On June 17, 2016, the International Law Institute, jointly with the Heidelberg University Law Faculty and the Georgetown University Law Graduate and Transnational Program Office, held a symposium at Heidelberg University on the topic of Antitrust Law in Information Technology Markets, in the United States, Europe and the developing world, particularly in light of the legacy of ILI’s founder, Prof. Dr. Heinrich Kronstein.

Below you can read the Symposium announcement, including Agenda and speakers and panelists bios. You can also click the links below for the following documents.


HEIDELBERG ANTITRUST SYMPOSIUM 2016

DATE: Friday, June 17, 2016, 9:00 - 16:00h

LOCATION:
Heidelberg Center for American Studies, Curt und Heidemarie Engelhorn Palais, Hauptstrasse 120, Heidelberg, Germany

The International Law Institute ("ILI"), Washington, DC, the Heidelberg University Law Faculty, Heidelberg, Germany, and the Georgetown Law Graduate and Transnational Programs Office, Washington, DC, are pleased to announce a Conference on:

ANTITRUST LAW IN INFORMATION TECHNOLOGY MARKETS

The Conference will take place from 9:00 until 16:00h on Friday, June 17, 2016.  Prof. Don Wallace, Jr., Chairman of ILI, and Prof. Dr. Peter-Christian Mueller-Graff, Heidelberg Law Faculty, will preside at the event.

The symposium is a sequel to the symposium held at Heidelberg in May 2014 which honored the legacy of Prof. Dr. Heinrich Kronstein, addressed his past and future impact on antitrust law, and served to organize the continuation of the work and spirit of the Kronstein Kreis.

An AGENDA for the Symposium appears immediately below. 

Attendees will have the chance to put questions to the panels.  It is anticipated that the Symposium will be most enlightening for practitioners interested in antitrust law, particularly as it relates to technology markets, as well as individuals who were part of the Heinrich Kronstein Kreis.

Please advise Christina von Busch, This email address is being protected from spambots. You need JavaScript enabled to view it., no later than June 9, whether you plan to attend, with a copy to Jason Everett at ILI, This email address is being protected from spambots. You need JavaScript enabled to view it.

For anyone needing hotel accommodations in Heidelberg, please click on the following link to access the Convention & Visitors Bureau Hotel Reservation Form.

 


About ILI

The International Law Institute was founded in 1955 as part of Georgetown University. Since 1983, ILI has been an independent, non-profit training institution.

ILI offers training to assist government officials, practitioners and the private sector in finding solutions to the legal and economic challenges faced by developing nations and emerging economies. More than 30,000 participants, from over 186 countries, have been trained by ILI and its global affiliates.

About Heidelberg University Law Faculty

Heidelberg Law Faculty was founded in 1386 by Elector Ruprecht I and is the oldest and leading Law Faculty in the Federal Republic of Germany with 2,500 students, who originate mainly from Germany, but also from all over the world.

About Georgetown Law Graduate and Transnational Programs Office

Georgetown University Law Center is one of the world´s premier law schools, pre-eminent in multiple areas, including constitutional, international, and tax law.  The Graduate Programs Office offers numerous LL.M programs, several dual degree programs with major international universities, and an S.J.D. program, enrolling 400 or more students from 60 countries annually. The Office of Transnational Programs sponsors numerous transnational programs on-campus, as well as international study abroad opportunities.


AGENDA

Heidelberg Symposium 2016

ANTITRUST LAW IN INFORMATION TECHNOLOGY MARKETS

Heidelberg University

Friday, June 17, 2016, 9:00-16:00h

 

I.  Introductory Remarks

- Prof. Dr. Peter-Christian Mueller-Graff, Heidelberg University Law Faculty.

- Prof. Don Wallace, Jr., Chairman, International Law Institute; Faculty,
  Georgetown University Law Center, Washington, DC.

II.  Panel 1:  Antitrust, Technology Companies, and Shifting Norms:  How Far Apart are the US and EU? (9-11h)

    • Divergence of norms between the United States and the European Union; how does this affect the antitrust analysis?
    • How should we view the antitrust actions against large high tech firms in light of Heinrich Kronstein's legacy?

- Prof. William Evan Kovacic, Faculty, George Washington University Law School, Washington, DC;
  Former Chairman, U.S. Federal Trade Commission.

