Antitrust in Developing and Emerging Economies
October 25, 26, 27, 2022
NYU Law School and the international antitrust journal Concurrences will present the ninth annual program on developing countries and competition law (antitrust). This edition, New Challenges in Public Interest, Big Tech, and Regionalism, will be virtual, on three successive mornings - October 25, 26 and 27, 2022. The program, as always for the past nine years, explores what developing countries need in terms of competition law and policy; how the law can be tailored to their needs and interests in advancing competition and development for the benefit of their peoples. The opening panel features a keynote speaker followed by a session on the public interest: What public interests do developing countries incorporate into their law, how do they do it, and how do they coordinate market goals and non-market goals such as food security, inclusiveness, workers' rights, and sustainability. The second panel focuses on Big Tech and Developing Countries: How are developing countries impacted by the Big Tech firms? How can they harness the opportunities but still control the abuses? Will they be able to piggy-back on the progress of developed countries in regulating Big Tech abuses, and how? The third panel deals with regionalism and globalism: Do we need better coordination, cooperation, and higher level governance? Will a spotlight on regionalism reveal cross-border restraints that continue to Balkanize the developing countries, for example in Africa, and can good regional coordination help integrate developing country communities? How can we achieve coherent governance of regional competition that works for developing countries? The conference ends with a quick-fire wrap-up of the three days' discussions and explorations called the New York & CapeTown Minute, drawing together the themes.
2022 Next Generation of Antitrust, Data Privacy and Data Protection Scholars Conference
January 28-29, 2022
The NYU School of Law and the American Bar Association Antitrust Law Section proudly announce that the 7th biennial Next Generation conference, which has expanded beyond Antitrust to include Data Privacy and Data Protection. This two-day long Next Generation of Antitrust, Data Privacy & Data Protection Scholars Conference provided an opportunity for professors in law, economics, accounting, finance, management, information systems, operations management, and marketing who began their full-time tenure-track career in or after 2014 to present their latest research. Senior scholars and practitioners in the field commented on the papers. This free, non-CLE conference was co-sponsored by the ABA Antitrust Law Section and NYU School of Law.
Antitrust in Developing and Emerging Economies
October 26, 27, 28, 2021
This is the 8th edition of this joint conference organized by NYU School of Law and Concurrences in partnership with sponsors. Webinar One focused on antitrust and tech and the impact on the developing world. Webinar Two was on cross border and multinational mergers. Webinar Three addressed when is a cartel not a cartel because it sustains the environment or eases a crisis.
Recordings: Webinar 1; Webinar 2; Webinar 3
Antitrust and Developing Economies in an Era of Crisis
October 27, 29, 30, 2020
This year’s Developing Countries’ conference was presented in three webinars. The remote format has allowed us to bring together more developing country enforcers, this year not only from South Africa but also from Nigeria and the common market COMESA. Distinguished panelists from around the world discussed developing countries’ reception of the biggest competition issues of the year. Webinar One focused on mergers: cross-border challenges and the role of public interests and industrial policy. Webinar Two was devoted to big data and platforms: opportunities and challenges for developing countries. Webinar Three addressed new issues of dominance and collaborations: how developing countries are dealing with price gouging and opportunism in the pandemic, and how they are incorporating industrial policy and principles of access and inclusiveness.
Antitrust laws in the United States have evolved with the economy and technological change, moving from the trustbusting of Standard Oil to the last of the “Big Cases” – AT&T and Microsoft. Today the antitrust laws face a new challenge. Giant platform companies such as Google, Facebook, Amazon, and Apple have achieved unprecedented power over technological markets and everyday life. The growth of these companies raises the question whether existing U.S. antitrust laws are capable of checking their power and whether we have strayed too far from the Sherman Act’s intended purpose. In this Symposium, panelists addressed these issues and the solutions that have been advanced in the United States and in Europe.
The NYU School of Law and the American Bar Association Antitrust Law Section held the 6th biannual Next Generation conference, which has expanded beyond Antitrust to include Data Privacy and Data Protection, on January 31, 2020. This day-long conference provided an opportunity for professors who began their full-time tenure-track career in or after 2012 to present their latest research. Senior scholars and practitioners in the field commented on the papers.
This year’s conference highlighted anti-cartel and corruption enforcement, and experts presented compliance strategies to guard against both, especially at their intersection as occurred in Brazil’s Petrobas incident. The program explored big data networks and their effect on economic development; and experts explained the most recent concerns in clearing mergers that affect developing countries, including legislative developments in adding public interest factors to merger law and advice as to what the agencies will expect from the merging parties to address these concerns.
