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Telecoms, Media and Technology

The Impact of EU Regulation on US Tech

How should US technology companies approach EU regulators?

Palo Alto |
Speakers include:
Nicholas Banasevic

Nicholas Banasevic

European Commission

Eric  Lipman

Eric Lipman

Uber

A. Douglas  Melamed

A. Douglas Melamed

Stanford Law School

Overview

Please join the Financial Times and Freshfields for a breakfast briefing aimed at senior executives of technology companies who are interested in the myriad implications of doing business in the EU. Hear insights from thought leaders and keynote Nicholas Banasevic, Head of Unit responsible for antitrust in the fields of IT, the internet and consumer electronics at the European Commission and case manager of the commission’s ongoing Google and Qualcomm investigations.

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fallback Add to my Calendar 12/06/2018 07:45:0012/06/2018 10:30:00falseThe Impact of EU Regulation on US TechPlease join the Financial Times and Freshfields for a breakfast briefing aimed at senior executives of technology companies who are interested in the myriad implications of doing business in the EU. Hear insights from thought leaders and keynote Nicholas Banasevic, Head of Unit responsible for antitrust in the fields of IT, the internet and consumer electronics at the European Commission and case manager of the commission’s ongoing Google and Qualcomm investigations.The-Impact-of-EU-Regulation-on-US-Tech6490620c0f336f467db8fa6c4d1164bcMM/DD/YYYY

Full Overview

The EU’s antitrust probes of US technology companies have been widely reported and commented on. Its recent ruling against Google – along with a €4.3bn fine – alleging abuse of its dominant position in mobile operating systems, its newly opened antitrust probe investigating Amazon’s marketplace business, and the ongoing battle over copyright protection between media companies and technology platforms are the most prominent examples. The outcomes of these probes will have a critical impact on the relationships between governments, companies and consumers.

This changing context introduces new risk for technology companies doing business in the EU. Antitrust probes are shifting from being reactive, prompted by competitor complaints, to more proactive ones. They often evolve into broad and costly investigations. The UK’s proposals on digital taxation and platform regulation present additional examples. Considering these shifts, what can US technology firms expect from EU and other jurisdictions’ regulators in the future? What are the potential – intended and unintended – outcomes for both sides?

Please join the Financial Times and Freshfields for a breakfast briefing aimed at senior executives of technology companies who are interested in the myriad implications of doing business in the EU. Hear insights from thought leaders and keynote Nicholas Banasevic, Head of Unit responsible for antitrust in the fields of IT, the internet and consumer electronics at the European Commission and case manager of the commission’s ongoing Google and Qualcomm investigations.

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Keynote Speaker (1)

Nicholas Banasevic

Nicholas Banasevic

Head of Unit in DG Competition
European Commission

Nick Banasevic is Head of Unit in the Directorate-General for Competition of the European Commission responsible for antitrust cases in the field of IT, the internet and consumer electronics. He is Case Manager of the European Commission's various Google investigations and wasinter aliaCase Manager of the Commission's Qualcomm, Motorola, Samsung, Intel and Rambus investigations. He previously worked in the same Unit as a Case Officer where he worked on the European Commission's Microsoft case. He has also been a Case Manager for merger cases in DG Competition, where he was responsible for managing cases in the fields of financial services and pharmaceuticals, and was inter aliathe Case Manager for the Deutsche Börse/NYSE Euronext case.

Speakers (5)

Eric  Lipman

Eric Lipman

Senior Counsel, Litigation and Global Competition
Uber

Eric Lipman is Senior Counsel for Litigation and Global Competition at Uber Technologies, Inc. He counsels the business on competition law issues, advises on mergers and acquisitions, and manages antitrust litigation worldwide. Immediately prior to joining Uber, Eric spent five years as an Assistant Attorney General
for the State of Texas, where he investigated and prosecuted violations of state and federal antitrust law, including representation of a 33-state group in the joint state/federal prosecution of Apple for price-fixing in the e-books market. Earlier in his career, Eric was a litigator at Cahill Gordon & Reindel in New
York, where he focused his practice on antitrust disputes. He also practiced with a boutique litigation firm in Austin, Texas; served as a Legal Analyst and Product Manager for Bloomberg Law; and clerked for the Honorable P. Kevin Castel of the United States District Court for the Southern District of New York. Eric received a JD from New York University School of Law, and a BA in Political Science from Emory University.

