14TH ANNUAL COMPETITION LAW AND ECONOMICS WORKSHOP 14–15 OCTOBER 2016 Anti-competitive effects: new ideas in law and economics
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Hilton Hotel Adelaide South Australia, Australia
For more information visit UniSABusinessSchool.edu.au/CLE ACCC.gov.au/about-us/conferences-events
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INVITATION On behalf of the School of Law at the University of South Australia and the Australian Competition and Consumer Commission we would like to extend an invitation to you to participate in the 14th Annual Competition Law and Economics Workshop, to be held at the Hilton Adelaide from Friday 14 to Saturday 15 October this year. The Workshop provides a unique opportunity to bring together competition law and the economic principles underlying competition policy. It connects key influencers and stakeholders both nationally and internationally. The Workshop acts as a forum for discussion and networking, and again this year the intersection of competition law and economics will be at the forefront of the Workshop’s agenda with a focus on anticompetitive effects and new legal and economic ideas in this area.
UniSABusinessSchool.edu.au/cLE
We look forward to seeing you in Adelaide in October.
Professor Marie Wilson Pro Vice-Chancellor (Business and Law) University of South Australia Business School
Rod Sims Chairman Australian Competition and Consumer Commission
The 14th Annual Competition Law and Economics Workshop is supported by
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SPEAKERS AND PANELLISTS Title
Position
Organisation
Dr
Arsenio Balisacan
Chairman
Philippine Competition Commission
The Hon. Justice
Anthony J. Besanko
Judge
Federal Court of Australia
Peter Campbell
Partner
HWL Ebsworth
Gina Cass-Gottlieb
Partner
Gilbert + Tobin
Caroline Coops
Partner
King & Wood Mallesons
Sarah Court
Commissioner
Australian Competition and Consumer Commission
Andrew Clarke
Group General Counsel and Company Secretary
Origin Energy
Torrin Crowther
Partner
Bell Gully
Tom Daemen
Director of Corporate, External and Legal Affairs
Microsoft Australia
Chris Decker
Research Fellow in Law and Economics, Centre for Socio-Legal Studies
Oxford University
Tanya Dunne
Deputy General Counsel, Mergers and Authorisation Law Unit
Australian Competition and Consumer Commission
Linda Evans
Partner
Clayton Utz
Roger Featherston
Commissioner
Australian Competition and Consumer Commission
John Fogarty
Judge
High Court of New Zealand
Bill Gallagher
General Counsel Corporate Affairs
Telstra
Lisa Gropp
Chief Economist
Business Council of Australia
Richard Home
General Manager, Economic Group
Australian Competition and Consumer Commission
John Mansfield QC AM
Judge (retired)
Federal Court of Australia
Jim McDowell
Chancellor
University of South Australia
Dr
The Hon. Justice
UniSABusinessSchool.edu.au/cLE
Name
The Hon.
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SPEAKERS AND PANELLISTS Title
Position
Organisation
David Morfesi
Research Fellow
University of South Australia, School of Law
Mark K. Moshinsky
Judge
Federal Court of Australia
Dave Poddar
Partner
Clifford Chance
Carl Shapiro
Transamerica Chair in Business Strategy and Professor
Haas School of Business, University of California, Berkeley
Rod Sims
Chairman
Australian Competition and Consumer Commission
Nick Taylor
Partner
Jones Day
Vicki Waye
Professor of Law
University of South Australia, School of Law
Rose Webb
Chief Executive Officer
Competition Commission (Hong Kong)
Professor
Philip Weiser
Executive Director, Silicon Flatirons Center for Law, Technology and Entrepreneurship
University of Colorado
Professor
Marie Wilson
Pro Vice-Chancellor (Business and Law)
University of South Australia Business School
Danielle Wood
Fellow
Grattan Institute
The Hon. Justice
Professor
Professor
Dr
UniSABusinessSchool.edu.au/cLE
Name
Graeme Woodbridge Chief Economist
Australian Competition and Consumer Commission
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PROGRAM OF EVENTS Anti-competitive effects: new ideas in law and economics Thursday 13 October 5:30 pm –
Welcome Evening at the Hilton Hotel Adelaide, 233 Victoria Square, Adelaide
7:00 pm
Friday 14 October 9:00 am
Registration
9:30 –
Introduction: The 14th Annual Competition Law and Economics Workshop
9:40 am
Professor Marie Wilson, Pro Vice Chancellor (Business and Law), University of South Australia Business School Sarah Court, Commissioner, Australian Competition and Consumer Commission
9:40 –
Opening: Enforcing Australia’s Competition Law – the Next Phase
10:15 am
Rod Sims, Chairman, Australian Competition and Consumer Commission Interviewer: Caroline Coops, Partner, King & Wood Mallesons
10:15 – 11:00 am
Keynote Address by Professor Carl Shapiro, Transamerica Chair in Business Strategy and Professor, University of California, Berkeley New ideas and challenges in competition law and economics in the US
11:00 am
Morning tea
11:30 –
International perspectives New ideas and challenges in competition law and regulation in the Asian region
12:30 pm
Dr Arsenio Balisacan, Chairman, Philippine Competition Commission Rose Webb, Chief Executive Officer, Competition Commission (Hong Kong) Nick Taylor, Partner, Jones Day Moderator: Dave Poddar, Partner, Clifford Chance 12:30 pm
Lunch
1:30 –
Economics The concept of ‘efficiency’ can mean different things to economists, lawyers and businesses. How is this dealt with in practice?
