Fordham Competition Law Institute CLE Conference Day 1 Materials Antitrust Economics Workshop September 11, 2019 9:10 a.m.–4:25 p.m. 46th Annual Conference on International Antitrust Law & Policy September 12–13, 2019 Day 1: 9:15 a.m.–4:40 p.m. Day 2: 9 a.m.–1:50 p.m. Fordham Law School Skadden Conference Center | 150 West 62nd Street New York City Fordham Competition Law Institute Conference on International Antitrust Law and Policy Day 1 Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Keynote Remarks Supporting documents Pound, Jesse. CNBC. ‘A couple of Dozen’ states are Panel 3: Private Litigation Around the World considering an antitrust probe of Big Tech, says DOJ Official. (view on web) Skadden, Arps, Slate, Meagher & Flom LLP. Collective Actions in Europe. (view in document) Panel 1: Big Tech and Antitrust: What Lies Ahead Global Legal Group, et al.. The International Comparative Hausfeld, Michael; Scher, Irving; Spero, Michaela. Legal Guide to: Competition Litigation 2019. 11th Edition. Applying Amex: When Two-Sided Platforms Become One (view in document) Market. (view in document) Skadden, Arps, Slate, Meagher & Flom LLP. Merrick v. Keyte, James. Why The Atlantic Divide on Mastercard: UK Class Actions Back Under the Spotlight. Monopoly/Dominance Law and Enforcement Is So Difficult (view in document) to Bridge. (view in document) Skadden, Arps, Slate, Meagher & Flom LLP. New Era of Panel 2: Industrial Policy and Antitrust Collective Actions in Europe. (view in document) Smith, Noah. Bloomberg Opinion Economics. Should Government “Pick Winners”? It’s Worked Before. (view on web) Rima Alaily contracts. During his career in private and public Deputy GC of Competition, Microsoft practice, Jeffrey has been involved in legal Rima Alaily leads the Competition Law Group disputes concerning a wide range of issues in responsible for helping the company comply with federal, state, administrative, and arbitral the competition laws around the world, close forums, each contributing to his proficiency in mergers and acquisitions, and respond to new substantive areas of the law and diverse investigations. The team engages with regulators, business sectors. academics, and others to consider the role of Prior to joining Winston, Jeffrey worked at competition law in the face of our changing another international law firm. Previous to that, economy and the development of new he served as law clerk to the Honorable Arthur technology. Rima is a long-standing advocate for D. Spatt, U.S. District Judge for the Eastern civil legal aid and works with local and national District of New York. Before his clerkship, organizations to provide access to justice for Jeffrey was an attorney with the U.S. those in need. Prior to joining Microsoft, Rima Department of Homeland Security, where he was a litigation partner at Heller Ehrman prosecuted numerous civil enforcement actions LLP. Rima received her B.A. from Brown against individuals, air carriers, shippers, and University in 1994, and her J.D. from Harvard other regulated entities. During his tenure at Law School in 1998. U.S. Department of Homeland Security, he received an interim appointment as Special James Aitken Assistant to the Chief Counsel of the Partner, Freshfields Bruckhaus Deringer, Transportation Security Administration. LLP Immediately following his graduation from law James Aitken is a partner in Freshfields’ school, Jeffrey was an Honors Attorney with the antitrust, competition and trade group working Office of the General Counsel of the U.S. from the firm’s London and Brussels offices. Department of Transportation. He has advised clients on behavioural antitrust investigations, and on obtaining merger Dr. Pinar Bagci clearances, before the European Commission, Principal, The Brattle Group Competition and Markets Authority and other Dr. Pinar Bagci has 20 years of experience competition authorities in Europe and advising on the economics of competition, worldwide. James also regularly advises on regulation and damages assessment. She has contentious antitrust litigation in the European provided economic analysis for clients and UK Courts. He has particular expertise in throughout in-depth competition and regulatory the technology and financial services sectors as investigations and in commercial litigation and well as advising regulated companies in the international arbitrations. infrastructure, energy and telecommunications Dr. Bagci has advised Europe’s leading financial sectors. institutions and energy, mining, telecommunications and electronics companies Jeffrey Amato throughout in-depth merger, cartel, dominance, Partner, Winston & Strawn LLP State Aid and market investigations by the Jeffrey Amato handles complex multi-forum European Commission