A. Douglas  Melamed

A. Douglas Melamed

Professor of the Practice of Law
Stanford Law School

Doug Melamed practiced law for 43 years before spending the 2014-15 academic year at the Law School as the Herman Phleger Visiting Professor of Law. He was appointed Professor of the Practice of Law in 2015.

From 2009 until 2014, Professor Melamed was Senior Vice President and General Counsel of Intel Corporation and was responsible for overseeing Intel’s legal, government affairs and corporate affairs departments. Prior to joining Intel in 2009, he was a partner in the Washington, D.C., office of WilmerHale, a global law firm in which he served as a chair of the Antitrust and Competition Practice Group. His practice included appellate and trial court litigation, counseling, and representing clients in matters before government law enforcement and regulatory agencies. He joined WilmerHale’s predecessor in 1971. From 1996 to 2001, Professor Melamed served in the U.S. Department of Justice as Acting Assistant Attorney General in charge of the Antitrust Division and, before that, as Principal Deputy Assistant Attorney General.

Professor Melamed has received numerous professional awards and honors. He has been the Distinguished Visitor from Practice and an adjunct professor at the Georgetown University Law Center, and he has authored numerous articles on antitrust and on law and economics. He is a member of the boards of directors of the Nasdaq exchanges and the American Law Institute and a Contributing Editor of the Antitrust Law Journal. He was for many years a member of the Yale University Council and a member of the board of trustees of Sidwell Friends School in Washington, D.C. After graduating from law school, he clerked for Judge Charles M. Merrill of the U.S. Court of Appeals for the Ninth Circuit.

Thomas Janssens

Thomas Janssens

Partner - Global Antitrust Practice Group Leader
Freshfields Bruckhaus Deringer LLP

Thomas Janssens heads our global antitrust, competition and trade practice group – a role he combines with his dynamic and broad client practice. In client mandates, he immerses himself in the business of his clients in order to provide innovative, tailored solutions to global antitrust issues. In leading our antitrust practice, he works with colleagues across the firm to apply our energy, thought leadership and values to stay on top of our game.

He advises on EU and international antitrust law, covering transactional and conduct matters as well as related litigation. Clients turn to Thomas for complex EU and international mandates, especially those requiring strategic management of cross-border challenges and parallel proceedings before several authorities. The nature of his work also involves leading teams of Freshfields lawyers and local counsel around the world.

Eric Mahr

Eric Mahr

Partner
Freshfields Bruckhaus Derringer

Eric Mahr is a partner in our Antitrust, Competition and Trade group, based in Washington, DC. Eric specializes in US antitrust litigation.

For the past 25 years, he has represented clients in complex, high-stakes cases at trial and on appeal in federal district and appellate courts throughout the United States. He has defended clients in civil and criminal investigations, enforcement actions, and other regulatory proceedings both in the United States (before the US Department of Justice and the Federal Trade Commission) and in Europe (before the European Commission and numerous national competition authorities). He has helped guide clients through second phase merger proceedings on both sides of the Atlantic, particularly where there was a significant potential for the relevant agency to challenge the transaction at issue.

From 2015 through 2017, Eric served as the Director of Litigation for the US Department of Justice's Antitrust Division. In that role, he oversaw the Division’s antitrust enforcement actions, with a focus on civil litigation and trials. The Division filed more than ten contested cases during his tenure, and prepared for litigation in many more. Of the cases filed, the Division tried three to final judgment and won them all (US v. Aetna/Humana, US v. Anthem/Cigna and US v. EnergySolutions/WCS). Eric was honored with the Attorney General’s Distinguished Service Award for the Aetna/Humana trial victory, and received the Assistant Attorney General’s Award of Distinction for serving as lead counsel in US v. United Continental/Delta (the Newark Slots matter).

Before his appointment as Director of Litigation, Eric spent twelve years as a partner in WilmerHale’s Washington, D.C. office, and four years in that firm’s Brussels office, where he practiced before the European Commission and various national competition authorities. He began his career as a Trial Attorney in the US Department of Justice, Civil Division, Federal Programs Branch, after clerking for the Honorable Raymond J. Broderick of the US District Court for the Eastern District of Pennsylvania.