Antitrust and Developing and Emerging Economies: Coping with Nationalism, Building Inclusive Growth
October 26, 2018
This year’s Conference put a particular spotlight on Brazil, Russia, India, China, and South Africa – the BRICS countries. At a time of increasing nationalism in the developed world, how do these most dynamic developing economies balance the need for competition policy and open economies while also accommodating industrial policy and the pressure of globalized markets? Do the world’s mega-mergers hurt or help developing countries, and how well do these countries vet such mergers? And how can businesses in the developed world understand the lay-of-the-land as they try to compete in developing-country markets? These are among the questions that the experts debated at the 2018 edition of the developing countries’ competition program, with a kick-off speech from Nobel-prize winning economist Joseph Stiglitz. The program featured not only Western experts but also enforcers, practitioners, jurists and academics from all of the BRICS countries and more.
Conference on The Effects of Digitization, Globalization, and Nationalism on Competition Law
June 21-23, 2018
NYU School of Law hosted the 13th annual conference of the Academic Society for Competition Law (ASCOLA) on June 21-23, 2018. Several trends affect our markets. Many markets are going digital or are affected by the digitization of related markets. A broad variety of technological developments, including the introduction of the Internet of Things, artificial intelligence and Big Data, and greater connectivity and storage capacities, have all contributed to digitization. Digitization, in turn, has enabled more markets to become truly global, although enforcement is still national. Globalization has led to the promotion, at least in some jurisdictions, of an opposite trend of national self-interest. This conference sought to explore the effects on competition law of these three trends, as well as the interplay between them.
Next Generation of Antitrust Scholars Conference V
January 26, 2018
The 5th Biennial NYU School of Law/American Bar Association, Section of Antitrust Law Next Generation of Antitrust Scholars Conference will be held on January 26, 2018. The purpose of this day-long conference is to provide an opportunity for antitrust/competition law professors who began their full time professorial career in or after 2010 to present their latest research. Senior antitrust scholars and practitioners in the field will comment on the papers.
Just as developing countries are integrating into the world economic system, the world has taken a nationalistic turn. Will antitrust become politicized, and if so how will this impact the progress of developing countries? This program featured a wide range of developing, emerging, and newly developed countries, from Argentina, Brazil and Chile to China, Turkey, South Africa, Kenya and Israel. Panels considered the new nationalism and the special problems it poses for competition systems in developing countries; pharmaceuticals and the recent spate of excessive pricing of essential drugs; mergers, innovation and new technology issues; and an enforcers’ roundtable. The emphasis was on developing countries’ perspectives on competition law suited to their needs. The keynote speech was given by Makan Delrahim, Assistant Attorney General for the Antitrust Division, US Department of Justice.
Competition and Globalization in Developing Economies
October 28, 2016
Rapidly emerging economies such as South Africa, China, Argentina, Mexico and Turkey are taking center stage in antitrust enforcement. Multinational firms must have regard to the competition systems of these and other developing nations and regions when in merging, collaborating with competitors, pricing, distributing, and licensing their intellectual property rights. Competition authorities in countries at different stages of development are trying to meet the challenges posed by public and private power, cronyism and privilege; they are integrating with neighbors and trying to make their markets work for the good of their peoples. This program will address the effect of global forces on developing countries’ competition law systems and what this means in law, policy and practical reality for business, consumers, and the world.
Next Generation of Antitrust Scholars Conference IV
January 22, 2016
The fourth Next Generation of Antitrust Scholars Conference was held at NYU School of Law on Friday, January 22, 2016. The conference was co-sponsored by NYU School of Law and the American Bar Association -- Section of Antitrust Law. The purpose of this day-long conference was to provide an opportunity for antitrust/competition law professors who began their full time professorial career in or after September 2008 to present their latest research. Senior antitrust scholars and practitioners in the field commented on the papers.
Rapidly emerging economies such as Africa, Brazil, China, India, and Mexico are taking center stage in antitrust enforcement. Multinational firms must have regard to the competition systems of these and other developing nations when engaging in merger activity, collaborating with competitors, and pricing, distributing, and licensing their intellectual property rights. Competition authorities in countries at different stages of development are trying to meet the daunting challenges posed by public and private power, cronyism and privilege, and are trying to make their markets work for the good of their peoples. This program addressed the coming of age of developing countries’ competition law systems, and what this means in law, policy and on-the-ground reality for entrepreneurs, consumers, “the people,” and the world.
EU Competition Commissioner Margrethe Vestager Talk
April 20, 2015
EU Competition Commissioner gave a talk on enforcing competition rules in a global village.
Book Launch of The Microsoft Antitrust Cases –Competition Policy for the Twenty-First Century
February 26, 2015
A celebration for the release of The Microsoft Antitrust Cases –Competition Policy for the Twenty-First Century (MIT Press) by Harry First, Charles S. Denison Professor of Law at NYU School of Law, and Andrew I. Gavil, Professor of Law at Howard University School of Law, with a discussion led by C. Scott Hemphill, Professor of Law at Columbia Law School.
