Corporate Counsel Section

8:30 a.m. – 8:45 a.m.

Welcome and Introduction

Speaker

Mary K. Marks, Esq. | Davis Polk & Wardwell, LLP New York, NY

8:45 a.m. – 10:00 a.m.

Annual Review of Hot Topics and Developments

This year’s annual antitrust developments panel will look back at the key antitrust litigations and investigations of 2022, and will also look forward to anticipated developments in the new year.

Speaker

Renata B. Hesse, Esq. | Sullivan & Cromwell LLP; Washington, DC

Noah Joshua Phillips, Esq. | Cravath, Swaine & Moore LLP; Washington, DC

Moderator

Elai Katz, Esq. | Cahill Gordon & Reindel LLP; New York, NY

10:00 a.m. – 10:15 a.m.

Comments on Conduct in Emerging Technologies

Speaker

Hetal J. Doshi, Esq. | Deputy Assistant Attorney General, Antitrust Division, US Department of Justice; Washington, DC

10:15 a.m. – 10:25 a.m.

Break

10:25 a.m. – 11:20 a.m.

The Supreme Court in 2022

Antitrust has hit the mainstream, with the political branches and the public writ large keenly interested in its application. To what extent will the Supreme Court pick up the mantle? How, if at all, will the Court’s 6-3 conservative supermajority impact antitrust jurisprudence? A panel of experts will forecast what to expect from the Court on antitrust issues in the coming years.

Speaker

Keira M. Campbell, Esq. | Chief Antitrust Counsel, American Express; New York, NY

Eric Citron, Esq. | Goldstein & Russell, P.C.; Bethesda, MD

Jeffrey Kessler, Esq. | Winston & Strawn LLP; New York, NY

Robin van der Meulen, Esq. | DiCello Levitt; New York, NY

Moderator

Benjamin Sirota, Esq. | Kobre & Kim LLP; New York, NY

11:20 a.m. – 12:15 p.m.

Recent Developments and Anticipated Trends in No Poach Litigation

An update on no-poach investigations and litigation, including a discussion on recent DOJ prosecutions and the recent class and summary judgment decisions in private litigation involving supplier and franchise no-poach cases. This panel would consider the vertical and horizontal implications of no-poach agreements—including, for example, how the market for labor should be defined, which standard of examination (per se, quick look, or rule of reason) should be applied, and the role of ancillarity in analyzing the alleged conduct.

Speaker

Andre Geverola, Esq. | Arnold & Porter Kaye Scholer LLP Chicago, Il and Washington, DC

Eric Posner, Esq | University of Chicago Law School; Chicago, IL

Daniel Walker, Esq. | Berger Montague; Washington, DC

Moderator

Margaret Rogers, Esq. | Arnold & Porter; New York, NY

12:15 p.m. – 1:30 p.m.

Corporate Counsel Business Meeting & Luncheon

Lincoln | Fourth Floor

1:30 p.m. – 1:45 p.m.

Break

1:45 p.m. – 2:40 p.m.

Merger Enforcement Changes in 2022 under the Biden Administration

The panel will cover how, if at all, U.S. antitrust agencies have changed their approaches to remedies and willingness to litigate in merger investigations, pursued arguably new theories of harm, adopted new policies such as close-at-your-own-risk letters and announcing a focus on PE deals, and how these changes have or have not affected businesses considering mergers.

Speaker

Matthew J. Reilly, Esq | Kirkland & Ellis LLP; Washington, DC

Joanna Tsai, Esq | Charles River Associates; Washington, DC

Joshua Tzuker, Esq. | Chief of Staff & Senior Counsel Antitrust Division, US Department of Justice Washington, DC

Moderator

Katherine A. Rocco, Esq. | Latham & Watkins LLP New York, NY

2:40 p.m. – 2:50 p.m.

Break

2:50 p.m. – 3:45 p.m.

Antitrust Crimes & Corporate Compliance and Accountability

Deputy Attorney General Lisa Monaco recently gave a speech in New York about prosecuting white collar crime with a heavy emphasis on self-reporting of corporate misconduct. What does this mean for antitrust crimes and what are the implications of this new DOJ policy announcement on corporate compliance programs tailored to antitrust crimes? The panel will also address (1) the 2022 revisions to the Antitrust Division’s Leniency Program for certain antitrust crimes and highlight what corporate counsel need to know about the revisions and (2) the DOJ’s re-invigorated criminal enforcement of monopolization in violation Section 2 of the Sherman Act. In discussing these recent updates, panelists will touch on cooperation obligations, pros and cons of cooperating in a criminal investigation, and dawn raids/search warrants and other tools available to the DOJ in investigating antitrust and related crimes.

Speaker

Emma Burnham, Esq. | Acting Director of Criminal Enfocement Antitrust Division, US Department of Justice Washington, DC

Peter D. Bernstein, Esq. | Sr. Managing Counsel, Competition Law, Mastercard New York, NY

Martin d’Halluin, Esq | Deputy General Counsel, News Corp New York, NY

Catherine Stillman, Esq. | Baker & McKenzie New York, NY

Moderator

Eyitayo “Tee” St. Matthew-Daniel | Paul, Weiss, Riftkind, Wharton & Garrison LLP New York, NY

3:45 p.m. – 3:55 p.m.

Break

3:55 p.m. – 4:50 p.m.

Food, Equity and Competition: Unpacking Antitrust Issues in the Food Industry

This panel will examine how consolidation in America’s food markets has impacted issues of race, income and gender equality. The panel will explore competition issues raised in ongoing high profile antitrust litigations involving the seed, chicken, milk and retail grocery markets as well as mergers and supply chain issues affecting the industry. The panel will be moderated by Antitrust Section Membership Chair, William Reiss, and will include speakers from the government and academia as well as members of the plaintiff and defense bar.

Speaker

Christopher J. Abbott, Esq. | Jenner & Block; Washington, DC

Ted Davis | Analysis Group; Boston, MA

Eleanor M. Fox, Esq. | Walter J. Derenberg Professor of Trade Regulation Emerita, NYU; New York, NY

J. Chandra Mazumdar, Esq. | Special Counsel for Agriculture, Transportation, Energy & Agriculture Section Antitrust Division, US Department of Justice; Washington, DC

Moderator

William V. Reiss, Esq | Robins Kaplan, LLP New York, NY

4:50 p.m. – 5:00 p.m.

Concluding Remarks

Speaker

Mary K. Marks, Esq. | Chair-Elect, Antitrust Section Davis Polk & Wardwell, LLP; New York, NY