Brief

Summary:

The Federal Trade Commission (FTC) and Justice Department (DOJ) are co-hosting a virtual workshop to discuss the 2023 Draft Merger Guidelines, aimed at reflecting how the agencies determine a merger's effect on competition in the modern economy. The workshop features two panel discussions with experts from academia, economics, and law firms, focusing on evolving approaches to raising rivals' costs, vertical mergers, and mergers between rivals. The event will include welcome and introduction remarks, followed by two panels and closing remarks. The workshop will be livestreamed on the FTC's website, and the public is encouraged to submit comments on the draft guidelines by September 18, 2023, to help evaluate and update the guidelines before their finalization.

Event Description

The Federal Trade Commission and Justice Department are co-hosting a workshop to facilitate public dialogue on the 2023 Draft Merger Guidelines the agencies announced in July.

The workshop is aimed at promoting a dynamic discussion about the draft guidelines to complement the comments currently being submitted to the agencies by the public. The goal of the merger guidelines update is to better reflect how the agencies determine a merger’s effect on competition in the modern economy and evaluate proposed mergers under the law.

The virtual workshop will feature two panel discussions with former enforcers, academics, economists, and practitioners regarding questions and issues on which public comment will be most useful.

The workshop will take place from 1 p.m. to 4:15 p.m. ET and will be livestreamed on the FTC’s website.

The FTC and DOJ continue to encourage comments from the public on the draft guidelines, which may be submitted online through September 18, 2023. The agencies will use the public comments to evaluate and update the draft before finalizing the guidelines

  • Agenda

    1:00 pm

    Welcome and Introduction

    Aviv Nevo, Director of the FTC’s Bureau of Economics, and Susan Athey, Chief Economist, DOJ Antitrust Division, provide opening remarks.

    1:15 pm

    Panel 1: Evolving Approaches to Raising Rivals’ Costs and Vertical Mergers from the 2020 VMG to the Draft Merger Guidelines

    Moderator:

    David Lawrence, Policy Director DOJ Antitrust Division

    Panelists:

    • Barry Nigro, Fried Frank, Chair, Global Antitrust and Competition Department
    • Peter Carstensen, Fred W. & Vi Miller Chair in Law Emeritus at University of Wisconsin Law School
    • Charlotte Slaiman, Competition Policy Director, Public Knowledge,
    • Amanda Lewis, Partner, Cuneo Gilbert & LaDuca
    • Steven Salop, Professor of Economics and Law, Georgetown University Law Center
    2:45 pm

    Panel 2: Evolving Approaches to Mergers Between Rivals from the 2010 HMG to the Draft Merger Guidelines

    Moderator:

    Susan Athey, Chief Economist DOJ Antitrust Division

    Panelists:

    • Nathan Miller, Professor, Georgetown University McDonough School of Business and Department of Economics
    • Laura Alexander, Director of Markets and Competition Policy, Washington Center for Equitable Growth
    • Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation Emerita, New York University School of Law
    • Mark Meador, Partner, Kressin Meador LLC
    • Eric Cramer, Chairman, Antitrust Department Co-Chair, Berger Montague
    4:15 pm

    Closing

Highlights content goes here...

Summary:

The Federal Trade Commission (FTC) and Justice Department (DOJ) are co-hosting a virtual workshop to discuss the 2023 Draft Merger Guidelines, which aim to update the guidance on evaluating the impact of mergers on competition in the modern economy. The workshop, scheduled for September 18, 2023, from 1 p.m. to 4:15 p.m. ET, will feature two panel discussions with experts from academia, economics, and law, focusing on specific topics and issues related to the draft guidelines.

The first panel discussion, moderated by David Lawrence, will explore evolving approaches to raising rivals’ costs and vertical mergers, from the 2020 Vertical Merger Guidelines (VMG) to the draft guidelines. Panelists will discuss the implications of these approaches for competition and antitrust enforcement. The second panel, moderated by Susan Athey, will examine evolving approaches to mergers between rivals, from the 2010 Horizontal Merger Guidelines (HMG) to the draft guidelines. This discussion will also focus on the impact of these approaches on competition and antitrust enforcement.

The workshop will be livestreamed on the FTC’s website, and public comments on the draft guidelines can be submitted online until September 18, 2023. The agencies will use the public comments to evaluate and update the draft before finalizing the guidelines.

Federal Trade Commission

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