Author Archives: Mark Warner

On the Possibilities of Renegotiating NAFTA (March 7, 2008)

• “Leniency and Multijurisdictional Cartel Enforcement in Canada, the E.U. and the U.S.:  Risks and Rewards”, Paper presented to the University of Minnesota Law School Conference on Global Antitrust Law and Policy, Minneapolis.
• “Recent Developments in Antitrust:  A Global Review,” Panel Participant at the ABA Section of Business Law Annual Meeting, Washington, D.C. August.
• “Remarks on Competition Policy, Outreach and Technical Assistance” Presentation on behalf of the Business and Industry Advisory Committee to the OECD at the OECD Global Forum on Competition, Paris.
• “The Globalization of Antitrust Law:  Lessons From GE/Honeywell and Other Recent Developments,” Program Chair, Practising Law Institute (PLI) Web Conference on New York.
• Secretary of State’s Advisory Committee on Private International Law Study Group on Enforcement of Foreign Judgments” Washington, D.C.
• “International Antitrust for the U.S. Lawyer” Presentation to New York ACCA, New York.
• “Rising to the Challenges:  The Rule of Public Law and Regulators” Rapporteur’s Report to the Ditchley Park Competition Policy in a Globalized Economy Conference, Oxford.
• “Comity and Cooperation at the Crossroads: Rationalizing International Antitrust Enforcement” Speech to the 1998 Conference Board 1998 Antitrust Conference Program on “Antitrust Issues in Today’s Economy, New York City.
• “Cooperation Versus Centralization: Different Strokes for Different Folks” Paper presented to the Conference on Global Markets, Competition and Democracy: Objectives and Methods in the Allocation of Antitrust Enforcement Powers sponsored by the Universita Catholica del Sacro Cuore and Camera di Commercio Industria Artigianato E Agricoltura di Milano, Milan, Italy.
• “Extraterritorial Application of National Laws Regulating Business Activities”, Speech to Ditchley Foundation Conference on this theme, Oxford, U.K.

• “What Level Playing Field: How OECD Proposals Discriminate Against Developing Countries”, Speech to a Heritage Foundation and Friedrich Naumann Foundation Conference, Berlin.
• “The FTAA, Regional Trade Agreements and Small States: Risks and Opportunities”, Speech to a Landfall Centre Conference, Nassau, the Bahamas.
• “How OECD Tax Proposals Violate International Trade Norms”, Speech to the Center for Freedom & Prosperity Roundtable on International Tax Issues, Ottawa.
• “The Patriot Act: International Issues” Lecture, Finnis Terrae University, Santiago, Chile.
• “The Patriot Act: New Rules for Financial Institutions and Broker-Dealers – International Issues”, Presentation to Joint Hughes Hubbard & Reed LLP and Kroll Inc. Luncheon Program, Miami.
• “The Patriot Act and the Bank Secrecy Act: International Issues” Presentation to Joint Hughes Hubbard & Reed LLP and Kroll Inc. Luncheon Program, New York.
• “Offshore Finance:  What is the Future?” Speech to Caribbean Latin American Action Annual Meeting, Miami.
• “The OECD Harmful Tax Competition Initiative: A Violation of WTO Obligations”, Speech to the Capitol Hill Club, Washington, D.C.
• “The OECD Harmful Tax Competition Initiative:  A Discriminatory Policy” Presentation to the Panamanian Business Managers Association First Forum on the Competitiveness of Panama’s Service Export Industries, Panama City.
• “Competition Policy and Corporate Governance in a Globalized Economy: Are German and Japanese Interests Special?” Paper presented to an  International Conference on Japan and Germany in a Globalizing Economic Environment: Saving Institutional Strengths or Radically Converging on International Standards? Sponsored by Asia-Pacific Economic Research Institute and the Friedrich-Ebert-Stiftung (FES), Duisberg University – Mercatorhaus, Germany.

• “After Seattle: Is there a Future for Trade and Competition Policy Rule-making?” Keynote Address to the Third Annual Latin American Roundtable on Competition & Trade Policy Sponsored by the University of Miami School of Law and Steel Hector & Davis LLP, Coral Gables, Florida.
• “Exploring the GATS Implications of Integrating Competition Policy Disciplines into the WTO”, Paper presented to the World Services Congress, Atlanta.
• “Globalization and Human Rights: An Economic Model”, Paper Presented to a Brooklyn Law School Symposium on the Universal Declaration of Human Rights at 50 and the Challenges of Global Markets, Brooklyn.
• “Linkages and International Rule Making: Comparing the Trade/Investment and Trade/Competition Experience” Paper presented to the Conference on Linkage as a Phenomenon: An Interdisciplinary Approach organized by the American Society of International Law International Economic Law Interest Group, Washington, D.C.
• “The Devil’s Advocate or the Advocate’s Devil?: Determining the Status of Helms-Burton in International Law” Paper Presented to the Fall Meeting of the New York State Bar Association International Section International Trade Committee Monte Carlo, Monaco.
• “Competition Law and Comparative International Integration”, Paper presented to the American Society of International Law: International Economic Law Group Conference on Institutions for International Economic Integration, Washington, D.C.
• “Private and Public Impediments to Market Presence: Exploring the Investment – Competition Nexus”, Paper presented to a Joint Conference of the C.D. Howe Institute/Canadian Economics Association/Organization of Economic Cooperation and Development, Montréal, Canada.
• “Private and Public Restraints on Trade: Effects on Investment Decisions and Policy Approaches to Them”, Paper presented to the Trade Committee of the Organization for Economic Cooperation and Development, Paris.
• “Conditional National Treatment, Performance Requirements and Other Hobgoblins on the Hill”, Panel Discussion sponsored by the ABA Section of International Law and Practice, Washington, D.C.

