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COVID-19: How Antitrust Enforcers are Responding to the Global Pandemic


Level: Intermediate
Runtime: 62 minutes
Recorded Date: April 14, 2020
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Agenda

  • China - Antitrust Litigation
  • US - Merger Control
  • US - Competitor Collaborations
  • EU and UK - Approach to Merger Control
  • Canada - Merger Review and Enforcement
  • Canada - The CCB's Response to COVID-19 on Non-Merger Investigations
  • Argentina Enforcement
  • Mexico, Brazil, Chile, and Colombia
Runtime: 1 hour, 2 minutes
Recorded: April 14, 2020

Description

The program will review the actions that antitrust regulators in different jurisdictions have taken in response to the COVID-19 pandemic. Some of the exceptional measures adopted by governments around the world to contain the spread of the virus have forced antitrust agencies to work remotely where possible, with a significant impact on how antitrust regulators operate and conduct their investigations, in particular in the area of merger review. Some jurisdictions are encouraging companies to delay their merger filings, while others have suspended statutory deadlines until further notice. These developments are likely to result in delays in the merger review process.

In addition, antitrust regulators have recognized that certain collaborations among competitors may be beneficial in the current situation as they may help bolster the health systems, safeguard or improve the production and distribution of essential goods and services, accelerate the research and development of new treatments and vaccines, and mitigate the negative effects of the pandemic.

This program was recorded on April 14th, 2020.

Provided By

American Bar Association

Panelists

Janet Hui

Partner
Jun He

Lawyer Janet Hui (Janet Hui) is a partner in Jun He's Hong Kong office and is based in Beijing. He is mainly engaged in legal services on antitrust, cross-border mergers and acquisitions, foreign investment and general corporate affairs. Attorney Xu was rated as the first-class lawyer in the "Chambers Asia-Pacific" (Chambers Asia-Pacific) antitrust affairs. He often advises on complex cross-border M&A projects in terms of transaction structure and solutions. Clients quickly and effectively obtain antitrust application approval.

Attorney Xu has 25 years of professional experience and has provided legal services to clients in different fields for a long time, especially in telecommunications, media, hotels, and real estate related industries.

Attorney Xu has extensive experience in handling various complex cross-border M&A transactions. His work experience includes: providing legal advice on transaction structure; considering legal and regulatory issues discovered during legal due diligence and providing solutions; drafting and revision Completion of transaction agreements and ancillary agreements; participation in delivery and major matters after delivery, etc.

Miguel del Pino

Partner
Marval O'Farrell & Mairal

Miguel del Pino joined Marval O'Farrell Mairal in 1998 and was appointed partner in 2008. His area of ??expertise focuses on antitrust law, mergers and acquisitions.

His professional work focuses on advising and representing clients before the antitrust authorities in matters related to merger control and cartel investigations, anticompetitive conduct or market conduct in general.

He has also been involved in mergers, acquisitions and joint ventures, advising buyers and sellers regarding share or asset transfers in Argentina. Likewise, he is actively advising foreign clients regarding the installation of their business in Argentina and compliance with applicable regulations.

He has published several articles regarding his area of ??expertise and has participated as a panelist and moderator in different conferences related to his area of ??practice.

He is an assistant professor of Antitrust Law in the Postgraduate Course on Economic Business Law at the Universidad Católica Argentina. In 1995 he was assistant professor of Economics at the Law School of the University of Buenos Aires.

He graduated as a lawyer from the University of Buenos Aires in 1994 and in 1997 he obtained a Master of Laws from the University of Pennsylvania (Philadelphia, Pennsylvania, USA).

Melanie L. Aitken

Managing Principal
Bennett Jones, LLP

Melanie Aitken is the Managing Principal of Bennett Jones (US) LLP, which carries on the practice of Canadian law in Washington, DC, in association with Bennett Jones LLP. She is also co-head of the competition and foreign investment practice of Bennett Jones. She specializes in global antitrust and competition law and litigation, working closely with colleagues in our Toronto and other offices.

Melanie served as Canada’s Competition Commissioner, in charge of the Canadian Competition Bureau from 2009 to 2012, having previously served as the Senior Deputy Commissioner leading merger review from 2006 to 2009.

While serving as Commissioner, Melanie led many high-profile civil and criminal matters and worked extensively with leaders of international antitrust authorities around the world on enforcement and policy cases, holding leadership roles in key international organizations, such as the Steering Committee of the International Competition Network. Melanie is credited with revitalizing the Bureau as an active enforcement agency. Most notably, she led the introduction of major amendments to Canada’s competition laws, introducing a US-style second request merger review process in Canada, and a new per se criminal cartel offence. While establishing an unprecedented successful litigation record for the Bureau, Melanie initiated a landmark case that liberalized the Canadian real estate industry by removing rules that prohibited unbundled services, brought cases forward in significant matters (including a challenge to Visa and MasterCard over card acceptance rules, and challenging a merger to monopoly on a major airline merger); during her tenure, the Bureau won the first court-ordered merger prohibition since the 1990s.

