The Merger Control Forum 2024

Registration
09:00

Chairperson's Opening Remarks
09:30

An Overview on Recent Authority Activity
09:40

Highlighting Key Updates and Developments in Theories of Harm
10:20

• Substantive analysis of eco-system, innovation, dynamic and novel theories 
• Recent cases that have impacted theories of harm such as Microsoft/Activision to Booking.com/eTraveli 
• Oligopolistic industries and the Hutchinson Judgment 

Networking & Refreshment Break
11:00

Exploring Applications of Article 22 and Call-in Powers
11:20

• How is Article 22 being repurposed: Impact and implications of Illumina, Inc and GRAIL 
• Will the Towercast judgment lead to more cases 
• Impact and implications of Briefing papers, reverse findings and the impact of initial enforcement orders 

Addressing the Evolving Use of Remedy Tools
12:00

• Diverging approaches to remedies from the agencies 
• How remedies are developing in the digital sector 
• Can a change in remedy application be observed 
• What lessons can we draw from ex post analysis of mergers

Analysing Investigations and the Use of Evidence in Merger Control Cases
12:40

• What tools are agencies using when conducting investigations 
• The use of machine learning in investigations 
• Managing access to files in investigations 
• Should the burden of proof used by the authorities be consistent

Networking & Lunch Break
13:20

Examining Recent Cases in Big Tech and Digital Markets
14:10

• Killer acquisitions and key learnings from recent cases
• Results of the provisions of the DMA and DMCC bills 
• Takeaways from recent big tech merger cases such as Amazon/iRobot and Broadcom/VMware 

Navigating Multi-Jurisdictional and Cross-Border Issues
14:50

• How do the agencies interact and diverge 
• How can practitioners manage international alignment and unpredictability  
• Managing multi-jurisdictional mergers and multiple regulation authorities 

Networking and Refreshment Break
15:30

Addressing Foreign Subsidies and Investments in the Context of Mergers
15:50

• How are foreign subsidies regulated by the European Commission 
• Processes for foreign investment controls across the EU
• How foreign subsidies have become a hot topic in US merger control 

Evaluating the Appeals and Decision Process
16:30

• Do courts provide appropriate checks and balances 
• How can more merger cases be tested 
• How different jurisdictions approach appeals 

Chairperson's Closing Remarks
17:10