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FRIdaY, 4 FeBRuaRY, cont’d

MERGERS Cont’d...



Minority Share Acquisitions, Joint Ventures and Interlocking Directorates: When – and why – should we be concerned?

  • When, if ever, should antitrust agencies have concerns about

partial equity investments?

  • How different are the approaches to partial equity investments

and joint ventures across jurisdictions?

  • Do the decisions in Carlyle/Kinder Morgan, Ryanair/Aer Lingus,

and Rio Tinto/BHP Billiton signal a change in enforcement policy?

Moderator: Deborah A. Garza, Covington & Burling LL , Washington Speakers:

James A. Keyte, Skadden Arps Slate Meagher & Flom LL , New York

Alec Burnside, Linklaters LL , Brussels

Melanie L. Aitken, Commissioner of Competition, Competition Bureau, Canada

Cristina Caffarra, Charles River Associates, London

2.00pm Detecting Cartel Activities: What is the correct approach?

  • What kind of evidence is meaningful for detecting price fixing,

bid rigging and customer allocation or territorial allocations, and what kind of evidence can result in false positives?

  • What can suppliers and purchasers do to improve their ability

to detect cartel and other anticompetitive activities? What can companies under investigation do to demonstrate the absence of a cartel?

  • How, and when, should suppliers and customers approach the

agencies when they suspect anticompetitive activity? Moderator: Michael Rowe, Slaughter and Ma , London Speakers: John W. Treece, Sidley Austin LL , Chicago Marcelo Calliari, TozziniFreiere Advogados, São Paulo Laurent Geelhand, General Counsel Europe, Michelin, Paris

John P. Frantz, Vice President & Associate General Counsel, Complex Litigation Verizon, Basking Ridge

George A. Hay, Edward Cornell Professor of Law and Professor of Economics, Cornell Universit , Ithaca


Coffee break


What Weight Is and Should Be Given to Hypothetical Entry/Repositioning Arguments?

  • While merger guidelines point to the importance of hypothetical

(or probable) entry and repositioning, what weight are antitrust agencies actually giving to these arguments?

  • What have been effective strategies, including economic

evidence, to proving likely entry or repositioning?

  • Should agencies (or do agencies) require evidence that

identified potential entrants have taken concrete steps to enter and that entry is imminent?

Moderator: David Gelfand, Cleary Gottlieb Steen & Hamilton LL , Washington

Speakers: Paul H. Friedman, Dechert LL , Washington Calvin S. Goldman, Blake Cassels & Graydon LL , Toronto

Michael R. Moiseyev, Assistant Director Bureau of Competition, Federal Trade Commission, US

Andrzej Kmiecik, Van Bael & Bellis, Brussels John Hayes, Charles River Associates, Oakland

3.45pm Dominance and Standard Setting: Current issues in the high tech sector

  • Enforcement actions with respect to alleged exclusionary and

exploitative conduct are being taken not only by the traditional enforcers, but also by younger enforcement agencies like those in Korea and Japan – how different are these cases from each other with respect to the economic theories underlying the cases?

  • Can we expect different standards in different jurisdictions,

or do we anticipate moving towards substantive convergence of antitrust laws governing monopolization and abuse of dominance?

  • What lessons can be learned from the actions taken in these

cases, and what is the relevance of these lessons on the contracting practices in other industries?

Moderator: George Addy, Davies Ward Phillips & Vineberg LL , Toronto Speakers: Bernard E. Amory, Jones Da , Brussels Youngjin Jung, Kim & Chang, Seoul

Greg Sivinski, Senior Attorney Antitrust Group, Microsoft Corporation

J. Robert Robertson, Hogan Lovells US LL , Washington

Robert G. Harris, Professor Emeritus, Haas School of Business, University of California, Berkeley


Close of Day One

7.00 - 10.00pm COCKTAIL RECEPTION AND GCR AWARDS 2011 DINNER (OPTIONAL): All participants are invited to attend the GCR Awards Dinner 2011 to be held at W South Beach. Drinks will be served (weather permitting) on the South Beach lawn next to the ocean followed by dinner. Tickets are priced at US$250 per person with all proceeds going to charity.

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