crimes and Convergence: Trends in Enforcement Against Collusion

This panel will discuss trends in cartel enforcement from around the world, including:

  • Converging evidentiary standards: Are evidentiary standards for establishing illegal agreements as different between the United States and Europe as they once were, or is this changing? Have FTC investigations of invitations to collude affected this difference?
  • Individual prosecutions. What has been the effect of the Yates memos (in the United States) and other calls for white collar accountability been on the criminal prosecution of individuals for cartel activities? Has the prosecution of individuals in the UK been a success to date? In what other jurisdictions are practitioners likely to see an increase in prosecutions of individuals?
  • Information exchange. What approach is taken by different jurisdictions regarding exchange of information between competitors? What practices may raise the risk of enforcement?
  • End of major cases. As an era of cartel enforcement that was defined by automotive and financial industry cases comes to an end, what are the important contributions these cases have made to how companies and counsel deal with cartels?
  • Economic evidence. What are recent developments for demonstrating economic harm (or the absence of it) in cartels?

Moderator:
Barbara Rosenberg, 
Barbosa, Müssnich, Aragão (São Paulo)

Panel:
John Terzaken, 
Allen & Overy LLP (Washington)
Ulrich Denzel, 
Gleiss Lutz (Stuttgart)
Stephen Wisking, 
Herbert Smith Freehills LLP (London)
Miguel del Pino, Marval, O’Farrell & Mairal (Buenos Aires)
Brent Snyder, Acting Assistant Attorney General, US Department of Justice (Washington)

12.30pm – 2.00pm: Networking lunch sponsored by Latham & Watkins

Lunchtime keynote address
Brent Snyder, Acting Assistant Attorney General, US Department of Justice (Washington)

Concurrent sessions:

2.00pm – 3.30pm: Merger: Market Definition in Changing Industries

When industries evolve in response to customer demand and supplier innovation, government agencies and courts can be slow to respond. Can you effectively advocate for a client in an evolving industry where the markets have been previously defined?

Join our panel of private practitioners, in-house counsel, and an economist, as they discuss current trends and practices in market definition in changing industries.  They will discuss industries in which markets have been re-defined, consider how to assess whether a market definition is still viable, and address the role of economic evidence in establishing a new market.

Have you ever tried to persuade an antitrust enforcer to adopt a new market definition? Hear how courts and agencies have responded to proposed new market definitions and get tips on best practices when proposing your own.

Moderator:
William Rooney, 
Willkie Farr & Gallagher LLP (New York)

Panel:
Joseph Krauss, 
Hogan Lovells LLP (Washington)
Miranda Cole, 
Covington & Burling LLP (Brussels)
Stephen Weissman, 
Baker Botts LLP (Washington)
Marc Brotman, 
Vice President & Assistant General Counsel, Pfizer (New York)
Steven Tenn, 
Charles River Associates (Washington)

2.00pm – 3.30pm: Antitrust: How to Avoid Picking Up the Tab for Antitrust Liability: Implications For M&A and JVs

  • Parental/shareholder liability: Where does the law stand today on shareholder liability for a subsidiary’s antitrust breach? Lessons from Europe and the Americas.
  • Minimizing antitrust risk in the M&A context: The role of pre- and post-acquisition due diligence and contractual risk allocation in diminishing a purchaser’s antitrust exposure.
  • Compliance and mitigating antitrust risk during the investment period: How can parent companies and their portfolio companies effectively manage risk and reduce the prospect of repeat violations in an environment of heightened antitrust enforcement globally?

