U.S. Department
of Justice
Spring 2023 Enforcers Summit
The event was live streamed from 9 a.m. through 2 p.m.
Washington, DC
United States
Event Details
Summit Information
On March 27, 2023, the Justice Department’s Antitrust Division and Federal Trade Commission cohosted a Spring Enforcer’s Summit at the U.S. Department of Justice, located at 950 Pennsylvania Avenue, NW, Washington, DC 20530. Assistant Attorney General Jonathan Kanter and FTC Chair Lina M. Khan, as well as senior staff from both agencies, facilitated discussions on modernizing merger guidelines and interagency collaboration.
Panel discussions were live streamed for the public. In-person attendance was by invitation only.
Press Release: Justice Department and Federal Trade Commission to Hold Annual Spring Enforcers Summit (March 17, 2023)
Date and Virtual Location
|
March 27, 2023 |
The event was live streamed from 9 a.m. through 2 p.m. |
Agenda
Agenda PDF| *9:00 a.m. |
Welcome Address |
| *9:05 a.m.–10:30 a.m. |
Interviews of AAG Kanter and Chair Khan |
| 10:30 a.m.–10:45 a.m. |
Break |
| *10:45 a.m.–12:00 p.m. |
Panel: Challenges in Merger Review This discussion addressed challenges in merger review, including: (1) establishing illegality in emerging markets; (2) successful examples of using direct evidence, rather than indirect evidence, to establish markets and theories of harm; (3) examples of theories of harm for the merger of complementary products, such as the entrenchment of market power and portfolio effects; and (4) examples of theories based on the merging parties’ use of data, including privacy, information exploitation, or information sharing. Moderator Doha Mekki (US DOJ) Panelists Sarah Cardell (UK CMA) Gwendolyn Cooley (WI AG) John Newman (US FTC) Doris Tshepe (South Africa Competition Commission) |
| 12:00 p.m.–1:00 p.m. |
Lunch Break |
| *1:00 p.m.–2:00 p.m. |
Panel: Challenges in Monopolization Cases This discussion sought to identify fact patterns that might not fit current doctrinal theories. Are there particular business strategies harmful to competition that do not fit into the foreclosure and exclusion frameworks, such as an “open-first, closed later” strategy of increasing market share, or the swift integration and rapid scaling of an acquired product to quickly establish a strong foothold?
Moderator Rahul Rao (US FTC) Panelists Paula Blizzard (CA AG) Hetal Doshi (US DOJ) Olivier Guersent (EC) Ki Jeong Han (KFTC) |
| 2:00 p.m.–2:15 p.m. |
Break |
| 2:15 p.m.–3:30 p.m. |
Coffee Talk—Merger Review, Monopolization, Remedies, and Rollup Strategies A rapporteur appointed for each table walked through a series of questions and shared responses with the Coffee Talk Session Chair Karina Lubell (US DOJ). |
| 3:30 p.m.–3:45 p.m. |
Break |
| 3:45 p.m.–4:00 p.m. |
Remarks on Procurement Collusion by Manish Kumar (US DOJ) |
| 4:00 p.m.–4:15 p.m. |
Remarks on Unfair Practices by Shaoul Sussman (US FTC) |
| 4:15 p.m.–5:15 p.m. |
Coffee Talk –Procurement Collusion, Unfair Methods of Competition, and a Continuing Dialogue on Merger Review and Monopolization A rapporteur appointed for each table walked through a series of questions and shared responses with the Coffee Talk Session Chair Patty Brink. |
| 5:15 p.m.–5:30 p.m. |
Concluding Remarks |
Welcome and Interviews* Denotes session that was made public with live streaming.