Lawyers, economists, and regulators have continued to weigh in on the extent to which institutional investors’ holdings of minority interests in multiple competitors raise competition issues. Our panelists will discuss whether (and if so, when) such holdings actually raise potential antitrust issues and whether any such issues can be addressed by existing law.
Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm.
Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission.
It has been said that conflicting expert testimony merely “cancels” each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of “honest broker” and “advocacy” is the right one? Is the expert a “narrator” of facts or a hammer for ultimate issues?
New business models centered on evolving/expanding platforms raise critical questions about inter- and intrafirm relationships. How should regulators and competitors view these firms? Are they necessary ecosystem providers or threats to competitors’ future growth and relevance? Is vertical digital platform integration welfare-enhancing or a means of restricting competition?
During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs.
Antitrust and consumer protection policy, enforcement, and litigation change every day with vital issues constantly surfacing. Take a quick look at how the past year has set the stage for the news of today and trends of tomorrow.
No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion.
Antitrust litigation often features a low number of diverse attorneys with speaking roles in courts, as recent articles show. This panel will discuss the challenges and opportunities these groups, women in particular, face in litigation. Hear from a presiding judge, experienced litigators, and in-house counsel to learn how to navigate these issues and help grow the next generation of trial lawyers.
Please join us for an in-depth conversation with leading competition authorities about their enforcement priorities and the transactions, investigations, and cases that are making headlines this year. The Enforcers Roundtable is always a highlight of the Spring Meeting. Don’t miss it!