Moderator: 
Fiona Schaeffer, 
Milbank, Tweed, Hadley & McCloy LLP (New York)

Panel:
Sarah Jordan, 
Kirkland & Ellis LLP (London)
Peter Huston, 
Sidley Austin LLP (San Francisco)
Matías Giaccardi, 
Senior Counsel, Abbott (Buenos Aires)
Leonardo Peres Da Rocha e Silva, Pinheiro Neto (Brasília)

3.30pm – 3.45pm: Coffee break

Concurrent sessions:

3.45pm – 5.15pm: Merger: The Path Less Trodden

  • Is “public interest” becoming a more common topic of discussion in merger control proceedings?  Should it be a greater (or lesser) mode of analysis in merger matters? How are different antitrust regimes tasked with approaching or considering the “public interest”?
  • How should agencies be looking at pipeline products and other innovation issues when reviewing mergers? What role does the analysis of innovation competition currently play in merger review across the globe?
  • How do different antitrust regimes approach the evaluation of efficiencies and what effect does that have on cross-border merger reviews? Are evidentiary standards for assessing efficiencies evolving as efficiencies are asserted more frequently and agencies develop more experience with their evaluation?

Moderator:
Micah Wood, 
Blake, Cassels & Graydon LLP (Toronto)

Panel:
George Cary, 
Cleary Gottlieb Steen & Hamilton LLP (Washington)
Gavin Bushell, 
Baker & McKenzie LLP (Brussels)
Ronan Harty, 
Davis Polk & Wardwell LLP (New York)
Catherine Higgs, 
Global Head of Competition Law, GlaxoSmithKline (London)
Joanna Tsai, 
Charles River Associates (Washington)

3.45pm – 5.15pm: Antitrust: Enforcement is Just a Click Away: Competition Issues in E-Commerce

This panel will review will discuss key topics for antitrust enforcement in the e-commerce sector, including:

  • What type of conduct may lead to enforcement actions for e-commerce companies (i.e. geoblocking, pricing algorithms)?
  • How are investigations of Google and the European Commission’s e-commerce sectoral inquiry influencing the counselling of companies that sell products over the internet?
  • How are market power, and the durability of market power, measured in the e-commerce enforcement context?
  • What remedies are effective in the e-commerce context?

Moderator: 
Marc Pittie, 
Bredin Prat (Brussels)

Panel:
Hanno Kaiser, 
Latham & Watkins LLP (San Francisco)
Katrin Gassner, 
Freshfields Bruckhaus Deringer LLP (Düsseldorf)
Cristina Caffarra,
 Charles River Associates (Brussels and London)
Robert Mahnke, Senior Director, Global Core Payments and Competition, Pay Pal (San Francisco) 
Andrea Coscelli, Acting Chief ExecutiveCompetition and Markets Authority (UK)

5.15pm: Conclusion of day one

Evening: Delegates are invited to attend an all-conference dinner sponsored by Charles River Associates

Saturday, 4 February

7.30am – 8.30am: Registration / Light breakfast

8.30am – 9.00am: Keynote address

Andrea Coscelli, Acting Chief ExecutiveCompetition and Markets Authority (UK)

Concurrent sessions:

9.15am – 10.45am: Merger: Intervention and Remedies in Global Mergers

  • There is a line of recent cases where the remedies, both structural and behavioural, have exceeded the geographic or theory of harm perimeter identified by the agency; why has this occurred and is it legitimate?
      • Are incidents of agencies seeking remedies for allegedly anti-competitive behavior through the guise of a merger remedy on the rise?  Is this appropriate?
  • After a handful of high profile failed remedies, how are agencies changing their approach to evaluating the likelihood that a remedy will succeed?  Is the purchaser’s business plan now as important as the divestiture package?  Do failed remedies suggest more up-front remedies will be required? What does the future hold in terms of merger remedies in the U.S.?
  • Should there be a framework for inter-agency cooperation in global cases involving global remedies?  Should there be a system to determine which agencies are best placed to negotiate the global remedy, and how would that work?