Rapidly emerging economies such as China, India, Mexico, Brazil and South Africa are taking center stage in antitrust enforcement. Multinational firms must have regard to the competition systems of these and other developing nations when engaging in merger activity, collaborating with competitors, and pricing, distributing, and licensing their products. Competition authorities in countries at different stages of development are trying to meet the daunting challenges posed by public and private power, cronyism and privilege, and are trying to make their markets work for the good of their peoples. This program addressed the coming of age of developing countries’ competition law systems, and what this means in law, policy and on-the-ground reality for entrepreneurs, consumers, “the people,” and the world. The conference was co-organized by Concurrences Competition Laws Journal.
Next Generation of Antitrust Scholars Conference III
January 17, 2014
The third Junior Antitrust Scholars Conference, co-sponsored by NYU School of Law and the American Bar Association -- Section of Antitrust Law, provided an opportunity for antitrust/competition law professors who began their full time professorial career in or after September 2004 to present their latest research. Senior antitrust scholars and practitioners in the field commented on the papers.
In 1963 the Supreme Court decided United States v. Philadelphia National Bank. This was only the Court’s second decision under the amended Section 7 of the Clayton Act. This conference examined the Court’s decision in PNB then, as it has developed since (both in terms of court decisions and economic thinking in the United States and elsewhere), and how it might yet develop in the future. The Supreme Court has not decided a substantive Section 7 case since 1974. The papers presented at this conference will hopefully contribute to an understanding of Section 7 that will prove useful should such a case come before the Court in the near future.
Developing Countries and Trade, Competition, and Corruption – The Dilemmas of the 21st Century and How to Make Progress in Solving Them
September 25, 2013
Celebrating the 30th Anniversary of CUTS International of India, with centers in Geneva, Lusaka, Nairobi, Accra, and Hanoi. CUTS (Consumer Unity and Trust Society) is the world’s leading NGO on competition, consumer, and trade issues in the developing world.
Next Generation of Antitrust Scholarship Conference II
January 20, 2012
This is the second "Next Generation of Antitrust Scholarship Conference". The purpose of this day-long conference was to provide an opportunity for antitrust/competition law professors who began their full time professorial career in or after 2002 to present their latest research. Senior antitrust scholars and practitioners in the field commented on the papers.
Global Administrative Law Competition Workshop
February 4-5, 2011
The workshop is part of a Competition Law Project co-directed by Professor Michael Trebilcock of the University of Toronto and by Professor Eleanor Fox. The Project is also part of the Law School's larger Global Administrative Law program.
This symposium consists of three panels, which explored recent developments in antitrust and potential new directions for antitrust enforcement. The first panel on government enforcement included current and former officials from the DOJ, FTC, and FCC. The second panel on antitrust and innovation examined the tension between encouraging innovation and maintaining competition. The third and final panel on private enforcement addressed developments in private antitrust suits, including class actions and suits brought by competitors.
Next Generation of Antitrust Scholarship Conference
January 29, 2010
This conference is the first ever conference for the Next Generation of Antitrust Scholars. Much has changed in both the law and economic theory of antitrust in the past 30 years. The purpose of this event is to convene a conference of the next generation of antitrust law professors (people who started their teaching career in or after 2000) and provide them an opportunity to present their latest research. Senior antitrust scholars and practitioners in the field commented on the papers.
Horizontal Merger Guidelines Review Project Workshop
December 8, 2009
The Department of Justice and the Federal Trade Commission held joint public workshops, one being held at NYU School of Law, to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions. The goal of the workshops was to determine whether the Horizontal Merger Guidelines accurately reflected the current practice of merger review at the Department and the FTC as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992. The Horizontal Merger Guidelines outline the merger enforcement policy of the FTC and DOJ. The Guidelines describe the analytical framework and specific standards normally used by the agencies in analyzing mergers. The Guidelines are intended to reduce the uncertainty associated with enforcement of the antitrust laws in the merger area. The agencies will issue a set of questions about the current Guidelines and possible revisions.
The Antitrust Modernization Commission issued its Report on April 2, 2007. Although the Report contained many criticisms of antitrust and its enforcement, and offered numerous suggestions for change, its overall assessment of antitrust was that fundamental change is not necessary. National elections will take place on November 8, 2008. No matter who wins the election, new leadership will take over at the federal enforcement agencies and new policies will likely be adopted. This conference—which took place one year after the AMC's Report and less than one year before the change in federal antitrust enforcement leadership—was intended both to look back at the AMC's efforts and to look forward to how antitrust should be modernized in a new administration. Invitees to the conference discussed the Commission's proposals, consider which are likely to be adopted, and ask what additional changes might be appropriate to meet future challenges to antitrust and its enforcement.