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ICN-Warsaw Newsletter

March 22nd, 2013

Conference Countdown: 35 days

International Competition Network


Calling all Economists:  Register Your Attendance at the ICN Annual Conference

The ICN is exploring ways to increase economists’ engagement in the ICN.  Deepening and expanding economists’ participation is thought to enhance the quality of ICN work products and provide further catalyst for convergence. All ICN members are invited to the 2013 ICN Annual Conference (“Annual Conference”) in Warsaw, April 23-26, and are encouraged to invite their chief or senior economists to attend.  This year, more than ever, there will be programming of particular interest to economists. Don’t delay as the deadline to register to attend the Annual Conference is March 25, 2013.

Thursday, April 25

10 a.m. The Role of Economics and Economic Evidence in Merger Analysis

This year’s Merger Working Group’s (“MWG”) plenary session will be an interactive discussion of provocative statements on hot policy issues raised by the use of economic analysis in merger review by antitrust agencies. For instance, what weight should be given to empirical analysis in merger review? How can agencies make econometric analysis more predictable and transparent? How can economics help agencies in planning and shaping all the stages of a merger investigation with the aim of identifying and preventing mergers that raise competition concerns and eliminating from consideration as quickly as possible those mergers that do not?

11:30 a.m.  Evaluation of Economic Evidence in Merger Review

Following the plenary session, discussion among economists will continue during a breakout session dedicated to the “Evaluation of Economic Evidence in Merger Review”.

A thorough economic investigation typically leaves the economists of antitrust agencies with a large set of evidence to which they will have to assign different weights based on their importance, reliability and coherence. Economists will discuss the current practices and the different approaches to the development of economic evidence, and they will debate on whether there is a common standard of evaluation of these evidence.

Discussions of both plenary and breakout sessions will be based on the main MWG’s output of this year: the updated Chapter 4 of the ICN Investigative Techniques Handbook for Merger Review on “The Role of Economics and Economic Evidence in Merger Analysis”.  The MWG has brought together economists from different agencies to draft Chapter 4 with the aim of identifying and explaining common practices in economic analysis in merger review in a useful manner for both economist and non-economist merger case handlers.

2 p.m. Exclusive Dealing – Key Issues

The Unilateral Conduct Working Group’s (“UCWG”) plenary will see an interactive discussion of provocative statements designed to probe the role of economic analysis in evaluating exclusive dealing arrangements. The panel has been designed to encourage a frank debate on  the extent of commonality or divergence in economists’ and lawyers’ approaches to exclusive dealing arrangements.

What are the key factors to take into account when making an economic analysis of exclusive dealing arrangements? Is there ever a case to be made for creating presumptive illegalities? The plenary will additionally tie in closely to the Working Group’s subsequent break-out sessions, by considering the role of contradictory evidence and justifications and defences, and the question of whether there is a rationale for viewing exclusive dealing arrangements differently in developing countries.

The focus on exclusive dealing in the UCWG sessions at this year’s conference reflects the main UCWG’s output of this year, the workbook chapter on Exclusive Dealing.

3 p.m. The Current State of Economic Research Regarding Exclusive Dealing

This break-out session by the UCWG will focus on what current economic theory and empirical research have to say about the effects of exclusive dealing. The panel will discuss how both established theories, as well as more novel ones, can inform practitioners in their analyses of exclusive dealing cases. The session will allow an even deeper assessment of the substantive economic questions raised in the plenary, and will furthermore benefit from a panel made up exclusively of economists.

4:45 p.m P=f(Q,Y,U).  Do Economists Speak the Same Language?

Hear Howard Shelanski, Director, Bureau of Economics, US Federal Trade Commission, and Kai-Uwe Kühn, Chief Competition Economist, European Commission present their views on how economists can bridge the gaps across jurisdictions to promote convergence.   Share your perspective on “hot topics” ripe for discussion across jurisdictions.  After opening presentations, Mr. Thomas Ross, Senior Associate Dean, Sauder School of Business, University of British Columbia will help lead a discussion on how best to involve economists in the work of the ICN.

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