Moderator:
Noah Brumfield, 
White & Case LLP (Washington)

Panel:
Nicole Kar, 
Linklaters LLP (London)
David Wales, 
Jones Day (Washington)
Mark Whitener, 
Senior Counsel, Competition Law & Policy, General Electric (Washington)
Melissa Fisher, 
Associate Deputy Commissioner, Mergers, Government of Canada (Quebec)
Matthew Bennett, 
Charles River Associates (London)

9.15am – 10.45am: Antitrust: Interoperability and Antitrust

  • When is it appropriate for competition law agencies to pursue interoperability as a remedy for anti-competitive conduct?
  • Can competition agencies effectively assess and supervise industrial design decisions that impact a dominant firm’s competitors’ ability to compete (whether the industrial design decisions are made ex ante or ex post)?
  • Is there actual evidence of mandated interoperability impacting conduct by dominant firms?

Moderator:
Olivier Antoine, 
Crowell & Moring LLP (New York)

Panel:
Yonatan Even, 
Cravath, Swaine & Moore LLP (New York)
Susan Ning, 
King & Wood Mallesons (Beijing)
Rainer Becker, DG Competition, European Commission (Brussels)
Tero Louko, Senior Competition Counsel, Google (Brussels)
Joshua Gans, Rotman School of Management, University of Toronto and The Brattle Group (Toronto)

10.45am – 11.00am: Coffee break

11.00am – 12.45pm: Plenary: Enforcers or Regulators?

As many markets become more complex and globalized, competition authorities are facing increasingly challenging decisions with respect to their review of transactions and conduct by firms with large market shares.  For some competition authorities, traditional antitrust enforcement tools may appear inadequate, leading the authorities to consider more regulation-style remedies.  This panel will discuss the key issues underlying whether competition authorities are more likely to function as enforcers or regulators in the upcoming years: 

  • What is the role of politics in antitrust and regulatory policy, is it changing, and does it vary by jurisdiction?
  • To what extent are workforce reductions a legitimate efficiency within the proper ambit of competition enforcers?
  • How closely should competition authorities coordinate with sectoral regulators or other public authorities when reviewing transactions, particularly with respect to public interest considerations?
  • What is the role of economists in designing regulatory remedies?
  • Should the courts have a role in a regulatory approach to competition policy?

Moderator:
Joshua Soven, 
Gibson, Dunn & Crutcher LLP (Washington)

Panel:
Rachel Brandenburger
Alexandre Cordiero Macedo, 
Administrative Council for Economic Defense (CADE), (Brasília)
Charles (Rick) Rule, 
Paul, Weiss, Rifkind, Wharton & Garrison LLP (Washington)
Kai-Uwe Kühn, 
Professor of Economics, University of East Anglia (Norwich)
Calvin Goldman
Goodmans LLP (Toronto)

12.45pm: Chairpersons’ concluding remarks and lunch

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


2016 Conference

gcr-2016

From left to right: Debbie Feinstein, Director of the Bureau of Competition of the Federal Trade Commission; David Gelfand, Deputy Assistant Attorney General for Litigation for the Department of Justice Antitrust Division; Carl Shapiro, Transamerica Professor of Business Strategy in the Haas School of Business at the University of California at Berkeley.

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


2015 Conference

Photo of Sokol at 2015 GCR

Sokol at the GCR Live Miami 2016 conference.

Thursday, 5th February

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

Friday, 6th February

7:30am – 8:30am:

Registration/ Light Breakfast

8:30am – 9:30am: (Plenary)

Chairpersons’ Opening Remarks

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

Keynote Address

Introduction: William Kolasky, Hughes Hubbard & Reed LLP (Washington)

Keynote speaker: William Baer, Assistant Attorney General, Antitrust Division, US Department of Justice (Washington)

9:30am – 10:45am: (Plenary)

Roundtable with Agency Heads of Economics

Moderator:

  • Margaret Sanderson, Charles River Associates (Toronto)

Speakers:

  • Tim Brennan, Chief Economist, US Federal Communications Commission 2014 (Washington)
  • Giulio Federico, Merger Coordinator, Chief Economist Team, DG Competition, European Commission (Brussels)
  • Mike Walker, Chief Economic Advisor, Competition and Markets Authority (London)
  • Nancy Rose, Deputy Assistant Attorney General for Economic Analysis, US Department of Justice (Washington)
  • Francine Lafontaine, Director, Bureau of Economics, US Federal Trade Commission (Washington)

10:45am – 11:00am:

Coffee Break

11:00am – 12:45pm: (Concurrent sessions)

Merger: Evidence in Merger Reviews – Handling Customer Views

This panel will discuss the relative and potentially changing importance of customer feedback and economic evidence to agencies conducting merger reviews in light of the court’s discounting of the views of customers in BazaarVoice.

  • Is it still an effective use of agency time to solicit the views of large numbers of customers, and if so, why?
  • What is the value and what are the limitations of commissioning a customer survey, and how should surveys be best used by merging parties?
  • How should agencies interpret economic evidence that is at odds with feedback from customers and other market participants?
  • Are theories of harm about the exercise of bargaining power – whether resulting in exclusion of upstream suppliers or horizontal competitors e.g., water-bedding – economically provable in the merger context?
  • If customer opinion is not capable of being determinative of a merger’s legality in some instances, does this diminish the probative value of customer opinion in other circumstances?

Moderator:

  • Olivier Antoine, Crowell & Moring LLP (New York)

Speakers:

  • Jordan Ellison, Slaughter and May (Brussels)
  • Scott Sher, Wilson Sonsini Goodrich & Rosati (Washington)
  • David Wales, Jones Day (Washington)
  • Carl Shapiro, University of California at Berkeley (Berkeley)

or

Antitrust: Sharing Technology and Facilitating Competitor Success as a Remedy in Innovation Markets

This panel will discuss the obligation to share technology with competitors and facilitate the success of competitors as a remedy in certain innovation markets, and the effectiveness of such remedies in restoring competitive market dynamics.

  • Is there good evidence of a causal relationship between a lack of sharing and the achievement of dominance or exclusion in certain industries? If not, why is sharing a potentially appropriate remedy?
  • In what circumstances is sharing with or facilitating a competitor likely to overcome tying and other exclusionary practices? In what circumstances is it likely to overcome entrenched business models that customers are accustomed to?
  • What are the economic circumstances in which mandated sharing or facilitation is most likely to succeed? Is sharing an appropriate remedy in regulated industries (when other regulators are capable of ordering sharing)?
  • Does the imposition of “net neutrality” regulations constitute a facilitation?
  • Is “Big Data” an industry where sharing should be required, given the high barriers to entry (both for data accumulation and server capacity)?
  • If sharing and facilitation is an effective and appropriate remedy, particularly in industries given to innovation, what does it mean if Aspen Ski is considered to be at the outer edge of monopolization/ abuse of dominance?

Moderator:

  • Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz (New York)

Speakers:

  • Sean Durkin, Charles River Associates (Chicago)
  • Timothy Cornell, Clifford Chance LLP (Washington)
  • Dina Kallay, Director, Intellectual Property and Competition, Ericsson, Inc. (Washington)
  • James Keyte, Skadden, Arps, Slate, Meagher & Flom LLP (New York)
  • Nikhil Shanbhag, Director, Competition, Google Inc. (California)

12:45pm – 1:45pm:

Lunch

2:00pm – 3:45pm: (Concurrent sessions)

Merger: Merger Review in Rapidly Evolving Industries

This panel will discuss how agencies should approach the task of merger review when industries go through rapid consolidation and successive transactions, including a discussion of how innovation competition and portfolio effects can be reliably assessed in such circumstances.

