Antitrust and 21st Century Bigness
Dealing with Tech Platforms in a Globalized World
Friday, February 24, 2023
Reception to follow
In person at
NYU School of Law
40 Washington Square South
Vanderbilt Hall, Greenberg Lounge
Harry First, NYU School of Law
Eleanor Fox, NYU School of Law
Michael D. Hausfeld, Hausfeld
Scott Martin, Hausfeld
Irving Scher, Hausfeld
Big Tech and Bigness. These issues continue to dominate the antitrust agenda in the United States and throughout the world. Three years ago, we examined these issues at a conference held at NYU Law School, at a time when US enforcement agencies had yet to act. We now return for a second edition of that conference, at a time when antitrust agencies around the world—including in the US--are taking on the challenge. We will ask what progress has been made? what obstacles have been encountered? what are the prospects for the future? The panelists—scholars, practitioners, and enforcers, from the US and Europe—will discuss antitrust as it is being applied in the courts and as it is playing out legislatively in the US and abroad.
Admission is free.
This event has been approved for eight (8) New York State CLE credits in the category of Areas of Professional Practice. The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys.
Vaccination Requirements and Verification
All visitors must be able to present proof of being fully vaccinated against COVID-19 and boosted (once eligible and by NYU’s deadline) with an FDA-authorized or WHO-listed vaccine.
Opening Keynote: https://vimeo.com/808338982
Panel 1: https://vimeo.com/manage/videos/808337379
Panel 2: https://vimeo.com/808342729
Luncheon Keynote: https://vimeo.com/manage/videos/808339633
Panel 3: https://vimeo.com/manage/videos/808341645
Panel 4: https://vimeo.com/808340244
Closing Keynote: https://vimeo.com/manage/videos/808338815
Registration & Breakfast
Harry FIRST | Professor, NYU School of Law
Doha MEKKI | Principal Deputy Assistant Attorney General, U.S. Department of Justice, Antitrust Division
In conversation with Eleanor FOX | Professor Emerita, NYU School of Law
Panel 1: MONOPOLIZATION AND ABUSE OF DOMINANCE: Is Big Tech Bad?
What is the case against the Big Tech platforms? Do the concerns about Big Tech focus on specific abuses, and, if so, which abuses, or is there a more general social or political case to be made against these companies? If there is a monopoly/abuse of dominance problem, is competition law and economics as we know it up to the task? Or are there distinctive characteristics of platforms and digital markets, and the business models of these companies, that require special antitrust treatment?
Andrew GAVIL | Professor, Howard University School of Law
Thomas HÖPPNER | Partner, Hausfeld Rechtsanwälte LLP
Thomas Kramler | Head of Unit - Antitrust: E-commerce and Data Economy, DG Competition, European Commission
Nancy ROSE | Professor, MIT Department of Economics
Moderator: Harry FIRST | Professor, NYU School of Law
Panel 2: MERGERS: Are Big Tech Acquisitions Different?
How should Big Tech acquisitions be evaluated, including the acquisition of nascent upstarts?
Cristina CaffArra | Co-Head, Keystone Strategy Europe
John Newman | Assistant Director Bureau of Competition, Federal Trade Commission
Pierre Régibeau | Chief Economist, DG Competition, European Commission
Vaughn WALKER | United States District Judge (ret.), Northern District of California
Moderator: Scott Hemphill | Professor, NYU School of Law
Professors Wu and Calkins will discuss developments in antitrust enforcement in the Biden administration, including Professor Wu's experience in the White House in developing antitrust policy with regard to Big Tech platforms and other key administration initiatives.
Tim WU | Professor, Columbia University Law School
In conversation with Stephen CALKINS | Professor, Wayne State University Law School
Panel 3: EXISTING LAW: Solutions?
Can current competition laws reach—and remedy—anticompetitive conduct by Big Tech firms?
Alexandre de Streel | Academic Director, CERRE; Professor of European Law, University of Namur
Daniel FRANCIS | Professor, NYU School of Law
Ian SIMMONS | Partner, O'Melveny & Myers LLP
Diane Wood | Senior Circuit Judge, Court of Appeals, Seventh Circuit; Senior Lecturer, University of Chicago Law School
Moderator: Michael HAUSFELD | Chair Emeritus, Hausfeld LLP
Panel 4: THE FuTURE - PROPOSED CHANGE: Legislative and Regulatory, DOMESTIC AND THE WORLD
If competition laws need to be updated to address anticompetitive conduct by Big Tech firms, what legislative and/or regulatory changes are desirable? Should institutional arrangements expand the boundaries of antitrust, possibly including unfair competition, consumer protection and data/privacy protection? What are the implications of the varying national solutions for world competition?
Matthew BRAOVAC | Director - Digital Markets Unit, UK Competition and Markets Authority
Evan CHESLER | Partner, Cravath, Swaine & Moore
Andrew HEIMERT |Counsel for Asian Competition Affairs, Federal Trade Commission
Diana MOSS | President, American Antitrust Institute
Moderator: Eleanor FOX | Professor Emerita, NYU School of Law
Joseph STIGLITZ | University Professor, Columbia University