Investigations have been launched into whether Big Tech firms are violating antitrust laws, and Congress has initiated a bipartisan investigation into competition in digital markets. The panel will examine the range of outcomes that could result from the Big Tech investigations, drawing comparisons to past investigations of companies that were thought to be Too Big to Break Up.
Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions?
This exciting, challenging, and humorous game show will examine the application of the Model Rules of Professional Responsibility to ethical questions confronting antitrust and consumer protection lawyers, and will address issues such as conflicts of interest, informed consent, multiple representation, joint defense agreements, preservation of client confidences, and others.
This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Big Data?
Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store.
You won’t want to miss this annual session where you will hear directly from the Federal Trade Commission Directors of the Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics about the latest in antitrust and consumer protection enforcement and policy initiatives.
Antitrust litigation requires litigants to present and courts to engage in fact-specific analysis of the potential benefits and harms of complex business practices. Typically, antitrust courts also must evaluate conflicting economic testimony. The judges on the panel will provide their perspective on how the courts apply the antitrust laws and what advocates can do to more effectively present fact and economic testimony in complex antitrust cases.