Antitrust Law Section

Event Overview

Tuesday, January 16, 2024

8:45 AM – 5:00 PM – CLE Program

5:00 PM – 6:00 PM – Young Lawyers’ Networking Happy Hour

6:00 PM – 10:00 PM – Antitrust Law Section Annual Evening Dinner — The University Club of New York, One West 54th Street (Click here for club rules and dress code)

Antitrust law continues to make headlines, and many consumers are appreciating for the first time the impact these laws have on their daily lives. Regulators are vigorously expanding their enforcement efforts: they have filed multiple cases involving big tech, some of which are moving forward to trial; FTC and DOJ have issued new draft merger guidelines lowering the threshold for potential enforcement; and lawmakers continue to wrestle with potential amendments to antitrust laws and rules. The recognized thought leaders of the Antitrust Law Section will help practitioners analyze and navigate these new antitrust waters at the Annual Meeting. The program will comprise a full day of CLE panels with market-leading faculty discussing these critical antitrust issues and more.

Highlights and Objectives:

Learn about significant antitrust developments over the last year.
Hear diverse views on how antitrust law is evolving.

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 2023 and will also look forward to anticipated developments in the new year.

New Merger Guidelines and HSR Form: New Era in Antitrust Enforcement?

A Survey of Big Tech Enforcement, From Consolidation to Monopolization
Building off the FTC’s Facebook (now Meta) monopolization case and the FTC’s subsequent merger challenges of Meta/Within, Microsoft/Activision Blizzard and Black Knight/ICE, this panel will (a) compare and contrast agency efforts to tackle monopolization with those aimed at consolidation, (b) map the resulting challenges to the changes proposed in the draft merger guidelines, (c) explore how cross-jurisdictional merger review is impacting agency decision-making, and (d) stress test agencies’ willingness to engage in settlement discussions.

The Evolution of International Cartel Enforcement Coordination
Cartel practitioners and antitrust enforcers in Canada, the US, and the European Commission will discuss developments in international coordination in cartel enforcement. Topics will include how coordination has impacted ex officio investigations, dawn raids, and leniency programs. Practitioners will also provide practical guidance in responding to cross-border investigations that implicate witness interviews, blocking statutes, and data privacy laws.

Sustainability and Antitrust: Unchartered Waves
The panel will examine the recent growth of sustainability initiatives and the intersection of this growth with antitrust law. We will discuss private actor commitments to fight climate change, agency guidance on companies coordinating ESG goals, and joint ventures, mergers and acquisitions in renewable energy. The program will analyze the balance between fighting climate change and the impact on competition.

Are Algorithms the New Smoke-Filled Rooms?
An examination of current civil and criminal litigation and enforcement trends against the backdrop of prior precedent with predictions for what we expect to see in the coming years.

Antitrust Law Section Chair:
Mary K. Marks, Esq., Davis Polk & Wardwell, LLP, New York, NY

Program Chair:
Robin A. van der Meulen, DiCello Levitt LLP, New York, NY

Start your Annual Meeting registration

General Registration Fee

Required for in-person attendees.


NYSBA Members	$220
Non-members	$305

+plus…

$160 Program Registration Fee

Start your Annual Meeting registration

Tuesday, January 16, 2024

7.0 MCLE Credits

7.0 Areas of Professional Practice

This program is transitional and is suitable for all attorneys including those
newly admitted.

8:45 a.m. – 9:00 a.m.

Welcome and Introduction

Mary K. Marks, Esq. | Davis Polk & Wardwell, LLP New York, NY
Robin A. van der Meulen, Esq. | DiCello Levitt LLP New York, NY

9:00 a.m. – 10:15 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 2023, and will also look forward to anticipated developments in the new year.

Speaker

Professor Harry First | New York University School of Law (Emeritus), New york

Professor D. Daniel Sokol | USC Gould School of Law and Marshall School of Business Los Angeles, CA

Moderator

Elai Katz, Esq. | McDermott Will & Emery LLP New York, NY

1.5 Credits in Areas of Professional Practice

10:15 a.m. – 10:25 a.m.

Break

10:25 a.m. – 11:20 a.m.

