Antitrust and 21st Century Bigness: Dealing with Tech Platforms in a Globalized World


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Friday, February 28, 2020
NYU School of Law
40 Washington Square South
Vanderbilt Hall, Greenberg Lounge

Conference Co-organizers
Harry First, NYU School of Law
Eleanor Fox, NYU School of Law
Michael Hausfeld, Hausfeld
Scott Martin, Hausfeld
Irving Scher, Hausfeld
Laurence Sorkin, Fordham University School of Law

CLE Materials

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.

Conference Videos


8:00 am
Registration & Breakfast

Welcome Remarks
Dean, NYU School of Law

Eleanor FOX | Professor, NYU School of Law

Keynote Speech
Paul ROMER | Professor, NYU Stern School of Business

Panel 1: Monopolization and Abuse: Application to Platforms and Digital Markets
Is traditional monopolization/abuse analysis adequate for assessing dominant firm conduct by Big Tech firms?  How should such analysis address the distinctive characteristics of platforms and digital markets and the business models of firms operating in such markets?

Eleanor FOX | Professor, NYU School of Law
Andrew GAVIL | Professor, Howard University School of Law

Thomas HÖPPNER | Partner, Hausfeld Rechtsanwälte LLP
William KOVACIC | Professor, George Washington University Law School
Daniel RUBINFELD | Professor, NYU School of Law
Moderator: Harry FIRST | Professor, NYU School of Law

Coffee Break

Panel 2: Big Tech Mergers: Killer Acquisitions and Competition Analysis
How should Big Tech acquisitions be evaluated, including the acquisition of nascent upstarts?

Claes BENGTSSON | Head of Unit, Chief Economist Team, DG Competition, European Commission
Debbie FEINSTEIN| Partner, Arnold & Porter LLP

John NEWMAN | Associate Professor, University of Miami School of Law
Sharis POZEN | Partner and Co-Chair of Global Antitrust Group, Clifford Chance
Hon. Vaughn WALKER | Retired United States District Judge for the Northern District of California
Moderator: Lawrence WHITE | Professor, NYU Stern School of Business

Luncheon Talk

A Conversation with Tim WU | Professor, Columbia Law School and author of "The Curse of Bigness"
Moderator: Stephen CALKINS | Professor, Wayne State University Law School and Sutherland Fellow, University College Dublin Sutherland School of Law

Panel 3: Solutions under Current Law: Doctrine and Remedy
Can current competition laws reach—and remedy—anticompetitive conduct by Big Tech firms?

Susan CREIGHTON | Partner, Wilson Sonsini Goodrich & Rosati
Daniel FRANCIS |
Deputy Director, Bureau of Competition, U.S. Federal Trade Commission (former Associate Director for Digital Markets, U.S. Federal Trade Commission)
William ISAACSON | Partner, Boies Schiller Flexner LLP
Abbott (Tad) LIPSKY, JR.
| Adjunct Professor,
George Mason University Antonin Scalia Law School
Steven SALOP | Professor, Georgetown University Law Center
Moderator: Michael HAUSFELD | Chairman, Hausfeld LLP

Coffee Break

Panel 4: Legislative Reform: What Changes for Antitrust Law and Institutions?
If competition laws need to be updated to address anticompetitive conduct by Big Tech firms, what legislative and/or regulatory changes are desirable?  What institutional arrangements should be made to encompass antitrust, consumer protection, and data/privacy protection?

Diana MOSS | President, American Antitrust Institute
Thomas PHILIPPON | Professor, NYU Stern School of Business
Joseph STIGLITZ | Professor, Columbia University
Koren WONG-ERVIN | Director of Antitrust Policy & Litigation, Qualcomm Incorporated

Luigi ZINGALES | Professor, University of Chicago Booth School of Business
Moderator: Scott HEMPHILL | Professor, NYU School of Law

Closing Wrap-up: New York Minute
Harry FIRST | Professor, NYU School of Law
Eleanor FOX | Professor, NYU School of Law

Cocktail Reception