Antitrust in the Americas II

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One year has passed since Brazil’s new antitrust law entered into force. This panel will offer the perspectives of CADE, major companies and leading practitioners on how the new pre-merger review system is working, and will also discuss the challenges for both CADE and the private sector in the years ahead.

This panel will simulate a merger review matter regarding an international merger between producers of consumer products with global brands and valuable intellectual property. The participants will "role play" as defense counsel, economist, and an academic observing/commenting, and the moderators acting as GCs participating/questioning on the following issues: • international merger filings, their timing and consequences; • substantive analysis of the issues; • economic work and support; • strategy for handling a multi-jurisdictional, complex merger with differing implications in differing jurisdictions; • multi-jurisdictional remedies.

The determination of when a company is dominant and whether it is engaged in exclusionary or abusive practices as opposed to vigorous competition on the merits remains one of the most challenging tasks for competition enforcement. This panel will explore the application of competition laws to dominance issues based on the global experience of competition law enforcers and private practitioners. They will discuss the best tools used in determining what is lawful and unlawful conduct as well as principles for crafting effective and administrable remedies. Additional challenges arise when a single company operating in a global market faces potentially inconsistent determinations across jurisdictions. The panelists will draw upon examples from industries in which these issues arose long ago (e.g., telecommunications) as well as more recently (e.g., Internet-based markets). In Brazil, several cases, especially regarding the retail and regulated sectors, have been recently reviewed by the Administrative Council of Economic Defense (CADE) and emphasize the relevance of this subject to antitrust authorities. Further, CADE has signaled its intention to increase its focus on dominance issues in the new competition regime that was recently established.

Cecilio MADERO Villarejo, Deputy Director-General for Antitrust, European Commission, Directorate-General for Competition, Brussels, Belgium

Based on a hypothetical case involving a major cross-border acquisition in the telecommunications sector, the panel will discuss substantive and institutional issues characteristic of matters involving key agencies in the Americas. In the first part of the panel, practicing antitrust lawyers will discuss the main challenges involved in obtaining needed approvals, especially when enforcers take conflicting paths to solve antitrust issues.

Based on a hypothetical case involving a major cross-border acquisition in the telecommunications sector, the panel will discuss substantive and institutional issues characteristic of matters involving key agencies in the Americas. In the second part of the panel, enforcers and regulators will react and consider alternatives and incentives for cooperation in connection with the solutions proposed by members of the first panel, considering bilateral and multilateral approaches.

This panel will seek to provide the in-house counsel perspective on dealing with antitrust issues running the gamut from merger reviews to conduct investigations to implementing effective compliance programs. Learn what outside counsel can do to work effectively with in-house counsel, and understand the common issues in-house counsel deal with in managing the full range of global competition work.

With the increasing cooperation among antitrust enforcers to prosecute international cartels, lawyers are often faced with the challenge of coordinating defense strategies in multi-jurisdictional investigations. This panel will focus on challenges regarding coordination of international cartel defense and will comment on the main issues to be taken into account while deciding between collaboration/leniency with authorities vs defense in US, EU and Brazil.

Enforcement leaders for Brazil, Mexico, Chile and the United States answer questions regarding their enforcement priorities, successes and challenges, as well as the prospects for coordination and collaboration with their counterparts across borders.

Friday, June 07, 2013

08:00 AM - 01:15 PM : Registration

08:45 AM - 09:00 AM : Welcome Remarks

09:00 AM - 10:15 AM : Corporate Counsel Perspectives: Mergers, Investigations and Compliance

10:15 AM - 11:30 AM : Challenges in Coordination of International Cartel Defense

11:30 AM - 11:45 AM : Break

11:45 AM - 01:15 PM : Americas Enforcers Roundtable