The Digital Ecosystem: Innovation and Competition

September 28, 2022 | Presidential Suite, Union Station, Washington, D.C.

While the European Union is preparing to enforce the Digital Markets Act, there is ongoing discussion in the United States regarding how to address regulatory concerns related to digital markets, with various legislative proposals on the table. What are the broader implications of the Digital Markets Act? What is the best path forward for the United States?

9:00am – 9:30am

Registration and Breakfast

9:30am – 10:45am

Digital Markets, Innovation, and Competition: What Are the Right Tools to Address Existing Concerns?

In response to reports about practices in digital markets that are perceived to be detrimental to innovation and competition, legislators across the global are evaluating the right tools to address these concerns. Whereas in the European Union, targeted regulation was considered the most effective tool, in the United States, proposals have ranged from targeted legislation to suggestions calling for a complete overhaul of generally applicable antitrust laws.

What are the advantages or drawbacks of targeted legislation versus antitrust overhaul, and how should either inform the ongoing debate in the United States?

Moderator: Khushita Vasant

Chief Correspondent, US Antitrust, MLex Market Insight
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The Hon. Bill Baer

Visiting Fellow at The Brookings Institution
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Howard Shelanski

Professor of Law, Georgetown University
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Will Thibeau

Tech Policy Analyst at The Heritage Foundation
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Allen P. Grunes

Shareholder at Brownstein Hyatt Farber Schreck
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10:45am – 11:00am

Coffee Break

11:00am – 11:45am

Fireside Chat: The EU Digital Markets Act and its Implications for the United States

While the right tools for addressing concerns with digital markets are still being discussed in the United States, the European Union will soon begin enforcing the Digital Markets Act (DMA).

What effects, if any, will the DMA have in the United States, and how should legislators account for them when considering their own course of action?

Shelly Kramer

Principal Analyst and Founding Partner, Futurum Research
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Jacques Crémer

Professor, Toulouse School of Economics
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11:45am – 1:00pm

Big Tech and Mergers: How to Promote a Competitive and Innovative Digital Ecosystem?

The discussion around digital platforms often focuses on the inability of smaller companies to grow. Concurrently, resistance to mergers and acquisitions (M&As) undermines one of the essential tools that businesses have to enter new markets and achieve the necessary scale to compete with large incumbents.

What can be done to promote a competitive and innovative digital ecosystem? Does the U.S. need a more agile M&A review process to account for situations in which smaller firms are trying to compete against large platforms?

Moderator: Joshua Sisco

Antitrust Reporter, POLITICO
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John M. Taladay

Section Chair – Antitrust & Competition Law, Baker Botts
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Melanie Aitken

Managing Principal, Co-Head of Competition, Antitrust & Foreign Investment Practice, Bennett Jones (US) LLP
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Douglas Melamed

Professor, Stanford Law School and former Acting Assistant Attorney General, Antitrust Division United States Department of Justice
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Diana L. Moss

President American Antitrust Institute
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1:00pm – 2:00pm

Closing Remarks and Lunch