- Dr. Markus Roehrig, Partner, HengelerMueller, Brussels. 

- Ms. Sarah Zinndorf, Dr. Jr. Candidate, Heidelberg University.

III.   Panel 2:  Developing a Modern Approach to Antitrust Legislation: How emerging economies are (and should be)
        managing dominant tech firms and the market
(11-13h)

    • In light of the high-tech climate, what could China, India, and other emerging economies take from the application of antitrust law of the EU and the US to tech giants?
    • Structuring antitrust measures in light of the dynamic tech marketplace.

- Prof. Christopher S. Yoo, Faculty, University of Pennsylvania Law School, Philadelphia, PA.                  

- Prof. Dr. Frank P. Maier-Rigaud, Head of Competition Economics Europe, NERA Economic Consulting,
  Berlin and Brussels; IESEG (LEM-CNRS), Paris.                 

- Dr. Jingwen Zhu, Partner, Winston & Strawn, Hong Kong.

IV.  Panel 3:  The Horizon: Trends in Tech and the Future of Antitrust (14-16h)

    • The marketplace of large technology firms is constantly shifting, dominance is fleeting, and new innovations and firms are always challenging the status quo.  In light of this and recent antitrust proceedings, what does the future hold for both the marketplace and the industry?

- Prof. William Evan Kovacic.

- Mr. Boris Wenger, Partner, Froriep, Zuerich.

- Dr. Rainer Becker, DG Competition,  European Commission.

V.  Closing Remarks

- Prof. Dr. Peter-Christian Mueller-Graff.

 

 


SPEAKERS AND PANELISTS

DR. RAINER BECKER is acting head of unit in the policy and strategy directorate of the European Commission's DG Competition. His unit is in charge of coordinating the Commission's antitrust and cartel cases and of developing competition policy in this area. In this function, he is involved in all major EU antitrust cases.

Dr. Becker previously served in several positions within DG Competition, working in particular on the EU's legislative initiative on private damages actions, and in operational units of the authority handling antitrust and merger matters in different industries. Before joining the Commission in 2004, he was a lawyer of the Brussels and Cologne bars and a senior associate in a major international law firm. He advised clients across a range of industries on European and German merger control, antitrust and cross-border litigation matters.

Dr. Becker has published and spoken widely on various issues of antitrust law, general EU law and comparative law, and occasionally lectures at Heidelberg University. Born in 1969, he studied Law, and Spanish & French literature at universities in Germany, Spain and Canada and holds Ph.D. (Trier), LL.M. (McGill) and Ass./Ref. iur. (Rh. Pfalz) degrees in law. He is fluent in German, English, French and Spanish.

PROF. WILLIAM E. KOVACIC is Global Competition Professor of Law and Policy, Professor of Law, and Director, Competition Law Center at the George Washington University Law School, Washington, DC.  Before joining GW Law School in 1999, Prof. Kovacic was the George Mason University Foundation Professor at the George Mason University School of Law.  From January 2006 to October 2011, he was a member of the U.S. Federal Trade Commission and chaired the agency from March 2008 to March 2009. He was the FTC's General Counsel from June 2001 to December 2004. In 2011 he received the FTC's Miles W. Kirkpatrick Award for Lifetime Achievement.

Since August 2013, Prof. Kovacic has served as a Non-Executive Director with the United Kingdom's Competition and Markets Authority. From January 2009 to September 2011, he was Vice-Chair for Outreach for the International Competition Network. He has advised many countries and international organizations on antitrust, consumer protection, government contracts, and the design of regulatory institutions, and is the author of numerous articles on the subject of competition.  He received his B.A. from Princeton University and his J.D. from Columbia University Law School.

PROF. Dr. FRANK P. MAIER-RIGAUD is Director and the Head of NERA's European Competition Economics Group. He has over 15 years of competition experience across all sectors encompassing all areas of competition economics, notably competitive effects of mergers, cartels, quantification of damages, abuse of dominance, state aid, and vertical and horizontal restraints. His research also addresses issues concerning the quantification of damage, the competitive effects of loyalty schemes/rebates and cartels, as well as behavioral and structural remedies.

