PLAY RECORDING

Broadcast Date: Thursday, October 28, 2021
from 3:00 pm to 4:30 pm (ET)

Overview:

In the US, the calls to step up enforcement of the antitrust laws have been heating up, as evidenced most prominently by President Biden’s Executive Order on Competition. The broad-reaching order, which contained 72 specific initiatives directed across multiple federal agencies, aims to address some of the most pressing competition issues across the economy. In particular, it encourages the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) to vigorously enforce current competition laws, revisit anticompetitive mergers, revise merger guidelines, and increase scrutiny of future mergers. Responding to this call, the FTC announced its decision to rescind the Vertical Merger Guidelines, and both agencies have signaled their intent to revisit the Horizontal Merger Guidelines and the Vertical Merger Guidelines. Chairwoman Lina Khan has similarly initiated a number of policy changes at the FTC aimed at more aggressive antitrust enforcement.

These recent actions by the Biden Administration underscore the need for businesses in all economic sectors to reassess their practices and potential transactions and ensure that they comply with the new policies going forward. They must also keep abreast with any emerging development in the regulatory paradigm to avoid legal pitfalls.

In this CLE program, a panel of key thought leaders and industry experts will provide the audience with an in-depth analysis of the current and emerging trends and developments in antitrust merger enforcement.

Key issues that will be covered in this course are:

  • Antitrust Law Under the Biden Administration: Overview
  • Current and Emerging Updates in Antitrust Enforcement
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of antitrust laws

 

Course Code:

149329

 

NY Category of CLE Credit:

Areas of Professional Practice

 

NASBA Field of Study:

Finance – Technical

 

Total Credits:

1.5 CLE

 

Speaker Panel:

James Hunsberger, Associate
Axinn, Veltrop & Harkrider LLP

James K. Hunsberger is an antitrust associate in Axinn’s Washington, DC office. James’s practice focuses on the full range of antitrust matters, including mergers, litigation, government investigations, and antitrust counseling. James has represented clients in a broad range of industries, including telecommunications, chemicals, semiconductors, consumer goods, building solutions, and international shipping. In addition to his significant experience before U.S. courts and agencies, James also has experience dealing with regulators in several other global jurisdictions, including Europe and China. James was named to the 2021 list of Best Lawyers “Ones to Watch” for Antitrust Law and selected in 2019-2021 to Super Lawyers “Rising Stars” for Antitrust Litigation.

James L. Moore III, Associate
Axinn, Veltrop & Harkrider LLP

Jimmy Moore is an antitrust associate in Axinn’s Washington, DC office. He represents and advises clients on a variety of antitrust matters, including cartel investigations, civil litigation, and mergers and acquisitions. He has gained experience in a range of industries, including automotive parts, telecommunications, chemicals, pharmaceuticals, and consumer goods. Prior to joining Axinn, Jimmy practiced in the Antitrust department of a global law firm, where he represented major companies in merger reviews and litigation. He was also an intern in the U.S. Department of Justice’s Antitrust Division and an extern with the Federal Trade Commission’s Bureau of Competition.

Avigail Kifer, Senior Manager
Cornerstone Research

Avigail Kifer applies her expertise in industrial organization economics and quantitative marketing to matters involving antitrust and competition, healthcare, merger review, and intellectual property. Dr. Kifer works with attorneys and experts on all phases of the litigation process, including deposition and trial. Her industry experience spans financial markets, high-tech, internet advertising, and life sciences. She has experience conducting statistical analysis of proprietary big data.

Dr. Kifer has consulted on multiple merger investigations, both on behalf of regulatory agencies and of merging parties. Dr. Kifer coauthored comments on the Draft Vertical Merger Guidelines released by the Department of Justice and the Federal Trade Commission in January 2020.

[email protected] has recognized Dr. Kifer as an “up-and-coming” woman professional in the competition space.

Agenda:

Avigail Kifer, Senior Manager

Cornerstone Research

  • Vertical Merger Guidelines
    • Public comments leading up to the June 2020 publication
    • Arguments cited in the FTC’s September 2021 decision to rescind
    • Important considerations when assessing vertical mergers
  • Biden Executive Order, House proposals, and enforcement relating to vertical mergers
    • Increased scrutiny of vertical mergers and acquisitions of “nascent competitors”
    • Type I and Type II errors in merger enforcement
    • Consequences for and effects on competition and innovation

James Hunsberger, Associate

Axinn, Veltrop & Harkrider LLP

AND

James L. Moore III, Associate

Axinn, Veltrop & Harkrider LLP

  • President Biden’s Executive Order on Promoting Competition in the American Economy
  • Potential updates to the DOJ & FTC Merger Guidelines
  • New leadership at the FTC, including policies, practices, and potential rulemaking
  • Recent merger litigations and results

Materials:

Download Course Materials

Who Should Attend:

  • Antitrust Lawyers
  • Corporate Lawyers
  • Mergers and Acquisitions Lawyers and Consultants
  • Business Executives
  • Risk and Compliance Officers

SPEAKERS

James HunsbergerAssociate
Axinn, Veltrop & Harkrider LLP
James L. Moore IIIAssociate
Axinn, Veltrop & Harkrider LLP
Avigail KiferSenior Manager
Cornerstone Research

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