Spring 2022 Enforcers Summit
On April 4, 2022, the Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) cohosted a Spring Enforcers Summit. Assistant Attorney General Jonathan Kanter and FTC Chair Lina M. Khan, as well as senior staff from both agencies, facilitated discussions on modernizing merger guidelines and interagency collaboration.
The summit was held in a hybrid format, with international enforcers and state attorneys general participating both in-person and virtually. Throughout the day, the agencies livestreamed several panel discussions and interviews to the public.
Press Release: Justice Department and Federal Trade Commission to Hold Joint Spring Enforcers Summit (March 10, 2022)
Date and Virtual Location
April 4, 2022
The event was free and open to the public and made available as a webcast.
Welcome and Q&A
Welcome by FTC Chair Lina M. Khan and Assistant Attorney General Jonathan Kanter
Q&A with Andrea Coscelli, Chief Executive, UK Competition and Markets Authority
Conversation #1: Merger Guidelines for Modern Economies
How should the merger guidelines be revised to account for today’s market realities? Which analytic tools continue to be effective? Which tools need to be adapted to align with current economic learning? Should one-size-fit-all when it comes to merger analysis across industries, or should there be different guidelines that address specific industry market dynamics, such as those in digital markets? Are the guidelines adequately attentive to the range of strategies and incentives that motivate acquisitions, including strategies to increase monopoly power through serial acquisitions or data aggregation?
Ken Merber, Advisor to the Chair, U.S. Federal Trade Commission
Gwendolyn Cooley, Assistant Attorney General, Wisconsin Attorney General’s Office / Chair, NAAG Antitrust Taskforce
Andreas Mundt, President, Bundeskartellamt, Germany
Hardin Ratshisusu, Deputy Commissioner, South African Competition Commission
Ricardo Riesco, National Economic Prosecutor, Fiscalía Nacional Económica, Chile
|11:20 a.m.–12:10 p.m.||
Conversation #2: Theories of Harm in Non-Horizontal Mergers
What are the mechanisms of harm that can arise from a merger other than an elimination of direct competition? How can these mechanisms be expressed in general guidance documents? Is it necessary for enforcers to describe ways in which the merged firm is likely to exercise market power post-merger (e.g., through foreclosure or predation), or is it sufficient to establish that the firm has the incentive and ability to do so? Should enforcers use different metrics when considering claimed cost savings or efficiencies that arise from non-horizontal mergers?
David Lawrence, Policy Director, U.S. Department of Justice
Reiko Aioki, Commissioner, Japan Fair Trade Commission
Michal Cohen, Director General, Israel Competition Authority
Olivier Guersent, Director General, European Commission Directorate General
Emilio Varanini, Supervising Deputy Attorney General, California Office of the Attorney General
Conversation #3: U.S. Enforcers
Doha Mekki, Principal Deputy Assistant Attorney General, U.S. Department of Justice
Rohit Chopra, Director, Consumer Financial Protection Bureau
Jonathan Kanter, Assistant Attorney General, U.S. Department of Justice
Lina Khan, Chair, U.S. Federal Trade Commission
Rebecca Slaughter, Commissioner, U.S. Federal Trade Commission
Conversation #4: Whole of Government Competition Policy: Lessons for Interagency Collaboration
How can competition enforcers work with local, state, and federal market regulators to curb anticompetitive mergers and conduct and pursue shared goals? What are opportunities and best practices for enforcers and regulators to collaborate, harnessing respective areas of expertise and legal tools? How might these partnerships help keep our analytical tools and market expertise fresh and relevant?
Patricia Brink, Senior Counsel Antitrust Division, U.S. Department of Justice
Liz Brady, Chief, Multistate Antitrust Enforcement, Florida office of the Attorney General
Manuel Haro, Head of the Investigative Authority, COFECE Mexico
Willard Mwemba, Director and Chief Executive Officer, COMESA Competition Commission
Margarida Matos Rosa, President, Portuguese Competition Authority