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This publication is part of the Arbitration Law Database

International Antitrust Law & Policy: Fordham Competition Law 2016

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This volume contains the proceedings and papers of the Forty-Third Annual Fordham Competition Law Institute, including the second annual economics workshop and a unique focus on the future of antitrust in Asia. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as the most definitive US/EU annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.

EDITOR

James A. Keyte is Director of the Fordham Competition Law Institute and, as an adjunct professor, teaches the Comparative Antitrust Law and Enforcement course at Fordham Law School.  As a Partner in the New York office of Skadden, Mr. Keyte handles a wide variety of antitrust litigation, transactional and advisory matters across numerous industries.

In the litigation area, Mr. Keyte has handled a number of cases involving alleged price-fixing, monopolization, litigated mergers, other restraints of trade and class actions. In addition, Mr. Keyte has handled or played significant roles in a number of sports-related litigations and trials, including several high-profile matters for the NHL, NFL, and NBA. He played a key role in the NHL’s successful litigation against Madison Square Garden LP, as well as an attempt, through bankruptcy, to relocate the Phoenix Coyotes over the NHL’s objection. Recently, Mr. Keyte represented the NHL in a class action litigation involving the live broadcast of NHL games and led the team that defeated that damages class by excluding the plaintiffs’ economic model after a three-day hearing. Mr. Keyte also played an instrumental role in the NFL’s successful jury verdict in a billion-dollar case brought by the Oakland Raiders in California state court.

In the transactional arena, Mr. Keyte has represented numerous clients before the Department of Justice and the Federal Trade Commission, as well as parties involved in litigated mergers. Mr. Keyte represented the Unsecured Creditors Committee of American Airlines (in bankruptcy) with respect to its merger with US Airways; Anheuser-Busch InBev with respect to the government and private challenges to its merger with Modelo; Express Scripts in a private challenge to its merger with Medco; Sprint in its challenge to the unconsummated AT&T/T-Mobile merger; and Ainsworth in its successful merger with Norbord. Mr. Keyte also represented The Coca-Cola Company in its successful acquisition of Glacéau and its partial acquisition of Honest Tea; DigitalGlobe in its acquisition of GeoEye; Toshiba in its acquisition of Westinghouse’s nuclear division; Alcatel in its acquisition of Lucent Technologies; Caesar’s Entertainment in its acquisition by Harrah’s; and a number of private equity firms, including in the acquisition of MGM by Sony Corp. and the sale of Westwood One to Dial Global. He also has advised SanDisk, Martin Marietta, Pfizer, USIM, NewYork-Presbyterian Hospital, IASIS Healthcare and several Japan-based clients in numerous transactions. Mr. Keyte also regularly appears before the antitrust agencies in a variety of investigational contexts.

Mr. Keyte also counsels on general antitrust matters. He has advised numerous clients on compliance with basic antitrust statutes, including issues relating to competitor collaborations, unilateral conduct and distribution. He also counsels a number of clients on intellectual property matters with antitrust implications.

Mr. Keyte is the past chair of the Trade, Sports and Professional Associations Committee. Mr. Keyte is a frequent contributor of antitrust articles to the Antitrust Law Journal and Antitrust Magazine on a variety of topics, including merger analysis, market definition and conduct-related issues. Mr. Keyte is a former senior editor of the Antitrust Law Journal and a current editor of Antitrust Magazine. He also authors a monthly antitrust column for the New York Law Journal. In 2012, he won the Institute of Competition Law’s Antitrust Academic Article Readers Award for “‘Tally Ho!’: UPP and the 2010 Horizontal Merger Guidelines.” Mr. Keyte repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, which has described him as a “brilliant” antitrust lawyer and a “bulldog in the courtroom.”

