Global Competition Review takes great pleasure in announcing a major international conference to mark the 20th anniversary of the EU Merger Regulation to be held at the Radisson Blu Royal Hotel in Brussels.
Following the opening address from Joaquín Almunia, Vice-President of the European Commission and Commissioner in charge of Competition, current and former enforcers will come together with competition law specialists from the EU, the USA and China to celebrate the ECMR's achievements and legacy worldwide and look at the developments in international merger policy.
Distinguished speakers will provide delegates with a thorough update on recent developments, legislation and cases and assess the challenges that lie ahead.
Senior enforcers and antitrust specialists from industry and private practice include:
DAY ONE
Morning chairman: James S. Venit
Partner, Skadden Arps Slate Meagher & Flom LLP
08.30 Registration and coffee
09.00 Chairman’s Opening Remarks
09.05 Keynote Address
Joaquín Almunia
Commissioner for Competition Policy and Vice-President, European Commission
09.30 Setting the Scene: EU Merger Control – 20 Years of Practice
A panel of current and former regulators discuss key past developments and look to the future
Professor Mario Monti, President, Bocconi University, former Commissioner for Competition, European Commission
Philip Lowe, Director General of the Energy DG, European Commission, Former Director General, DG Competition
William E. Kovacic, Member, Federal Trade Commission
Deborah Platt Majoras, Chief Legal Officer & Secretary, The Procter & Gamble Company
Götz Drauz, Partner, Howrey LLP, former Deputy Director General, DG Competition
Lars-Hendrik Röller, President, ESMT, former Chief Economist, DG Competition, European Commission
11.00 Coffee
11.30 The Judicial Perspective
• Standard of review
• Deference and scope of review involving complex economic assessments
Bo Vesterdorf, Counsel, Herbert Smith LLP, former President of the European Court of First Instance (CFI)
Sir Christopher Bellamy QC, Senior Consultant, Linklaters LLP, former Judge at the Court of First Instance and former President, Competition Appeals Tribunal
Ian Forrester QC, Partner, White & Case LLP
Andrea Lofaro, Director, RBB Economics
12.45 Lunch
14.15 International Cooperation and Convergence
Chairman: John Fingleton, Chief Executive, Office of Fair Trading
• Priorities of the European Competition Network: convergence and divergence
• Priorities of the International Competition Network: convergence and divergence
• Understanding the role of the OECD
• The changing role of the substantive test for merger control as economies develop
• Competition advocacy towards governments and other stakeholders
Rachel C. Brandenburger, Special Adviser, International, US Department Of Justice
Melanie Aitken, Commissioner of Competition, Canada's Competition Bureau
Alexander Italianer, Director General, DG Competition (TBC)
Bruno Lasserre, President, Autorité de la Concurrence
Andreas Mundt, President, Bundeskartellamt
15.45 Tea
16.15 The Challenges for BRIC Countries
Chairman: John Davies, Partner, Freshfields Bruckhaus Deringer LLP
• Merger enforcement priorities for the next three years
• How to regulate multi-jurisdictional mergers?
• Procedural, timing and staffing challenges
• Role of government and independence of agencies
With the participation of a Senior Representative of the Anti-Monopoly Bureau, MOFCOM, plus representatives from Brazil and India
17.20 Close of day one
18.00 Drinks reception
DAY TWO
09.00 Coffee
09.10 Chairman’s Opening Remarks
09.30 Horizontal Mergers – A Comparative Look at the US, EU and Elsewhere
Chairman: Thomas Vinje, Partner, Clifford Chance LLP
• The substantive test
• What has been the impact? Have fewer mergers been cleared?
• Is it working?
• Do market shares still matter? Does market definition matter? Is dominance dead?
• Unilateral effects: Is the standard clear enough?
• How close is close enough?
• Mavericks: Too subjective, too speculative a concept?
• Coordinated effects: Missing in action?
• Standards for economic evidence
• Is there a gap with the US?
• What is the likely impact of the [draft] US horizontal merger guidelines?
Damien Neven, Chief Economist, DG Competition, European Commission
Rachel C. Brandenburger, Special Adviser, International, US Department of Justice
William E. Kovacic, Member, Federal Trade Commission
Amelia Fletcher, Chief Economist, Office of Fair Trading
William Kolasky, Partner, Wilmer Hale Dorr LLP
Kaarli Eichhorn, Vice President and Senior Competition Counsel, General Electric Company
Cristina Caffarra, Vice-President, Charles River Associates
11.00 Coffee
11.30 Non-Horizontal Mergers
Chairman: Jean-Yves Art, Professor, College of Europe, Bruges
A look at the past and where we can improve
• From Tetra Laval/Sidel to TomTom/Tele Atlas – Did the EC become too lenient?
• Efficiencies to dominance vs leveraging to dominance – same or different assessment?
• Non-horizontal mergers in converging industries – How to balance competition and technical / economic progress?
Nicholas Levy, Partner, Cleary Gottlieb Steen & Hamilton LLP
Ronan P. Harty, Partner, Davis Polk & Wardwell LLP
Jorge Padilla, Managing Director, LECG
12.30 Q&A
12.45 Lunch
14.15 Remedies/Settlements in the International Context
Chairman: Alec Burnside, Partner, Linklaters LLP
• Multiple filings, multiple remedies? Achieving consistency
• Aligning the procedures; scope for liaison among agencies?
• Formal remedies and informal commitments
• Structural versus behavioural
• Access remedies
Janet L. McDavid, Partner, Hogan Lovells US LLP
John Boyce, Partner, Slaughter and May
Nadine Mouy, Head of Mergers Service, Autorité de la Concurrence
John Davies, Partner, Freshfields Bruckhaus Deringer LLP
16.00 Tea and close of conference
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