• “The Regulated Conduct Defense: Old Whine, New Wine”, FMD Antitrust / Competition & Marketing Law Seminar, National Club, Toronto.
• “Monopolization in U.S. Antitrust Law: Cases and Developments”, Northwind Professional Institute Conference, Langdon Hall.
• “Key Competition / Antitrust Issues in Canada – U.S. Cross-Border Merger Notification and Review”, Association of Corporate Counsel Seminar, Toronto.
• “Key Differences Between U.S. and Canadian Antitrust / Competition Laws”, Association of Corporate Counsel Seminar, Toronto.
• “Empagran and Extraterritoriality – Should Foreign Cartel Victims Recover in U.S. Courts?”, Speech to a British Institute of International and Comparative Law Conference, London.
• “Investor-State Dispute Settlement under NAFTA” Speech to the Indiana University Kelley School of Business Conference on NAFTA and the Environment:  Doing Business in a Free Trade World, Indianapolis.
• “The Challenges of Integration for Competition Policy”, Speech to an Institute for Research on Public Policy Workshop on a Roadmap to North American Integration, Toronto, Canada.
• “Recent Changes in Hart-Scott Rodino:  What Every In-House Counsel Should Know” Presentation to New York ACCA, New York.
• “Trends in Defining and Proving Conspiracy:  Some International Reflections” Presentation to the Conference Board 2001 Antitrust Conference, New York.
• “NAFTA – The Report of the NAFTA Task Force on Competition, Jurisdiction and Harmonization”, ABA Section of Antitrust Law, Presidential Showcase Program, Annual Meeting, New Orleans.

• “EU Enlargement and Competition Law  Modernization: Are you ready?”, Speech to Cobbett’s Law Firm Conference, Manchester.
• “Mergers: Are the EU and U.S. Models Converging”, Speech to the British Institute for International & Comparative Law (BIICL), London.
• “Recent Developments in EU Merger Law: Grappling with Issues of Dominance”, Speech to the Competition Law Committee of the Northern Provinces, Johannesburg.
• “Recent Developments in European Competition Law,” Presentation to the European Affairs Committee of the USCIB, New York.
• “Overview of Expectations after Singapore of the Global Competition Regimes”, Speech to a Conference on Trade Policy and Competition, organized by the E.C. PHARE Multi-country Trade Development Programme, Bled, Slovenia.

• “Bilateral / Regional Competition Law: Barriers To Enforcement Cooperation”, UNCTAD / IDRC / FGV Seminar on Competition Law & Policy Sao Paulo.
• “Competition in the U.S., NAFTA and the WTO: Perspectives for the FTAA”, Speech to the Competition Defense Committee of the Brazilian Bar Association (OAB, Sao Paulo).
• “International Cartels:  An International Business Lawyer’s Perspective,” Speech to the IVth International Cartels Workshop, Rio de Janeiro.
• “Analysis and Perspective of Competition Policy in Brazil:  Lessons From the American Experience,” Speech to the Competition Commission of the Brazilian Bar Association, Sao Paulo.
• “International Cooperation on Competition Policy: The Experiences of Canada and the United States”, Panel Presentation to the ECLAC/OAS Seminar on Hemispheric Cooperation on Competition Policy, Santiago, Chile.
• “Cross-Border Cooperation on Competition Policy: What are the Issues?”, Panel Presentation to the ECLAC/OAS Seminar on Hemispheric Cooperation on Competition Policy, Santiago, Chile.
• “Competition Policy in Network Industries” Paper presentation to International Seminar on Competition and Regulation, Rio de Janeiro.
• “Pro-Competitive Regulatory Reform” Speech to the Ministerio de Hacienda y Crédito Público, Bogota, Colombia.
• “Trade and Competition: Where are we?  Where are we going?” Speech to the United Nations Economic Commission for Latin America and the Caribbean, Santiago, Chile.
• “Liberalizing Trade in Services: Negotiating Strategies and Pro-competitive Principles” Paper presented to Working Group on EU-Mercosur Negotiations Seminar: Towards an Agreement Between Mercosul and Europe, Sponsored by the Centro Brasileiro de Relaçõnes Internacionais (CEBRI) and the Institut D’Etudes Politiques, Rio de Janeiro, Brazil.
• “Competition Policy in MERCOSUR” Speech to an International Conference organized by the Foundation Konrad Adenauer and the Brazilian Administrative Board for Economic Defense (CADE), Brasilia, Brazil.
• “Multilateral Approaches to Competition Policy”, Paper Presented to an International Seminar on Competition Policies sponsored by INDECOPI, Lima.
• “Perspectives on Multilateral Competition Rules: The Interaction Between Trade and Competition Policies” Paper presented to a Seminar on Competition Policy and Integration: Defining Needs and Options organized by the European Institute for Public Administration and the European Center for Regional Integration Training, Montivideo, Uruguay.
• “Competition Policies and Industrial Organization”, Speech to the Conference on Competition Policies and the Reform Process in Latin America, organized by the Peruvian Presidency of the Organization of American States Working Group on Competition Policy in the FTAA, Lima, Peru.

