July 13, 2018

International Scholar in Residence

Magali Eben

Magali Eben is a third year PhD Candidate at the University of Leeds (United Kingdom). She holds a Bachelor’s and Master’s degree in law from the Vrije Universiteit Brussel, and an LLM in Comparative Corporate and Financial Law from the University of Leeds. She teaches seminars and lectures in Competition Law and EU Law to undergraduate students at the University of Leeds, and has given guest lectures to LLM students at the Vrije Universiteit Brussel. She also provides research assistance to both academics and practitioners.


Magali’s research project examines the difficulties online services pose for the traditional approach to market definition, both in EU competition law and in US antitrust. It aims to critically analyse solutions to particular problems, such as: the free nature of services, the multi-sidedness of platforms, the dynamic nature of business models and products, and the overall difficulty in drawing clear boundaries around markets online. In doing so, the project will enable the formulation of guidelines on market definition for online services. During her research visit Magali will learn from the US perspective on these issues, by liaising with both academics and practitioners. She will assess the viability of market definition in the context of online services according to US doctrine, jurisprudence and legal practice, and different schools of economics. American experts are significant contributors to the ideas and practice underlying market definition. The information collected during her residence will allow Magali to formulate suggestions underpinned by strong, cross-Atlantic, evidence.

 


Dr. Juliana Oliveira DominguesDr. Juliana Oliveira Domingues is a Professor of Economic Law, Antitrust Law and Trade Remedies. In dawn of the century, thrilled by the strengthening of the effective antitrust enforcement in Brazil when the Brazilian Leniency Policy was seeing its kickoff, she turned her research during the master degree studies towards fighting international hard-core cartels in Brazil. In 2004, she submitted the first results of her research as a paper in a public contest of monographies hosted by the Brazilian Institute of Competition, Consumer and International Trade Affairs (“IBRAC”), and was awarded the "IBRAC-Esso Prize". She holds a Master in Law degree (2005) by the School of Law of the Federal University of Santa Catarina (“UFSC”). PhD. by the Pontifical Catholic University of Sao Paulo (“PUC-SP”) since 2011, her thesis focused on the export cartels as an antitrust exemption also granted her another “IBRAC” prize. Besides her academic credentials, Professor Dr. Domingues worked as a lawyer in several and paradigmatic antitrust and global trade cases in Brazil. As a natural result, in 2008, she started to head the antitrust & competition practice and to add the global trade practice of one leading Law Firm in Brazil. Still in 2008, she published her first book on Antitrust Law by one of the most prestigious legal editors in Brazil (Saraiva). This book was awarded with the recognition of “best legal book of the year” (Prize “Troféu Cultura Econômica” in 2008 - currently, the book is mow on its 4th edition). During the time she was practicing law, she was nominated by several peers and clients as a leading lawyer both on Antitrust and International Trade (see Latin Lawyers Latin America, Chambers and Partners, EuroMoney besides others). In 2012 and after being approved as a full time professor at the University of São Paulo (“USP”), she resigned from the Law Firm and started to fully dedicate to researching and teaching at the School of Law of FDRP/USP. Besides several papers and books in Brazil, in 2013 she published the book “Brazilian Competition Law: A practitioner’s Guide” by Wolters Kluwer. Within her academic engagement as a rising leading scholar in Brazil, she has been able to supervise several researches on antitrust and competition, law and development, economic regulation, and anticorruption/compliance. It is also worth noting that she is involved in important initiatives following gender equality in Brazil. Professor Domingues is also a member of the main Competition Fora in Brazil like the Antitrust & Economic Regulation Committee of the Brazilian Bar Association; IBRAC; and she was nominated in 2016 by the Brazilian Council for Economic Defense (“CADE”) as a Non-Governmental Advisor at ICN, actively involved in the Merger Working Group. While in the US in 2018, her research project will target the comprehension of the US experience in enforcing the law against antitrust offenses, with special attention to the criteria of measuring and applying fines. Professor Domingues is attempting to contribute to the Brazilian effort in how to better develop the sentencing system for antitrust offenses.

American Bar Association
Section of Antitrust Law
2019 International Scholar in Residence Program Announcement

The Section of Antitrust Law International Scholar in Residence Program (“SAL SIR”) will provide funding of $10,000.00 USD each for up to two scholars to visit the United States to pursue competition policy-related research in the Spring of 2019.  Junior faculty (those who have been engaged in full-time teaching for five years or less) as well as current or recent Ph.D. candidates who have a demonstrated interest in the study of competition policy are invited to apply. 

