Public Workshops on the 2023 Draft Merger Guidelines

Workshops Information

The Department of Justice and Federal Trade Commission jointly hosted three public workshops to facilitate public dialogue on the 2023 Draft Merger Guidelines. The first workshop took place on September 5 from 1 p.m. to 4:15 p.m eastern time. The half-day virtual workshop featured two panel discussions with former enforcers, academics, economists, and practitioners regarding questions and issues on which public comment will be most useful.

The second public workshop took place on October 5, 2023, from 1:30 p.m. to 4:45 p.m. eastern time and was co-hosted with the MIT Economics Department and the Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School and was live streamed on the FTC’s website.

The third workshop took place on November 3, 2023, from 9 a.m. to 4:00 p.m. central time and was co-hosted with the University of Chicago Law School, Coase-Sandor Institute for Law and Economics. This workshop was held in person at the University of Chicago Law School and also live streamed.

Dates and Attendance

September 5, 2023

1:00 p.m.–4:15 p.m. ET

This workshop was a virtual event and was live streamed.

October 5, 2023

1:30 p.m.–4:45 p.m. ET

Co-hosted with the MIT Economics Department and the Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School.

This workshop was held in person at the Harvard Kennedy School and also live streamed.

November 3, 2023

9:00 a.m.–4:00 p.m. CT

Co-hosted with the University of Chicago Law School, Coase-Sandor Institute for Law and Economics.

This workshop was held in person at the University of Chicago Law School and also live streamed.

Workshop Agendas

Tuesday, September 5, 2023 (all times are eastern)

This workshop was a virtual event and was live streamed.

The following resource is available on the FTC’s event web page:

September 5 Video

1:00–1:15 p.m.	Welcome and Introduction Susan Athey, U.S. Department of Justice, and Aviv Nevo, Federal Trade Commission
1:15–2:35 p.m.	Panel 1: Evolving Approaches to Raising Rivals’ Costs and Vertical Mergers from the 2020 VMG to the Draft Merger Guidelines *Moderator* Dave Lawrence, U.S. Department of Justice *Panelists* Peter Carstensen, University of Wisconsin Law School Amanda Lewis, Cuneo Gilbert & LaDuca, LLP Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP Steven Salop, Georgetown University Law Center Charlotte Slaiman, Public Knowledge
2:35–2:45 p.m.	Break
2:45–4:05 p.m.	Panel 2: Evolving Approaches to Mergers Between Rivals from the 2010 HMG to the Draft Merger Guidelines *Moderator* Susan Athey, U.S. Department of Justice *Panelists* Laura Alexander, Washington Center for Equitable Growth Eric Cramer, Berger Montague PC Eleanor Fox, New York University School of Law Mark Meador, Kressin Meador LLC Nathan Miller, Georgetown University McDonough School of Business
4:05–4:15 p.m.	Closing Remarks

Thursday, October 5, 2023 (all times are eastern)

This workshop was held in person (Cambridge, Mass.) and also live streamed.

The following resource is available on the FTC’s event web page:

October 5 Video

1:30–1:45 p.m.	Welcome and Introduction John Haigh, Co-Director, Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School David Lawrence, U.S. Department of Justice
1:45–3:00 p.m.	Panel 1: Evidentiary and Analytical Tools for Assessing Competition *Moderator* Aviv Nevo, Federal Trade Commission *Panelists* Leemore Dafny, Harvard Business School Martin Gaynor, Carnegie Mellon University Louis Kaplow, Harvard Law School Dominic Vote, WilmerHale LLP
3:00–3:15 p.m.	Break
3:15–4:30 p.m.	Panel 2: Competition for, on, and to Displace Platforms and Entrenchment *Moderator* Susan Athey, U.S. Department of Justice *Panelists* Daniel Francis, New York University School of Law Elinor Hoffmann, New York Attorney General, Antitrust Bureau Kristen Limarzi, Gibson, Dunn & Crutcher LLP Marc Rysman, Boston University
4:30–4:45 p.m.	Concluding Remarks/Discussion Kenneth Merber, Federal Trade Commission

Friday, November 3, 2023 (all times are central)

This workshop was held in person (Chicago, Illinois) and also live streamed.

The following resource is available on the University of Chicago Law School website:

November 3 Video

9:00–9:05 a.m.	Welcome Thomas J. Miles, Dean and Clifton R. Musser Professor of Law and Economics, The University of Chicago Law School
9:05–9:30 a.m.	Opening Remarks Susan Athey, U.S. Department of Justice
9:30–10:45 a.m.	Panel 1: Rebuttals *Moderator* Andrew Forman, U.S. Department of Justice *Panelists* David A. Ettinger, Honigman LLP Diana Moss, Progressive Policy Institute William Rogerson, Northwestern University Margaret Slade, Vancouver School of Economics at the University of British Columbia Jennifer E. Sturiale, Delaware Law School
10:45–11:00 a.m.	Break
11:00 a.m.–12:15 p.m.	Panel 2: Labor Competition *Moderator* Ioana Marinescu, U.S. Department of Justice *Panelists* Kyle Herkenhoff, University of Minnesota Beatriz Marques, Antitrust Bureau, Office of the New York State Attorney General Justin McCrary, Columbia Law School Eric A. Posner, The University of Chicago Law School Elena Prager, The University of Rochester Simon Business School
12:15–1:30 p.m.	Lunch Break
1:30–1:45 p.m.	Afternoon Remarks Principal Deputy Assistant Attorney General Doha Mekki, U.S. Department of Justice
1:45–3:00 p.m.	Panel 3: Dynamics of Competition *Moderator* Aviv Nevo, Federal Trade Commission *Panelists* Rebecca Haw Allensworth, Vanderbilt University Law School Gwendolyn J. Lindsay Cooley, Wisconsin Department of Justice Joseph Farrell, University of California, Berkeley Chad Syverson, The University of Chicago Booth School of Business Thomas Wollmann, The University of Chicago Booth School of Business
3:00–3:15 p.m.	Break
3:15–4:00 p.m.	Closing Remarks Aviv Nevo, Federal Trade Commission

Public Comment Submissions

The Justice Department’s Antitrust Division and the FTC are currently reviewing comments from the public on the Draft Guidelines, submitted online during the comment period that ended on September 18.

Updated December 13, 2023