Melanie was a partner at Bennett Jones and Davies Ward Philips & Vineberg before joining the Bureau in 2005. She has acted as counsel in the Supreme Court of Canada and, prior to the Bureau, had an active antitrust advisory, trial and commercial practice, representing major Canadian and US companies in significant matters, including as counsel for the merging parties in Superior Propane, Canada’s leading merger efficiencies case.

Melanie has represented clients in a broad range of industries, including financial services, large retail, telecommunications, pharmaceutical, airlines, oil and gas, consumer products and organized sport.

Melanie's recent experience includes Counsel to: Time Warner it its proposed US$85.4 billion acquisition by AT&T; Alere, Inc. in its proposed US$5.3 billion acquisition by Abbott; G+K Services in its US$2.2 billion acquisition by Cintas; St. Jude Medical Inc. in its US$25 billion acquisition by Abbott; Starwood Hotels & Resorts Worldwide, Inc. in connection with its US$12.2 billion acquisition by Marriott International, Inc.; and Canadian Pacific Railway Limited in connection with its proposed US$28 billion merger with Norfolk Southern Corp.

Melanie is a frequent speaker and commentator on competition issues, and has taught as an Adjunct Professor at Osgoode Hall and Queen's Law Schools. She is active on the Board of the Canadian American Business Council, and sits on the Advisory Boards of the Global Antitrust Institute, Schulich School of Business (Toronto, Canada), and [email protected], and has been appointed a Fellow of the American Bar Foundation. Melanie also serves as a non-governmental advisor to the International Competition Network, a network of the world's competition authorities fostering convergence to best practices in global antitrust enforcement. Melanie has recently joined The C.D. Howe Institute's Competition Policy Council.

Kerry Ann O'Connell

Partner
Slaughter and May

Kerry O'Connell is a partner at Slaughter and May's Brussels office. She studied at the University of Manchester. She has experience of both EU and UK competition law and has acted on a number of mergers, antitrust, state aid, and regulatory matters.

Franco Castelli

Partner
Wachtell Lipton Rosen & Katz

Franco Castelli joined Wachtell, Lipton, Rosen & Katz’s Antitrust Department in 2005. He focuses on analysis of competition issues in U.S. and cross-border mergers, acquisitions, and joint ventures. Mr. Castelli has represented clients before the Federal Trade Commission, the U.S. Department of Justice, the European Commission, as well as other antitrust regulatory agencies. He has worked on transactions involving a wide variety of industries, most recently representing companies in the high-tech, stock exchange, pharmaceutical, oil and gas and chemical industries. Mr. Castelli has served as a guest lecturer on antitrust law at the Law School of the University of Milan, Italy.

Among other matters, Mr. Castelli represented Expedia in its acquisition of Orbitz, which was named by Global Competition Review as Merger Control Matter of 2015 in the Americas, and in its acquisition of HomeAway; Actelion in its sale to Johnson & Johnson; Analog Devices in its acquisition of Linear Technology Corporation; Cox Automotive in its acquisition of Dealertrack Technologies; Nasdaq in its acquisition of the International Securities Exchange; NYSE Euronext in its sale to InterContinental Exchange, its later-abandoned merger with Deutsche Börse, and its acquisition of the American Stock Exchange; BGC Partners in its acquisition of GFI Group, its sale of Trayport to InterContinental Exchange, and its sale of eSpeed to Nasdaq; Covidien in its sale to Medtronic; Mallinckrodt in its acquisitions of Therakos, Ikaria, Questcor Pharmaceuticals and Cadence Pharmaceuticals; El Paso in its sale to Kinder Morgan; Copano Energy in its sale to Kinder Morgan; Rohm and Haas in its sale to Dow Chemical; XPO Logistics in its acquisitions of Norbert Dentressangle S.A. and Conway; Chicago Bridge & Iron in its acquisition of Shaw Group; URS in its merger with AECOM Technology; and AMB Property Corporation in its merger with ProLogis.

Mr. Castelli received a J.D. from the University of Milan in 2001 and an LL.M. from Columbia Law School in 2005, where he was a Harlan Fiske Stone Scholar. Mr. Castelli was selected as a “Future Leader” by Who’s Who Legal: Competition in 2017 and has been listed as a Rising Star in the 2015 and 2016 New York – Metro edition of Super Lawyers.

Mr. Castelli is a member of the American Bar Association and the Bar Association of the City of New York.

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