Applicants chosen as International Scholars in Residence (“SAL Scholars”) will be expected to visit the United States for a period of 8 to 12 weeks, commencing on or after March 1, 2019, and coinciding with the 67th Annual Spring Meeting of the Antitrust Section scheduled for March 27-29, 2019.  During their time in the U.S., SAL Scholars will conduct research, meet and interact with members of the U.S. antitrust community, and attend the annual Spring Meeting in Washington, D.C.  Although arrangements can be tailored to the particular needs of each scholar’s research proposal, SAL Scholars are expected to reside in Washington, D.C. for some of their time in the U.S., so they can have access to federal agency personnel as well as a range of academics, lawyers, and consulting firms.  SAL Scholars can also propose short visits to state enforcement agencies or U.S. academic institutions outside of Washington, D.C., provided the visit will advance their research.  Upon application and with prior ABA approval, additional funding can be made available to support these visits.

Application Process and Contents

Each Applicant must submit an application to the “SAL SIR Selection Committee” that includes the following:

·         A cover letter/statement of interest describing the Applicant’s current position, research interests related to competition policy, and qualifications to serve as a SAL Scholar.

  • A current curriculum vitae. 
  • A specific and significant research proposal (typically 3-5 single-spaced pages) that includes a description of steps already taken in furtherance of the research and an explanation of how the proposal would be significantly advanced through work in residence in the U.S.  Proposals can include work in progress as well as new research projects, although the Selection Committee has deemed evidence of demonstrated progress on the subject of the proposal important, as it increases the likelihood that the visit will be productive.  Applicants must also disclose any other sponsors of the research.
  • Two letters of recommendation from current faculty members familiar with the candidate and her/his work, evaluating the Applicant’s ability to undertake the proposed research, including the Applicant’s proficiency in English.  In the case of a current faculty member or Ph.D. candidate, one of the letters should come from the Dean, Director, or Head of School of the applicant’s home institution or program, indicating: (1) the Applicant’s good standing in the institution; (2) the institution’s willingness to grant the Applicant the necessary leave time; and (3) an intention to support the Applicant’s research as a SAL Scholar, including whether any home institution funds will be provided in support of the visit.  In the case of current or recent Ph.D. candidates, one letter should come from the faculty adviser who is supervising or who supervised the Applicant’s doctoral research.
  •  If applicable, a statement of interest in visiting any academic institutions or enforcement agencies outside of Washington, D.C., such as the offices of a State Attorney General, along with a justification for the specific goals sought to be achieved by the “side visit” and a supportive letter of invitation from a representative of the institution to be visited.
  • A brief description of the particular work product that the Applicant intends to produce as a result of her/his visit, such as an article, book, book chapter, thesis chapter, or report for use by a government or non-government agency focused on competition policy issues.  Successful applicants also will agree that any work product prepared in whole or part with the support of the SAL SIR program will so indicate with the specific language approved by the Section of Antitrust Law.

·         Any other material the Applicant would like the Selection Committee to consider.

In judging the proposals received, the SAL SIR Selection Committee will be guided by the following factors: the strength and specificity of the research proposal, the likelihood that participation in the program will advance the Applicant’s overall research goals, evidence of past scholarly productivity, the letters of recommendation, the mix of research topics selected for support under the program as a whole, and diversity in terms of home institutions, national origin, race, religion, and gender.

Although SAL Scholars will be responsible for making all of their own travel and accommodation arrangements, the Section of Antitrust Law will assist in providing guidance on making arrangements to secure work space to aid in research at a Washington, D.C.-area academic institution.  Successful applicants will be strongly encouraged to apply to the Visiting Researcher Program at Georgetown University Law Center, which provides research space and support to international scholars.  For more information, see https://www.law.georgetown.edu/academics/transnational-programs/

The Section of Antitrust Law will also help to facilitate meetings and interviews with a range of enforcers, academics, and private consultants who can advise SAL Scholars on their specific research topics.

Eligibility Criteria and Personal Responsibilities

As indicated above, to be eligible for consideration, applicants should be current Ph.D. candidates or recent recipients of a Ph.D. or a junior faculty member (engaged in full-time teaching for five years or less), who have a demonstrated interest in the study of competition policy and proficiency in English.  Applicants need not be current members of the American Bar Association or the Section of Antitrust Law.  SAL Scholars shall be responsible for determining their liability, if any, for taxes in their home jurisdiction as well as in the United States.  

Deadline for Applications

The deadline for submitting an application to be considered for appointment as an SAL SIR for the 2018-19 academic year is August 31, 2018.  The SAL SIR Selection Committee hopes to announce its selections by September 15, 2018.  Applications should be submitted to Tiffany Goldston, Program Specialist, American Bar Association, Section of Antitrust Law, preferably via email at tiffany.goldston@americanbar.org, or, if necessary by mail to:

Tiffany Goldston
Program Specialist
Section of Antitrust Law
American Bar Association
321 North Clark Street
Chicago, IL 60654-7598