  • Industry consolidation, especially in the technology sector, may be driven by product evolution or technology convergence. How should agencies address relevant product market definition in such cases?
  • Is rapid industry consolidation an appropriate time to apply theories of competitive harm that are more difficult to apply from an evidentiary perspective, including portfolio effects and innovation effects?
  • Where consolidation occurs rapidly (e.g., SeaGate/Samsung and Western Digital/Hitachi) how should agencies assess the likelihood of future coordinated effects? Will these circumstances bring about the first “tipping point” case?

Moderator:

  • Susanne Zuehlke, Latham & Watkins LLP (Brussels)

Speakers:

  • Deborah Feinstein, Director, Bureau of Competition, US Federal Trade Commission (Washington)
  • Antonio Bavasso, Allen & Overy LLP (London)
  • Ronan Harty, Davis Polk & Wardwell LLP (New York)
  • Aviv Nevo, Northwestern University (Evanston)
  • Scott Darling, Vice President, General Counsel, Trulia, Inc. (San Francisco)

or

Antitrust: Creating Transparency in Markets: Coordination and Information Exchange

This panel will discuss the recent antitrust scrutiny of coordination and information exchange practices used by market participants to create price discovery mechanisms and enhance price transparency as well as agency responses to information exchange and hub-and-spoke coordination.

  • Industries that do not operate in open markets have little price transparency. How can this information gap be remedied in a pro-competitive manner? Is a lack of transparency necessarily a bad thing?
  • In what cases can information exchanges be pro-competitive (e.g. Rx 360, Tristate Health Partners)? How can economic tools be used to make this determination?
  • What steps have European regulators taken recently to reduce the risk of horizontal coordination and hub-and-spoke coordination in particular (e.g. Tesco, Post Danmark)? How have these efforts affected particular sectors, especially the food and textile sectors?
  • What benefit do these antitrust cases have for consumers (e.g. Libor, Gold Investigation)? What are the economic benefits?
  • How has the US approach to coordination and information exchange to enhance price transparency differed from the European approach?

Co-Moderators:

  • Katrin Gaßner, Freshfields Bruckhaus Deringer LLP (Düsseldorf)
  • Kyriakos Fountoukakos, Herbert Smith Freehills LLP (Brussels)

Speakers:

  • Matthew Reilly, Simpson Thacher & Bartlett LLP (Washington)
  • Matthew Bennett, Charles River Associates (London)
  • James Mutchnik, Kirkland & Ellis LLP (Chicago)
  • Cecilio Madero Villarejo, Deputy Director-General for Antitrust, DG Competition, European Commission (Brussels)

3:45pm – 4:00pm:

Coffee Break

4:00pm – 5:30pm: (Concurrent sessions)

Merger: Clean Up in Aisle 3 – New Approaches to Merger Review in the Retail Sector

This panel will discuss competition and consolidation in the retail sector and how the rise of online sales platforms and other disruptive technologies have influenced the development of merger analysis.

  • In a world with Amazon, are mergers in the retail sector (outside of groceries) ever likely to be anti-competitive again?
  • How are agencies approaching the effects of retail mergers on upstream suppliers? How can economics be used to further our understanding of these effects?
  • How should merger analysis (both as presented by the parties and as performed by the agencies) reflect the rapid (and continuing) evolution of distribution structures?
  • How do antitrust agencies approach the general problem of disruptive new entrant retailers when performing merger review?

Moderator:

  • Rebecca Farrington, White & Case LLP (Washington)

Speakers:

  • George Cary, Cleary Gottlieb Steen & Hamilton LLP (Washington)
  • James Fishkin, Dechert LLP (Washington)
  • Paul Collins, Stikeman Elliott LLP (Toronto)
  • Michael Salinger, Charles River Associates (Boston)
  • Mike Walker, Chief Economic Advisor, Competition and Markets Authority (London)

or

Antitrust: “Sir, please step out of line” – Extraterritoriality and Extradition in the Antitrust Context

This panel will discuss the implications for clients of the US DOJ demonstrating its ability to extradite a foreign national for participation in a cartel and explore the limits of extraterritoriality in cartel enforcement today as well as the incentives of those subject to extradition.

