Merger Review and Enforcement Under New Guidelines
Richard Feinstein, Director, Bureau of Competition, FTC
Janet L. McDavid, Partner, Hogan Lovells
Bruce J. Prager, Partner, Latham & Watkins
Marius Schwartz, Professor of Economics, Georgetown University
George Rozanski, Partner, Bates White (moderator)
Topics will include:
- Will the agencies be able to challenge a merger successfully without defining markets?
- Do the draft Guidelines give the agencies substantially more leeway in merger investigation? Is this appropriate?
- Is it appropriate that the draft Guidelines call out particular techniques like merger simulation and critical loss analysis? Does this lessen the value of other techniques that are not called out?
- While the discussion of coordinated effects has been substantially updated, do these changes signal a substantial change in coordinated effects analysis?
- While the Guidelines are not law, they have been widely cited by courts. Will this change with the revisions?
- Will the suggestion that SSNIP size be based on the "value" that firms contribute give parties and agencies too much leeway in determining an appropriate SSNIP?
Single-Firm Conduct: A Sea Change in Enforcement?
William Cavanaugh Jr., Deputy Assistant Attorney General, DOJ
Wayne Dale Collins, Partner, Shearman & Sterling
Deborah A. Garza, Partner, Covington & Burling
Howard A. Shelanski, Deputy Director, Antitrust, Bureau of Economics, FTC
Cory Capps, Partner, Bates White (moderator)
Topics will include:
- Has enforcement changed under the new administration?
- Is U.S. enforcement moving towards a European abuse of dominance standard?
- How would more active agency Section 2 enforcement affect private litigation?
- Do firms have appropriate visibility into the types of conduct that are likely to result in agency investigations?
A Framework for Competitive Analysis of Exclusionary Conduct
B. Douglas Bernheim, Bates White Partner and Edward Ames Edmunds Professor of Economics, Stanford University
Merger Guidelines Panel
Single-Firm Conduct Panel
Dinner and Keynote Address
Date and Location
Monday, June 7, 2010
Ronald Reagan Building
1300 Pennsylvania Ave, NW
Washington, DC 20004
Reception and Dinner
To register, please email Claudine Roshanian or call her at 202.216.1801.