Sustainability and Antitrust: Unchartered Waves

The panel will examine the recent growth of sustainability initiatives and the intersection of this growth with antitrust law. We will discuss private actor commitments to fight climate change, agency guidance on companies coordinating ESG goals, and joint ventures, mergers and acquisitions in renewable energy. The program will analyze the balance between fighting climate change and the impact on competition.

Speaker

Amy McFarlane, Esq. | Deputy Bureau Chief, Antitrust Bureau Office of the New York State Attorney General New York, NY

Fiona A. Schaeffer, Esq. | Milbank, LLP New York, NY

Nathan Soderstrom, Esq. | Acting Deputy Director, Bureau of Competition Federal Trade Commission New York, NY

Moderator

Lauren Rackow, Esq. | Cahill Gordon & Reindel LLP New York, NY

1.0 Credit in Areas of Professional Practice

11:20 a.m. – 12:15 p.m.

A Survey of Big Tech Enforcement, From Consolidation to Monopolization

Building off the FTC’s Facebook (now Meta) monopolization case and the FTC’s subsequent merger challenges of Meta/Within, Microsoft/Activision Blizzard and Black Knight/ICE, this panel will (a) compare and contrast agency efforts to tackle monopolization with those aimed at consolidation, (b) map the resulting challenges to the changes proposed in the draft merger guidelines, (c) explore how cross-jurisdictional merger review is impacting agency decision-making, and (d) stress test agencies’ willingness to engage in settlement discussions.

Speaker

Rachel Brandenburger | Global Senior Advisor APCO Worldwide New York, NY

Lawrence Buterman, Esq. | Latham & Watkins, LLP New York, NY

Anne Catherine Faye | Vice President, Analysis Group, Inc. Boston, MA

Shaoul Sussman, Esq. | Associate Director for Litigation Bureau of Competition, Federal Trade Commission New York, NY

Moderator

Beatriz Marques, Esq. | Assistant Attorney General, Antitrust Bureau Office of the New York State Attorney General New York, NY

1.0 Credit in Areas of Professional Practice

12:15 p.m.

Antitrust Law Section Business Meeting

Mary K. Marks. Esq.
Robin A. van der Meulen, Esq.

12:30 p.m. – 1:30 p.m.

Lunch On Your Own

1:30 p.m. – 2:45 p.m.

The Evolution of International Cartel Enforcement Coordination

Cartel practitioners and antitrust enforcers in Canada, the US, and the Mexican Commission will discuss developments in international coordination in cartel enforcement. Topics will include how coordination has impacted ex officio investigations, dawn raids, and leniency programs. Practitioners will also provide practical guidance in responding to cross-border investigations that implicate witness interviews, blocking statutes, and data privacy laws.

Speaker

Manish Kumar, Esq. | Deputy Assistant Attorney General U.S. Department of Justice, Antitrust Division Washington, D.C.

Michael R. Rickman, Esq. | President, Bear Lake Consulting & Creative Svs LLC VP, Compliance & Ethics (Retired) The Goodyear Tire & Rubber Company Akron, OH

Pierre-Yves Guay | Deputy Commissioner of the Cartels Directorate Canadian Competition Bureau Canada

Victor Meyer | General Director of Investigations of Absolute Monopolistic Practices COFECE Mexico

Moderator

Jeffrey Martino, Esq. | Baker & McKenzie LLP New York, NY

1.5 Credits in Areas of Professional Practice

2:45 p.m. – 2:50 p.m.

Break

2:50 p.m. – 3:45 p.m.

New Merger Guidelines and HSR Form: New Era in Antitrust Enforcement?

Speaker

David B. Lawrence, Esq. | Policy Director U.S. Department of Justice, Antitrust Division Washington, D.C.

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

Dr. Subramaniam Ramanarayanan | NERA Economic Consulting New York, NY

Michael L. Weiner, Esq. | Steptoe LLP New York, NY

Moderator

William H. Rooney, Esq | Willkie Farr & Gallagher LLP New York, NY

1.0 Credit in Areas of Professional Practice

3:45 p.m. – 3:55 p.m.

Break

3:55 p.m. – 4:55 p.m.

Are Algorithms the New Smoke-Filled Rooms?

An examination of current civil and criminal litigation and enforcement trends against the backdrop of prior precedent with predictions for what we expect to see in the coming years.