  • Is the risk of extradition to the United States more significant than previously?  Is this a general risk, or specific to the country in which individuals reside?
  • What influences the incentives of individuals who are potentially subject to extradition?
  • Do antitrust laws properly capture the risk profiles of individuals who engage in cartel behaviour that could potentially subject them to extradition?
  • What is an appropriate threshold for “dual criminality” under antitrust law?
  • In trans-national cartels, in which jurisdiction should individuals plead guilty, and where should they serve their sentences?
  • How can corporate counsel best handle potential extradition proceedings against one of its employees? Should those employees be carved out of plea agreements? Should they be advised to retain separate counsel? Should they enter cooperation agreements?
  • What are the limits on extraterritoriality in US law and what are the implications for individuals and companies likely to arise out of Motorola Mobility LLC v. AU Optronics Corp.?

Moderator:

  • Peter Niggemann, Freshfields Bruckhaus Deringer LLP (Düsseldorf)

Speakers:

  • José Carlos da Matta Berardo, Barbosa, Müssnich & Aragão Advogados (São Paulo)
  • Kenneth O’Rourke, O’Melveny & Myers LLP (Los Angeles)
  • Kathryn Hellings, Hogan Lovells US LLP (Washington)
  • Yusuke Nakano, Anderson Mori & Tomotsune (Tokyo)
  • Matthew Boswell, Senior Deputy Commissioner of Competition, Criminal Matters, Competition Bureau (Ottawa)

7:30pm: Conference Dinner – Sponsored by Charles River Associates

Saturday, 7th February

8:15am – 8.45am:

Welcome Coffee

8:45am – 10:30am: (Plenary)

A Retrospective on the Term of Commissioner Joaquín Almunia, and a Look Ahead

GCR Miami 2015 will be one of the first opportunities to reflect on the accomplishments of Joaquín Almunia’s term as EU Commissioner of Competition, and to look ahead at the challenges facing the new Commission.

  • What are the key accomplishments of the European Commission under Joaquín Almunia?
  • In what areas has the European Commission under Joaquín Almunia failed to advance enforcement? How should the next Commissioner address enforcement?
  • How do these accomplishments and failures match against those of US agencies during the same time period? What are the lessons that other agencies can take from Joaquín Almunia’s term?
  • What ought to be the priorities of the next Commissioner? How do these proposed priorities compare to trends in other jurisdictions?

Moderator:

  • Paula Riedel, Linklaters LLP (London)

Speakers:

  • Rachel Brandenburger, Senior Advisor to Hogan Lovells US LLP (New York)
  • William Blumenthal, Sidley Austin LLP (Washington)
  • Frédéric Jenny, Chairman, OECD Competition Law and Policy Committee (Cergy-Pontoise)
  • Kai-Uwe Kühn, University of Michigan (Michigan)

10:30am – 10:45am:

Coffee Break

10:45am – 12:15pm: (Concurrent sessions)

Merger: A Vertical Tide in Merger Review

This panel will discuss recent trends in vertical theories of harm in merger review.

  • Are vertical concerns the new horizontal?
  • Are questions of vertical effects more important to the exercise of market power in certain industries?
  • What strategies should merging parties consider in the context of a vertical merger?
  • How does the analysis of vertical mergers differ across jurisdictions?

Moderator:

  • Navin Joneja, Blake, Cassels & Graydon LLP (Toronto)

Speakers:

  • Ian John, Kirkland & Ellis LLP (New York)
  • Joshua Soven, Gibson, Dunn & Crutcher LLP (Washington)
  • Ulrich Denzel, Gleiss Lutz (Stuttgart)
  • Steven Salop, Georgetown University (Washington)
  • Sophie Moonen, Head of Unit, European Commission (Brussels)

or

Antitrust: Compliance and Crisis Management: A Global Perspective

This panel will discuss the qualities that make up effective antitrust and anti-corruption compliance programs and their growing importance, and consider how those policies help (or hinder) in a crisis situation.