CONTRIBUTORS AND PANELISTS

Peter Boberg, Vice President, Charles River Associates
Michelle Burtis, Vice President, Charles River Associates
Junfeng Cai, Deputy Director, Competition Policy Department, Anti-Monopoly Bureau, Ministry of Commerce of China
Terry Calvani, Of Counsel, Freshfields Bruckhaus Deringer US LLP
Mark Cohen, Senior Counsel, China, U.S. Patent and Trademark Office
Andrew Dick, Vice President, Charles River Associates
Damian G. Didden, Partner, Antitrust, Wachtell, Lipton, Rosen & Katz
Andrew L. Foster, Counsel, Skadden Arps
Eleanor M. Fox, Professor, New York University
Bryan Gant, Partner, White & Case LLP
Scott D. Hammond, Partner, Gibson Dunn
H. Stephen Harris Jr., Partner, Winston & Strawn
Kostis Hatzitaskos, Principal, Cornerstone Research
Mathew Heim, Vice President and Counsel, Qualcomm Europe
Renata Hesse, Acting Assistant Attorney General, U.S. Department of Justice Antitrust Division
Yong Huang, Director, Competition Law Center, University of International Business and Economics; and Member, State Council Anti-Monopoly Commission of China
Felipe Irarrázabal, National Economic Prosecutor Fiscalía Nacional Económica (Chile)
Dina Kallay, Director, Intellectual Property and Competition, Ericsson, Inc.
Karen Kazmerzak, Partner, Sidley Austin LLP
Kivanc Kirgiz, Vice President, Cornerstone Research
William E. Kovacic, Global Competition Professor of Law & Policy and Director of the Competition Law Center, The George Washington University
Johannes Laitenberger, Director-General of DG Competition, EU Commission
Gail Levine, Head of U.S. Regulatory Affairs, Uber
Qing Li, Deputy Director General, Anti-Monopoly Bureau, National Development and Reform Commission, People’s Republic of China
Wanli Lu, Deputy Director General, State Administration for Industry and Commerce of China
Howard P. Marvel, Professor Emeritus of Economics, The Ohio State University
Sean May, Vice President, Charles River Associates
Andreas Mundt, President, Bundeskartellamt
Hideo Nakajima, Secretary General, Japan Fair Trade Commission
Julie North, Partner, Cravath, Swaine & Moore LLP
Maureen K. Ohlhausen, Commissioner, Federal Trade Commission
Alejandra Palacios Prieto, Chairwoman, Mexico Federal Economic Competition Commission
Jonathan B. Pitt, Partner, Williams & Connolly LLP
Sharis Pozen, Vice President of Global Competition and Antitrust, General Electric
Edith Ramirez, Chairwoman, Federal Trade Commission
Matthew J. Reilly, Partner, Simpson Thacher, and former Assistant Director, Bureau of Competition, U.S. Federal Trade Commission
Bryan Ricchetti, Principal, Cornerstone Research
Katrina Robson, Partner, O’Melveny & Myers, LLP
Katherine Rocco, Partner, Antitrust & Competition, Kirkland & Ellis LLP
Hartmut Schneider, Partner, WilmerHale
Justin Stewart-Teitelbaum, Senior Associate, Freshfields Bruckhaus Deringer US LLP
John Temple Lang, Professor, Trinity College, Dublin and Senior Visiting Research Fellow, Oxford
Han Li Toh, Chief Executive, Competition Commission of Singapore
Randy Tritell, Director, Office of International Affairs, U.S. Federal Trade  Commission
Suzanne Wachsstock, Vice President and Chief Antitrust Counsel, American Express
Koren Wong-Ervin, Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University
Elizabeth Xiao-Ru Wang, Senior Vice President, Compass Lexecon
Gary Zanfagna, Chief Antitrust Counsel and Associate General Counsel, Honeywell International, Inc. 

"The predominant forum for discussion of leading edge international antitrust issues. Both the conference and the published volume of proceedings are eagerly awaited events on the annual antitrust calendar."
-- A. Neil Campbell,  Co-Chair of the Competition and International Trade Law Groups, McMillan;  Former Chair of the Antitrust Committee C, International Bar Association

"This is the largest single source of information and analysis on European Union antitrust law anywhere... Also, some of the older papers are still the best statement of the legal principles in certain areas, even if there is recent case law."
-- Common Market Law Review

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