and national regulatory disputes, principally in the areas of international authorities. She has submitted expert economic cartel litigation, class actions, arbitration and analysis and testimony in international government investigations. Jeffrey also has arbitration and litigation proceedings brought experience in white collar criminal defense, before European courts and the European Court including representing defendants in federal and of Justice. state courts at the trial, appellate, and post- In litigation matters, Dr. Bagci has prepared conviction levels. His experience includes expert economist testimony for national courts counseling clients with respect to navigating and international arbitration tribunals in relation compliance with statutory, regulatory, and to liability and the estimation of damages in the ethical obligations relating to government financial, energy, consumer electronics, and mining sectors. She is currently advising a headquarters. His role involves leadership of a leading investment bank throughout an EC large cross-functional (Policy, Legal, investigation of alleged collusion to manipulate Economists, Product, Eng, Comms) and forex benchmarks. She recently provided international in-house and external teams. He is economic analysis on competition issues in one responsible for strategic decision-making and of the largest damages claims brought before an negotiations, working with General Counsel and international tribunal concerning vertical other SVP level executives, and CEO. Prior to restraints and abuse of dominance in gas supply this he worked in private practice at Cleary and transit contracts. Gottlieb Steen & Hamilton in Brussels before moving to Google’s in-house team in London in David Bamberger 2008. His experience to-date includes leadership Partner, DLA Piper of large cross-functional teams in a range of David Bamberger has been litigating for more high-profile international investigations and than 35 years in federal and state courts around high-level advocacy and negotiation with the country, as well as before arbitration panels. regulatory agencies around the world. He is a 14 He devotes a substantial portion of his practice year qualified barrister with a range of European to litigating complex antitrust and trade and US advisory and management experience. regulation matters, including class action cases. Oliver is a graduate of Oxford University and David has tried scores of cases, many of them BPP Law School and a member of the Bar of jury trials, and has argued appeals in many England and Wales. appellate courts, including the Supreme Court of the United States. In addition to maintaining an Michael S. Burkhardt active litigation practice, David also regularly Partner, Morgan Lewis counsels clients in a variety of industries on Michael S. Burkhardt represents employers in a antitrust and trade regulation matters. wide range of labor and employment disputes, The respected research publication Legal 500 including employment discrimination class United States recommended David in its 2014 actions, systemic discrimination investigations, edition and called him "practical, timely and and multiplaintiff litigation. He handles FLSA accurate." Its 2012 edition called him and state wage and hour actions, as well single- "excellent," and its 2011 edition described him plaintiff disability, sex, age, and race as "vastly experienced" and noted that a client discrimination claims. He also represents clients commented that he is "one of the most in whistleblower and wrongful discharge claims. knowledgeable attorneys in the country; very Michael has experience in all areas of accessible and mindful never to churn a file." In employment litigation and counseling, 2018, he was named a BTI Client Service All- particularly EEOC systemic investigations, class Star by BTI Consulting, which noted that he was action litigation, noncompetition litigation; and selected for his "exceptional legal expertise with compensation, promotion, and hiring analyses. practical advice, business savvy and innovative, effective solutions." Only 326 lawyers in the Dr. Alexandre Carbonnel US received this honor in 2018. Senior Consultant, NERA Economic David is also listed in The Best Lawyers in Consulting (Paris) America 2018 and is named a 2018 Washington, Dr. Alexandre Carbonnel co-leads the Antitrust DC Super Lawyer in the area of Antitrust and Competition team in Paris. Dr. Carbonnel Litigation, and he has been named among the has years of experience analyzing economic "Noted Practitioners" in Chambers USA in the issues related to competition and regulatory area of litigation for Washington, DC. investigations by the European Commission and national competition authorities in France and