Antitrust Merger Enforcement: Updates & What’s Ahead in the 2017 Landscape
As merger activity continues to accelerate across a wide range of industries, global antitrust and competition law enforcement has become increasingly aggressive, especially with many M&As being international in character. In the U.S., the Federal Trade Commission and the Antitrust Division of the Department of Justice have been active in seeking to enjoin mergers in concentrated markets. The European Commission similarly has been energetically challenging major deals, in concert with other jurisdictions with competition enforcement policies.
In this LIVE Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will analyze recent trends and developments, including possible reforms to the EU merger control regime and possible changes in U.S. enforcement policy under the Trump administration.
Key topics include:
- U.S. Enforcement Trends and Developments
- EU Enforcement Trends and Developments
- Standards for Merger Review
- SMARTER Act: Reconciling Criteria for Merger Challenges
- Hart Scott Rodino: Civil Penalties and Recent Enforcement
- Increased Scrutiny Over International Deals
- Antitrust Policy Under Trump Administration
Howard Morse, Partner
Jon Dubrow, Partner
McDermott Will & Emery LLP
- What to expect from Trump Administration appointees at the FTC (Howard)
- What to expect from Trump Administration appointees at the DOJ (Jon)
- Current U.S. agency practice on remedies, buyer up-front, and related issues (Jon)
- Increased agency focus and judicial acceptance of price discrimination markets (Jon)
- Current U.S. agency practice and impacts on transaction timing, cost (Howard)
- Pharmaceutical industry mergers remain a target for enforcement, future of potential competition/innovation markets (Howard)
- Pending mergers to watch during 2017 (Jon, including AT&T / Time Warner)
- “Scorecard” in recent U.S. merger litigation (Jon)
- Learning from DOJ’s challenges to the Anthem-Cigna and Aetna-Humana health insurance mergers (Jon)
- Lessons from recent appellate court decisions, FTC v. Penn State Hershey Medical Center and FTC v. Advocate Health Care Network, including judicial / agency treatment of efficiencies (Howard)
- “Litigating the fix” as applied in recent cases (Ardagh; Sysco; Staples; Halliburton; Aetna) (Howard)
- SMARTER Act (Howard)
Andreas Reindl, Counsel
Van Bael & Bellis
- EU Perspective
- Innovation concerns in merger review
- Big data and mergers
- Mergers in the telecommunications industry
- The ongoing debate about reforms of the EU merger control regime (minority shareholdings, notification thresholds)
Dov Rothman, Vice President
Analysis Group, Inc.
- Upstream and downstream effects in merger analysis
- Merger-specificity of claimed efficiencies and/or synergies
- Geographic market definition in provider mergers
Who Should Attend:
- Company Business Development Executives
- M&A Lawyers
- M&A Professionals
- Legal Advisers
- Economy Watchers
- Investment Advisors
Howard Morse is a Washington, DC-based partner in Cooley's Antitrust & Competition practice group. He represents businesses before the Department of Justice, Federal Trade Commission, and state attorneys general in investigations of mergers, acquisitions and joint ventures, as well as alleged monopolization, restraint of trade and unfair and deceptive practices. Howard has been at the forefront of applying antitrust law to the high-tech sector and the intersection of antitrust and intellectual property law, and regularly represents clients in technology, life sciences and other high-tech industries.
Before joining Cooley, Howard served for 10 years at the FTC, where he was Assistant Director of the Bureau of Competition and responsible for more than 50 enforcement actions. In the private sector, Howard has recently represented Rovi in its $1.1 billion acquisition of Tivo, combining two media and entertainment innovators, and Zeltiq in its $2.5 billion sale to Allergan, combining leaders in medical aesthetics.
Howard Morse is a Washington, DC-based partner in Cooley's Antitrust & Competition practice group. He represents businesses before the Department of …
Jon Dubrow is a partner in McDermott Will & Emery’s Antitrust & Competition Group and leads the Mergers Focus Group for the practice. Jon assists clients across a host of inter-related antitrust issues, including M&A transactions and merger clearance, counseling and litigation. Jon leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and foreign competition authorities. Jon has handled hundreds of merger reviews before the agencies. He also regularly assists third parties whose interests are adversely affected by proposed transactions. Jon is recognized by Chambers & Co., Legal 500 and other ratings organizations.
McDermott’s Antitrust & Competition Practice Group has broad experience in all aspects of antitrust and competition law, and it is recognized as one of the leading antitrust/competition practices in the world. The Group’s 65+ lawyers have a sophisticated practice that encompasses U.S. antitrust law, EC competition law and the competition laws of other countries throughout the world.