Olivia  Radin

Olivia Radin

Partner
Freshfields Bruckhaus Deringer

Olivia Radin is a partner in the white collar and complex litigation group in New York. She is a member of the firm’s global investigations practice and has extensive experience investigating and defending corporate conduct.

Olivia focuses her practice on investigations involving the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), State Attorneys General, the New York State Department of Financial Services (NYSDFS) and other regulators. These investigations frequently involve allegations of fraud, market manipulation, market misconduct, antimoney laundering violations or Foreign Corrupt Practice Act (FCPA) violations. Olivia also advises organizations on civil securities fraud actions and commercial disputes.

Olivia received her JD from Columbia Law School, where she was a Kent Scholar and a manging editor of the Columbia Law Review, and she received her BA, cum laude, from Harvard University. She began her career in the financial services industry as a banker with Morgan Stanley, and following law school, Olivia clerked for the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. She is on the Development Committee of the Board of the Women White Collar Defense Association and is a member of the Federal Bar Council Inn of Court.

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Chair (1)

Richard Waters

Richard Waters

West Coast Editor
Financial Times

Richard Waters is the West Coast Managing Editor for the Financial Times. His beat covers the technology industry. Before moving to the West Coast, Mr Waters was based in the FT’s New York office for nine years. His roles there included Wall Street reporter, New York bureau chief, and the FT’s first information industries editor, overseeing global coverage of technology, telecommunications and media. Mr Waters previously worked at the FT in London where he held a number of positions, including editor of international capital markets, securities industry correspondent and accountancy and taxation correspondent. Before working for the FT, Mr Waters worked as a reporter and editor for several financial magazines. He also worked for two years at Lloyd’s Bank International. In 2004, Mr Waters was awarded Corporate Finance Reporter of the year for his coverage of Google’s IPO. He was shortlisted for the Business & Finance Reporter of the Year award at the British Press Awards in 2003 and won the award in 1992 as part of a team covering the BCCI scandal. In 1988, Mr Waters was named Accountancy Journalist of the Year.

Agenda - 6th Dec

  • 7:45am
    Guest arrival and buffet breakfast
  • 8:45am
    Chair’s opening remarks

    Richard Waters, West Coast Editor, Financial Times

  • 8:50am
    Welcome remarks

    Eric Mahr, Partner, Freshfields Bruckhaus Deringer

    Olivia Radin, Partner, Freshfields Bruckhaus Deringer

  • 9:00am
    Keynote address

    Nicholas Banasevic, Head of Unit in DG Competition, European Commission

  • 9:30am
    Panel Discussion: The impact of EU regulation on US tech

    The panelists will examine the potential direction of EU regulation and implications for US technology, including the following questions:

    • What is the best way for technology companies to address the challenges and opportunities created by regulatory pressures?
    • How can US companies succeed in the current regulatory landscape?

    Nicholas Banasevic, Head of Unit in DG Competition, European Commission
    Thomas Janssens, Partner - Global Antitrust Practice Group Leader, Freshfields Bruckhaus Deringer
    Eric Lipman, Senior Counsel, Litigation and Global Competition, Uber
    A. Douglas Melamed, Professor of the Practice of Law, Stanford Law School

    Moderated by: Richard Waters, West Coast Editor, Financial Times

  • 10:20am
    Chair’s closing summation

    Richard Waters, West Coast Editor, Financial Times

  • 10:30am
    Briefing concludes

VENUE

Four Seasons Silicon Valley
2050 University Ave.
Palo Alto CA 94303

United States of America

Tel: +1 650-566-1200

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Presented by (1)

The Financial Times is one of the world’s leading business news organisations, recognised internationally for its authority, integrity and accuracy. The FT marks 130 years in 2018 with a record paying readership of more than 940,000, three-quarters of which are digital subscriptions. It is part of Nikkei Inc, which provides a broad range of information, news and services for the global business community.

In association with (1)

Freshfields Bruckhaus Deringer LLP is a global law firm with a long-standing track record of successfully supporting the world's leading national and multinational corporations, financial institutions and governments on ground-breaking and business-critical mandates. Our 2,800 plus lawyers deliver results worldwide through our own offices and alongside leading local firms.  Our commitment, local and multi-national expertise and business know-how means our clients rely on us when it matters most.

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