  • What are the key substantive and procedural aspects of an effective compliance program?
  • How can economics help clients in determining their damage exposure and be used effectively in settlement discussions with the agency or private parties?
  • In what circumstances is compliance risk estimable for reserve purposes?
  • In what circumstances can compliance programs aggravate corporate liability? How can such circumstances be prevented?
  • How can compliance programs help/ hinder after an investigation has been commenced? What economics tools can be used to gauge the scale of damages?

Moderator:

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

Speakers:

  • Alfredo O’Farrell, Marval, O’Farrell & Mairal (Buenos Aires)
  • Fiona Schaeffer, Milbank, Tweed, Hadley & McCloy LLP (New York)
  • Helen Bardell, Director, Competition Team, Barclays Bank (London)
  • Claire Debney, Vice President & General Counsel, Group Legal Affairs & Compliance, Reckitt Benckiser Group plc (Slough)
  • Robert Topel, University of Chicago (Chicago)

12:15pm – 1:00pm: Chairpersons’ Concluding Remarks and Lunch

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

May Academic Conference


The Economics of Innovation

Friday May 20, 2016
120A Hough Hall

8:30 – 9:00 am— Breakfast

9:00 – 10:30 am — Specializing in Generality: Firm Strategies in Markets for Technology (Raffaele Conti, Alfonso Gambardella & Elena Novelli)

Presenter: Brent Goldfarb, University of Maryland (20 minutes)

Author Response: Alfonso Gambardella, Bocconi (Visiting MIT) (15 minutes)

10:30 – 10:45 am— Break

10:45 – 12:15 pm— Patent Trolls: Evidence from Targeted Firms (Lauren Cohen, Umit G. Gurun &

Scott Duke Kominers)

Presenter: Michael Meurer, BU (20 minutes)

Author Response: Lauren Cohen, Harvard (15 minutes)

12:15 – 1:15 pm— Lunch

1:15 – 2:45 pm— Bundling of RAND-committed Patents (Anne Layne-Farrar & Michael A. Salinger)

Presenter: Huseyin Yildirim, Duke (20 minutes)

Author Response: Michael Salinger, BU (15 minutes)

2:45 – 3:00 pm— Break

3:00 – 4:30 pm— Medical Device Recalls and Innovation (Vivek Ghosal & D. Daniel Sokol)

Presenter: Jeff Macher, Georgetown (20 minutes)

Author Response: Vivek Ghosal, Georgia Tech (15 minutes)


2015 Conference: Healthcare Competition

Presentation 1

Thomas McGuire, Harvard Medical School

Resolving Reverse Payment Settlements with the Smoking Gun of Stock Price Movements

 

Discussant: Kate Ho, Columbia University

 

Break

 

Presentation 2

Caroline Carlin, Medica Research Institute and Roger Feldman, University of Minnesota

  1. The Impact of Hospital Acquisition of Physicians Practices on Referral Patterns

 

  1. Changes in Quality of Health Care Delivery after Vertical Integration

 

  1. The Impact of Provider Consolidation on Price:  Horizontal Integration and Tied Purchasing

 

Discussant: Christine Durrance, University of North Carolina at Chapel Hill

 

Lunch

 

Presentation 3

Robert Town, University of Pennsylvania (Wharton) and Matthew Grennan, University of Pennsylvania (Wharton)

Regulating Innovation with Uncertain Quality: Information, Risk, and Access in Medical Devices

 

Discussant: Christina DePasquale, Emory University

 

Break

 

Presentation 4

Cory Capps, Bates White and David Dranove, Northwestern

The Effect of Hospital Acquisitions of Physician Practices on Prices and Spending

 

Discussant: Vivek Ghosal, Georgia Institute of Technology

Antitrust Moot Court Team