He is a Full Professor in the Department of Economics and Quantitative Methods at the IÉSEG School of Management Paris and the Université Catholique de Lille, and a member of LEM-CNRS, the French Centre National de la Recherche Scientifique. Leading a team of over 25 professional competition economists mainly in the Brussels, London, Berlin and Paris offices of NERA, he works on a wide range of EU and EU Member State competition cases including for example the largest damages case brought so far in the EU, the appeal of the EU merger decision in the Telefónica Deutschland/ E-Plus case in front of the European Courts and large EU merger projects such as the GE/Alstom transaction.

Dr. Maier-Rigaud was a Senior Economist of the Directorate General for Competition of the European Commission, where he was responsible for the review and scrutiny of hundreds of antitrust and merger decisions, the peer review panels and the sector inquiry framework. He led among the largest European Commission inspection teams comprised also of members of the French, German, and UK authorities on dawn raids and was involved in cases such as ENI, Intel, Prokent/Tomra, Réel/Alcan Pechiney, MasterCard, Oracle/PeopleSoft, and Sony/BMG. He appeared on behalf of the European Commission at numerous conferences, in case hearings, and before the European courts. As a Senior Economist in the Policy and Decision Scrutiny Directorate, he was involved in the Article 82 (now 102) review, the project group on services of general economic interest that laid the foundations for a more economic approach in state aid control and was the responsible economist in the early phases of the private enforcement/ damages claims initiative.

Dr. Maier-Rigaud was also Senior Economist at the Competition Division of the Organisation for Economic Co-operation and Development (OECD) where he oversaw the Working Party on Competition and Regulation, the tri-annual meetings of OECD member and observer country competition authorities on technical economic and regulatory competition issues.

Dr. Maier-Rigaud is member of the advisory board of Wirtschaft und Wettbewerb the oldest competition law journal in Europe. He teaches courses in Industrial Organisation, Competition Policy, Public and Regulatory Economics and Experimental Economics and publishes prolifically in these areas. Among other journals, OECD publications, and books, his work has appeared in the Antitrust Law Journal, the European Competition Journal, the European Competition Law Review, the Journal of Competition Law and Economics, the Journal of European Competition Law and Practice, the Journal of Conflict Resolution, the Journal of Economic Behavior and Organization, the Journal of Institutional Economics and Wirtschaft und Wettbewerb. He also won the 2014 Concurrences Antitrust Writing Award in the Category Business Economics for his work on retail price maintenance.


PROF. DR. PETER-CHRISTIAN MUELLER-GRAFF is full professor for Private, Business, European and Comparative Law and Director of the Institute for Corporate and Business Law at Heidelberg University (IGW). He is chairman of the German Association of Law Faculties since 2013, chairman of the German European Studies Association since 2002 and counsel of several ministries. He is author of many books and articles on Business Law (including Antitrust) and European Union, Private and Comparative Law. He is or has been also a visiting professor at several foreign universities, among them Georgetown University Law Center and Cornell University Law School, Nancy and Bordeaux, Zürich and Vienna, Cracow and Budapest, the College of Europe Bruges/Natolin and Nihon (Tokyo).


After graduating from Tübingen University Law Faculty (First State Exam) he studied at Cornell Law School, clerked at different courts and at the European Commission, acquired the qualification to sit as judge (Second State Exam), concluded his doctorate and his habilitation at Tübingen University, was appointed as professor of law at Cologne University in 1982 and as Judge at the Court of Appeals (Private Law and Competition Law) in 1985. In 1986 he joined the Trier University Law Faculty and in 1994 the Heidelberg University Law Faculty where he served as Dean from 1999 to 2004. He also served as Counsel to the European Constitutional Convention and represented the Federal Republic before the European Court of Justice.

DR. MARKUS ROEHRIG is an antitrust partner at Hengeler Mueller in Brussels. He holds a doctorate degree from the University of Cologne and a master's degree from Georgetown University Law Center in Washington, DC. He has authored several articles and spoken at various conferences on antitrust law. Dr. Röhrig is admitted to practice in Germany and in New York. He frequently advises clients on the European and German antitrust and merger control laws. He represents companies before the European Commission, the Federal Cartel Office, as well as the European and German courts. Over the past years, he has been heavily involved in international cartel cases, internal antitrust compliance investigations, and in strengthening companies' compliance policy and culture.

