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This publication is part of the Arbitration Law Database

International Antitrust Law & Policy: Fordham Competition Law 50th Anniversary Volume

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This volume contains the proceedings of the Fiftieth Annual Fordham Competition Law Institute Conference, including the ninth annual economics workshop. For those who were there, and those who will be reading the proceedings for the first time, the 50th anniversary conference truly reflected the complex and evolving state of competition policy, law and enforcement around the globe.

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 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. The 50th Anniversary Volume is a very special edition presenting all the hottest topics of the times, touching upon the past 50 years and anticipating the next 50.

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

Reiko Aoki - Commissioner, Japan Fair Trade Commission
Patrick Ashby - Litigation, Arbitration & Investigations Partner, Linklaters
Pinar Bagci - Principal, The Brattle Group
Alexander Bergersen - Competition Counsel, Google
Marcus Bokkerink - Chair, UK Competition and Markets Authority
Bill Batchelor - Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Keira Campbell - Vice-President & Chief Antitrust Counsel, American Express
Sarah Cardell - Chief Executive, UK Competition and Markets Authority
Richard Cederoth - Partner, Sidley Austin LLP
Sara Champion - Principal, Cornerstone Research
Benoît Coeuré - President, Autorité de la Concurrence
Timothy Cornell - Head of Antitrust, Clifford Chance
Peter Davis - Principal, The Brattle Group
Makan Delrahim - Partner, Latham & Watkins LLP
Josephine Duh - Principal, The Brattle Group
Lisl Dunlop - Partner, Axinn, Veltrop & Harkrider LLP
Sir Jonathan Faull KCMG - Partner & Chair of European Public Affairs, Brunswick Group LLC
Andrew Finch - Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Katherine B. Forrest - Partner, Paul, Weiss
Eleanor Fox - Walter J. Derenberg Professor of Trade Regulation Emerita, NYU School of Law
Daniel Francis - Assistant Professor of Law, NYU School of Law
Nathaniel Giddings - Partner, Hausfeld
Calvin Goldman - Principal, The Law Office of Calvin Goldman, K.C.
Olivier Guersent - Executive Vice President, Compass Lexecon
Kate Guilfoyle - Partner, Kirkland & Ellis
Gönenç Gürkaynak - Founding Partner, ELIG Gürkaynak Attorneys-at-Law
Kirti Gupta - Vice President and Chief Economist of Global Technology, Cornerstone Research
Ronan Harty - Partner, Davis Polk & Wardwell LLP
Michael Hausfeld - Chair Emeritus, Hausfeld LLP
Bruce Hoffman - Partner, Cleary Gottlieb Steen & Hamilton LLP
Herbert Hovenkamp - James G. Dinan University Professor, University of Pennsylvania Carey Law School
Rosemary Ioannou - Director - Legal Assets, Fortress Investment Group
Elisabetta Iossa - Commissioner, Italian Antitrust Authority
Felipe Irarrázabal Philippi - Director, CentroCompetencia; former Chilean National Economic Prosecutor
Frédéric Jenny - Chairman, OECD Competition Committee
Jonathan Kanter - Assistant Attorney General for the Antitrust Division, U.S. Department of Justice
Lina Khan - Chair, Federal Trade Commission
Robert Klotz - Partner, Sheppard, Mullin, Richter & Hampton LLP
Assimakis Komninos - PhD, Partner, White & Case LLP
William E. Kovacic - Global Competition Professor of Law and Policy; Professor of Law; Director of the Competition Law Center, The George Washington University Law School
Malika Krishna - Economist, Antitrust Division, Department of Justice
Mary Lehner - Partner, Freshfields Bruckhaus Deringer LLP
Kristen Limarzi - Partner, Gibson Dunn
Monica Magnusson - Vice-President for Intellectual Property Rights Policy, Ericsson
Ioana Marinescu - Principal Economist, Antitrust Division, U.S. DOJ
Joseph Matelis - Partner, Sullivan & Cromwell LLP
Justin McCrary - Paul J. Evanson Professor of Law, Columbia Law School
Mark McGrath - Head of North American Legal, Cyient
Rachel Mossman Zieminski - Partner, Shearman & Sterling
Andreas Mundt - Chair, ICN Steering Group; President, Bundeskartellamt
James Mutchnik - Partner, Kirkland & Ellis LLP
Aviv Nevo - Director, Bureau of Economics, U.S. Federal Trade Commission
Maureen Ohlhausen - Baker Botts and Former Commissioner and Acting Chair, FTC
Kristen O’Shaughnessy - Partner, Global Competition and Antitrust Group, White & Case
Nick Powers - Principal, The Brattle Group
Maria Raptis - Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Amanda Reeves - Partner, Latham & Watkins LLP
Lluís Sauri Romero - Acting Chief Competition Economist, European Commission
Minjae Song - Principal, The Brattle Group
Justin Stewart-Teitelbaum - Partner, Freshfields Bruckhaus Deringer LLP
Zephyr Teachout - Associate Professor of Law, Fordham University School of Law
Marissa Troiano - Legal Counsel, Competition, Spotify
Doris Tshepe - Commissioner, South African Competition Commission
Richard Vary - Partner, Bird & Bird
Mike Walker - Chief Economist, Competition and Markets Authority
Charles Webb - Lead Counsel, Antitrust, FedEx
Nathan Wilson - Executive Vice President, Compass Lexecon
Koren Wong-Ervin - Partner, Jones Day
 

"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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