2:30 pm
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Lisa Gropp, Chief Economist Business Council of Australia Dr Chris Decker, Research Fellow in Law and Economics, Centre for Socio-Legal Studies, Oxford University Dr Graeme Woodbridge, Chief Economist, Australian Competition and Consumer Commission Moderator: Richard Home, General Manager, Economic Group, Australian Competition and Consumer Commission 2:30 pm
Afternoon tea
3:00 –
Business perspectives Confronting competition law regulation in business decision-making
4:00 pm
Bill Gallagher, General Counsel Corporate Affairs, Telstra Andrew Clarke, Group General Counsel and Company Secretary, Origin Energy Moderator: Sarah Court, Commissioner, Australian Competition and Consumer Commission Program continued over page
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PROGRAM OF EVENTS Anti-competitive effects: new ideas in law and economics 4:00 – 5:00 pm
Substantial lessening of competition Detailing the regulator’s approach to SLC, and a legal and economic commentary Speaker: Roger Featherston, Commissioner, Australian Competition and Consumer Commission Panel: Gina Cass-Gottlieb, Partner, Gilbert + Tobin Danielle Wood, Fellow, Grattan Institute Moderator: Peter Campbell, Partner, HWL Ebsworth
6:30 –
Dinner at the Mortlock Chamber, State Library of South Australia, North Terrace, Adelaide
10:30 pm
Address by Jim McDowell, Chancellor, University of South Australia After-dinner speaker The Hon. John Mansfield QC AM, Federal Court of Australia
Saturday 15 October 9:00 – 10:15 am
Mergers Merger challenges: views from an economic expert, a practitioner and a regulator, including a discussion of the Staples/Office Depot merger Professor Carl Shapiro, Transamerica Chair in Business Strategy and Professor, University of California, Berkeley Linda Evans, Partner, Clayton Utz Tanya Dunne, Deputy General Counsel, Mergers and Authorisation Law Unit, Australian Competition and Consumer Commission Moderator: Torrin Crowther, Partner, Bell Gully
10:15 am
Morning tea
10:45 –
Judicial perspectives
11:45 am
The Hon. Justice Anthony J. Besanko, Federal Court of Australia The Hon. Justice Mark K. Moshinsky, Federal Court of Australia The Hon. Justice John Fogarty, High Court of New Zealand Moderator: Professor Vicki Waye, Professor of Law, University of South Australia Business School
11:45 –
UniSABusinessSchool.edu.au/cLE
1:00 pm
Disruption: How does competition policy keep up with the pace of innovation? Professor Philip Weiser, Executive Director, Silicon Flatirons Center for Law, Technology and Entrepreneurship, University of Colorado Tom Daemen, Director of Corporate, External and Legal Affairs, Microsoft Australia Dr Chris Decker, Research Fellow in Law and Economics, Centre for Socio-Legal Studies, Oxford University Moderator: David Morfesi, Research Fellow, University of South Australia Business School
1:00 pm
Close David Morfesi, Research Fellow, University of South Australia Business School
1:15 pm
Lunch
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