PROF. DON WALLACE, JR. is Chairman of the International Law Institute, Washington, DC, and Professor at Georgetown University Law Center.  Prof. Wallace was the Regional Legal Advisor for the Middle East and Deputy Assistant General Counsel to AID in the Department of State from 1962-66, a founding board member of the International Development Law Organization in Rome, and has been the head of the International Law Institute since 1970.  He chaired the Advisory Committee on World Trade and Technology to the Office of Technology Assessment of the U.S. Congress from 1976-79, and is currently a member of the Secretary of State's Advisory Committee on Private International Law, a U.S. Delegate to UNCITRAL, and a correspondent of UNIDROIT and the vice president of the UNIDROIT Foundation in Rome. He has also been chair of the Section of International Law and Practice of the American Bar Association and a member of the ABA House of Delegates.

Recent and current activities also include assisting Rwanda with the preparation of its constitution and commercial law, teaching in China, directing a research and exchange project with Russia, serving on boards involving academic activities in Egypt, in Indonesia, in Serbia and in Bulgaria, and the advisory board of the ABA Rule of Law Initiative (ROLI).  He has been on the roster of World Trade Organization (WTO) panelists.  He is the author of books and articles.  He received his B.A. from Yale University and his LL.B. from Harvard Law School.

MR. BORIS WENGER is a partner with Froriep in Zurich and heads the firm's competition group. His practice focuses on all aspects of Swiss and European competition law. He acts as counsel in competition law matters before competition authorities, civil courts and arbitral tribunals. Alongside his competition law practice, he also has considerable experience advising on matters of public commercial law, such as public procurement, customs and export control matters.

He obtained his law degrees from the University of Basel in 1996 (lic. iur.) and from Stanford Law School (JSM) in 2002. He was admitted to the Zurich Bar in 2001. Previously, he served as a teaching assistant at the University of Basel. He is a frequent speaker and he publishes regularly on various topics of competition law.

PROF. CHRISTOPHER S. YOO is the John H. Chestnut Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition at the University of Pennsylvania.  His research focuses on the insights that the principles of network engineering and imperfect competition provide into the regulation of the Internet and intellectual property.  He is building an innovative integrated interdisciplinary program designed to produce a new generation of professionals with advanced training in both law and engineering.  He is leading a major study comparing competition policy in China, Europe. and the U.S.  He is also the primary organizer of an empirical analysis of innovative ways on connecting more of the world the Internet. 

Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.  He also practiced law with Hogan & Hartson (then Hogan Lovells) under the supervision of now-Chief Justice John G. Roberts, Jr.  He also served as a professor at the Vanderbilt Law School, where he led the Technology and Entertainment Law Program.  He is a graduate of Harvard College, the Anderson School at UCLA, and the Northwestern University School of Law.  The author of four books and more than seventy articles and book chapters, Professor Yoo testifies frequently before Congress, the Federal Communications Commission, the Federal Trade Commission, and foreign regulatory authorities. 

DR. JINGWEN ZHU is a partner of Winston & Strawn Hong Kong & China. She advises international corporations on merger notifications, antitrust  investigations, private antitrust litigation, antitrust counseling, commercial strategy, and compliance. She also has experience in state-owned monopolies, privatization of infrastructure, and subsequent sector regulation. She advises clients in a wide range of sectors ranging from air and maritime transportation, health care, insurance, telecommunication, luxury goods, leisure and hospitality to diverse manufacturing activities. Dr. Zhu has been ranked as a leading competition lawyer by International Financial Law Review (Hong Kong) 2012-2016. She received her doctorate degree (Dr. jur. summa cum laude) from University of Munich.

MS. SARAH ZINNDORFis a Doctor of Laws candidate at the University of Heidelberg and currently works as Legal Trainee (Referendarin) at the Higher Regional Court in Frankfurt am Main.

In her doctoral thesis she analyzes the application of E.U. Antitrust Law on search engine markets, focusing on the Google case and the vertical integration of specialized search services. For her research she has been granted a scholarship from the Episcopal Foundation Cusanuswerk

After graduating from Heidelberg Law School (First State Exam) in 2012, she worked as Research Associate at the Institute of German and European Corporate and Business Law for Professor Peter-Christian Müller-Graff. In 2013 she was Visiting Researcher at the University of Chicago Law School (supported by the German Academic Exchange Service) where she worked closely with Professor Randal C. Picker.