Competition policy 2023

How are international competition authorities, anti-trust regulators and businesses navigating foreign subsidies regulation, expanding merger controls screenings and digital markets?

Conference
9 November 2023 — 9:30AM TO 5:15PM
Chatham House
Looking directly up at the skyline of the financial district in central London.

Back to the future for competition policy

The frontiers of competition policy are rapidly expanding driven by deglobalization, inflation, the rise of big tech and the green transition. 

As competition authorities and anti-trust regulators navigate these fields, a revival of traditional methodologies and approaches is gaining traction. 

Recent years have seen new regulatory regimes for subsidies and digital markets which draw on existing competition policy frameworks; however, the consistency of competition policy enforcement across jurisdictions remains a question. 

Compliance requirements have also become more complex as many major jurisdictions retreat from economic effects-based approaches towards more form-based and ex-ante regulation creating an uncertain environment for international businesses and investors.

This conference, hosted in person and held under the Chatham House Rule, explores emerging competition policy trends and their impact on global innovation, investment and supply chain stability.

Why attend?

  • Explore the implications of changing foreign subsidy regulation and the impact on sustainability and supply chain stability. 

  • Gain insight into evolving digital markets regimes and enforcement approaches across jurisdictions.

  • Stay up-to-date on trends on merger controls and what they mean for investment and innovation.

  • Network with international competition authorities and anti-trust regulators and engage on best practice relating to competition policy. 

Continuing professional development

6 CPD hours are available for delegates attending this event as per the Bar Standards Board’s CPD Provider Accreditation Scheme. For professionals regulated by the Solicitors Regulation Authority, 6 CPD hours are available for delegates that remain opted into the 16 hours annual CPD requirement.

Who attends

Chatham House exterior.

The venue

Chatham House is a trusted forum for debate and independent analysis. Our conferences provide access to thought leadership, market insight and influential ideas by bringing together policymakers, world leaders, senior business executives and sector specialists.

Join us at our world-famous Grade II listed home in beautiful St James Square, London.

Agenda

Thursday 9 November (timings subject to change)

Subsidies, sustainability and supply chain stability

  • Do new regulatory regimes for subsidies represent equal treatment for all or discriminatory targeting of particular jurisdictions? 

  • How should the European Commission account for other jurisdictions’ policy objectives such as supply chain stability and will other jurisdictions retaliate with their own regulation of EU subsidies?

  • What theories of harm could be grounds for intervention in mergers and public tenders and what economic evidence will be relevant?


  • To what extent are subsidies for sustainability and supply chain stability objectives consistent with international trade rules? 

  • Could subsidies under the Inflation Reduction Act and the EU’s response be challenged under the World Trade Organization and/or the EU Foreign Subsidies Regulation?

Speakers
Lorenzo Coppi, Executive Vice President, Compass Lexicon
Ben Smulders, Deputy Director General, DG Competition, European Commission
Stephen Pattison, Vice President, Global Public Affairs, ARM Holdings 
Cristina Volpin, Competition Policy Expert, OECD
Chair: Andrea Biondi, Professor of European Union Law, Director, Centre of European Law, Kings College London

1000–1115

Expansion of merger control and investment screenings

  • With ever increasing scrutiny of mergers, has the US become more interventionist? Is hostility to “private equity roll-ups” justified? 

  • What expanding theories of harm effect dynamic and nascent competition and monopsony power? 

  • How effective are jurisdictional thresholds in Europe after Towercast and the Article 22 EUMR policy change?

  • What are the implications of changes to the UK merger control regime and is the UK becoming the global pacesetter?


Speakers
Sue Hinchliffe
, Partner, Clifford Chance
Edyth Kyegombe, Managing Counsel, Antitrust, Shell
David Lawrence, Policy Director, Antitrust Division, United States Department of Justice (joining virtually)
Sorcha O’Carroll, Senior Director, Mergers, Competition and Markets Authority
Annemiek Wilpshaar, Head of Unit, Mergers: Information, Communication and Media, DG Competition, European Commission
Chair: Andy Parkinson, Senior Vice President, Compass Lexicon

1115–1245

Lunch

1245–1345

Fireside chat: Is competition policy ready for AI?

This session explores the evolving approaches to AI regulation within competition policy.

Speakers
Francine Bennett, Acting Director, Ada Lovelace Institute
Dr Liza Lovdahl Gormsen, Director, Competition Law Forum; Senior Research Fellow, Competition Law, British Institute of International and Comparative Law
Chair: Olivia O’Sullivan, Director, UK in the World Programme, Chatham House

1345–1430

Coffee break

1430–1500

Regulating dominance in digital markets and beyond

  • How does the Digital Markets Act interact with other regimes and what is the role of national regulation and ex post approaches  in competition enforcement?

  • Does the European Commission’s new Article 102 enforcement policy signal a retreat from effects-based approaches?

  • What are the implications of the UK Digital Markets, Competition and Consumer Bill?  

  • Can forced interoperability stifle innovation? 


  • What is the potential for EU Digital Markets Act and/or UK Digital Markets Unit private litigation?

  • What are the implications of recent opt-out collective actions against tech firms?

Speakers
Amelia Fletcher CBE, Professor of Competition Policy, Norwich Business School
Joe Perkins, Senior Vice President; Head of Research, Compass Lexecon
Chris Prevett, General Counsel, Competition and Markets Authority
Chair: Milena Robotham, Partner, Clifford Chance

1500–1630

In conversation with Aviv Nevo

Speakers
Aviv Nevo, Director, Bureau of Economics, Federal Trade Commission
Chair: Bill Kovacic, Global Competition Professor of Law and Policy; Professor of Law; Director, Competition Law Center, George Washington University

1630–1715

End of conference

1715

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