Jon Dubrow is a partner in McDermott Will & Emery’s Antitrust & Competition Group and leads the Mergers Focus Group …
Andreas Reindl is counsel in the Brussels office.
Andreas’ practice focuses on European competition law. In particular, he has significant experience advising clients in the energy, transport, pharmaceutical, high-tech and other sectors on the full range of EU competition law issues.
He has worked on high profile merger investigations initiated by the European Commission and national competition authorities, including the German Federal Cartel Office (Bundeskartellamt).
Andreas has represented several clients in abuse of dominance investigations. He also advises companies holding a dominant market position on how to avoid abusive behaviour (such as through pricing and rebate policies).
Andreas has broad experience advising clients on online distribution, licensing, and other collaboration agreements. He also prepares compliance programmes and assists companies with their implementation.
Andreas previously served as Director of the Fordham Competition Law Institute at Fordham Law School, New York, and as a Principal Administrator at the OECD's Competition Division. Prior to joining the OECD, Andreas worked for several years for a major international law firm in Brussels and Washington, DC.
Andreas has held many teaching posts. He has taught U.S. antitrust law, European competition law, intellectual property law and EU law at the University of Michigan Law School, and at Fordham Law School, New York, as well as in Europe.
Andreas speaks German, English, Swedish, and French.
Andreas Reindl is counsel in the Brussels office. Andreas’ practice focuses on European competition law. In particular, he has significant …
Dov Rothman, Vice President; Ph.D., business administration, Haas School of Business, University of California, Berkeley; M.Phil., development studies, Cambridge University; B.A., political science, University of California, Berkeley
Dr. Rothman is an economist with expertise in antitrust economics, econometrics, industrial organization, and statistics. He has applied this expertise to evaluations of market structures and competition, class certification, and mergers, as well as the estimation of overcharges, pass-through, lost profits, and damages. While at Analysis Group, he has worked on a series of high-profile antitrust matters involving automobiles, chemicals, computer hardware, consumer electronics, health services, pharmaceuticals, private equity, and residential mortgages. Dr. Rothman has testified as an expert on antitrust issues, and has published research in outlets including the Journal of Health Economics, the Journal of Competition Law & Economics, Concurrences: Competition Law Journal, and the ABA Antitrust Section’s Econometrics: Legal, Practical and Technical Issues. Dr. Rothman teaches a course on the economics of merger analysis in the economics department at Harvard University, and is an assistant editor of the Antitrust Law Journal. Prior to joining Analysis Group, Dr. Rothman was an assistant professor at Columbia University.
Dov Rothman, Vice President; Ph.D., business administration, Haas School of Business, University of California, Berkeley; M.Phil., development studies, Cambridge University; B.A., …
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Method of Presentation:
Experience in antitrust laws
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Cooley LLP
Cooley’s attorneys solve legal issues for entrepreneurs, investors, financial institutions and established companies. Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has 900 lawyers across 12 offices in the United States, China and Europe. Cooley's antitrust & competition team is recognized as one of the top-tier practices in the area of antitrust by Legal 500, Chambers USA and Global Competition Review. We handle all aspects of antitrust and competition law matters – including counseling, litigation, agency representation and arbitration services – for Fortune 500 corporations, as well as growing companies.
About McDermott Will & Emery LLP
McDermott Will & Emery is a leading international firm with a diversified business practice. Currently numbering more than 1,000 lawyers, we have 19 offices worldwide and a strategic alliance with MWE China Law Offices in Shanghai. Our Firm has more than 80 years of experience serving a broad range of client interests. McDermott’s competition group is highly rated in Chambers, Global Competition Review, Legal 500 and U.S. News.
About Van Bael & Bellis
Van Bael & Bellis is a leading independent law firm based in Brussels.
Established in 1986, we house a multinational team of lawyers who provide advice of the highest quality to clients ranging from multinational corporations and government bodies to international trade associations and global law firms.
Since our inception, we have developed a reputation as one of the most skilful teams of lawyers in our areas of practice.
We are one of the few international firms with a second office in Geneva exclusively dedicated to WTO matters.
With nearly 70 lawyers from 20 different countries, we provide clients with a highly effective team of skilled and pro-active professionals who understand the subtleties of working within multiple jurisdictions and different cultural environments.
At Van Bael & Bellis, we are well known for our client-centred approach and our focused expertise in EU and national competition law, EU trade and customs law, regulatory law as well as Belgian business law.
About Analysis Group, Inc.
Analysis Group is one of the largest private economics consulting firms in North America, with more than 700 professionals across 11 offices in the United States, Canada, and China. Since 1981, Analysis Group has provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 500 companies, and government agencies. The firm’s internal experts, together with its network of affiliated experts from academia, industry, and government, offer its clients exceptional depth of expertise.