THuRsdaY, 3 FeBRuaRY
6.00 - 7.15pm
Registration and Welcome Reception – An opportunity to meet the speakers and your fellow participants La Côte Poolside Bar, The Fontainebleau Hotel
7.30 - 11pm
Blakes South Beach Bash. Coco de Ville, Gansevoort Hotel, 2377 Collins Avenue, Miami Beach Transportation will be provided from the Fontainebleau Hotel to Coco de Ville immediately following GCR’s opening reception.
FRIdaY, 4 FeBRuaRY
Chairman’s opening Remarks
Keynote Address: Rachel Brandenburger, Special Adviser International, US Department of Justice
Roundtable with Agency Heads of Economics
Registration / light breakfast
What are the most useful economic analyses that parties can present to the agencies?
What are the economic departments of the various agencies doing to learn from each other and, where appropriate, develop consistent
approaches to cross-border mergers, contracting practices that cross jurisdictions or global price-fixing conspiracies?
To what extent are agency heads of economics coordinating their economic analyses on difficult cases? Should more be done?
Moderator: Margaret F. Sanderson, Charles River Associates, Toronto Speakers: Kenneth Heyer, Chie , Competition Policy Section, Economic Analysis Group, Antitrust Division, US Department of Justice Joseph Farrell, Directo , Bureau of Economics, Federal Trade Commission, US Miguel de la Mano, Deputy Chief Economist, DG Competition, European Commission Alison Oldale, Chief Economist, Competition Commission, UK
10.30am Coffee break
CONCURRENT SESSIONS ANTITRUST
10.45am Applying Unilateral Effects Analysis: Is market definition passé?
What role, if any, will market definition play in merger analysis
under the revised US Horizontal Merger Guidelines?
Has use of upward pricing pressure tests by the UK’s OFT
and by US Agencies made any material difference to the time frame for review, the information burden on the parties, or the Agencies’ ultimate decisions?
Will different merger standards emerge if courts fail to endorse
the Guidelines’ approach, and what will this mean for the government’s ability to win a contested merger?
Moderator: Ilene Knable Gotts, Wachtell Lipton Rosen & Katz, New York Speakers:
Beau W. Buffier, Shearman & Sterling LL , New York Richard Parker, O’Melveny & Meyers LL , Washington
Simon Pritchard, Allen & Overy LL , London Gary Roberts, Charles River Associates, Washington
10.45am Practical Issues for Class Certification, Assigning Liability and Assessing Damages
Given the more rigorous analysis required, what do plaintiffs
need to do to successfully certify a class and how will shifting standards in different countries affect immunity and settlement negotiations in global price-fixing cases?
What types of economic evidence are proving to be most
persuasive before courts and agencies with respect to certification, and who should bear the burden of providing damages given that precise measurement may be inherently difficult?
What should economists and lawyers tell the courts about the
current way to analyze damages, particularly in more complex cases such as those that might involve measuring damages from lost opportunities, in exclusionary conduct cases?
Is the current approach favoring defendants and encouraging
anticompetitive conduct by upholding Daubert challenges occurring too often such that it is under-compensating victims of exclusionary conduct?
Moderator: John Taladay, Howrey LL , Washington Speakers: Michael Hausfeld, Hausfeld LL , Washington Mark Gidley, White & Case LL , Washington Katherine L. Kay, Stikeman Elliott LL , Toronto Susanne Zuehlke, Latham & Watkins LL , Brussels Gregory D. Adams, Charles River Associates, Salt Lake City
LUNCH: Keynote speaker: William E. Kovacic, Commissione , Federal Trade Commission, US ‘2010 Horizontal Merger Guidelines: Behind the Scenes’