• “Best Practices for Implementing Competition Policy”, Presentation to the State Anti-Monopoly Service Under the Auspices of the Ministry of Economic Development, Baku, Azerbaijan.
• “Competition Policy in Azerbaijan: New Trends and Recent Developments”, Remarks to the Conference on Azerbaijan Trade & investment Sponsored by the Ministry of Economic Development, Azerbaijan and Hosted by the EBRD, London.
• “Implementing Competition Policy  in Azerbaijan: Lessons from Abroad”, Remarks to the Centre for Economic Reform, Baku, Azerbaijan.
• “Competition Policy in the Global Economy” Speech to Tokyo American Center, Tokyo.
• “Strengthened Competition Policy:  Benefits for Consumers and Small and Medium-sized Businesses.”  Speeches to various business audiences in Nagoya, Osaka and Fukuoka, Japan.
• “Competition Policy: Institution Building” Speech to a Conference on Competition Policy Sponsored by the Thailand Development Research Institute and the United Nations Economic and Social Commission for Asia and the Pacific, Bangkok, Thailand.
• “Comparative Competition Law: Lessons for Indonesia”, Speech to an Asian Development Bank / US AID Symposium on Adopting a Competition Law in Indonesia, Jakarta, Indonesia.
• “Restrictive Business Practices and the Extraterritorial Application of Competition Laws” Paper presented to the Japan-United States Economic Relations Research Group of the University of Georgia and the University of Tokyo Conference on Prevention and Settlement of Economic Disputes Between Japan and the United States, Tokyo, Japan.
• “The Interface Between Competition Policy and Trade, Investment and Economic Development”, Speech to the Conference on Competition Policy in a Global Economy, organized by the International Bar Association, Confederation of Indian Industry, National Council of Applied Economic Research, University of Toronto and the World Bank, New Delhi, India.

• “The Relationship Between Domestic Competition Law Enforcement Institutions – International comparisons  / South African Insights”, Paper Prepared for the Sixth Annual South African Competition Law and Policy Conference, Witwatersrand University, Johannesburg.
• “Implications of Current Regional Trade Negotiations for the Multilateral Trading System: CETA and TPP and the Case of Intellectual Property”, Roundtable presentation, Mandela Institute, Witwatersrand University, Johannesburg.
• “The Rule of Law, Human Rights & Development in Africa”, Remarks to a Law Society of Upper Canada Public Education Equality Series Panel with the Canadian Association of Black Lawyers, Toronto.
• “State Intervention And Competition: A U.S. Lawyer’s Perspective”, Paper prepared for the Annual Meeting of the International Bar Association (IBA) Committee C, Durban.
• “Antitrust Issues In Distribution And Agency Networks: A U.S. Lawyer’s Perspective”, Paper prepared for the Annual Meeting of the IBA Committees C and M, Durban.
• “Competition Policy in Developing Countries” Speech to the IBA Conference on Competition Policy in a Global Context, Cape Town.
• “Supplementing Technical Assistance and Cooperation with Peer Review” Presentation to the WTO Regional Workshop on Competition Policy, Economic Development and the Multilateral Trading System, Cape Town.
• “Competition policy and small open economies: investment, trade and competition policy in developing countries and some implications for COMESA” Paper presented to an UNCTAD / COMESA Conference on the Relevance of Regional Integration, International Cooperation and the Contribution Of Competition Policy to Development in Comesa Countries, Lusaka, Zambia.
• “An African Charter for FDI!? or An African Charter for FDI?!: Reducing the Risks of African Investment” Paper presented to the Conference on Risk and Restraint: Reducing the Perceived Risks of African Investment” sponsored by the Oxford University Center for the Study of African Economies and the Harvard Institute for International Development, Cambridge, MA.
• “Reforming South African Competition Law: Lessons from Abroad – Principles from on High?”, Paper presented to the South African Black Lawyers’ Association, Johannesburg, South Africa.
• “Conglomerisation: What are the Competition Policy Options in a Jurisdiction with Extensive Conglomerisation?”, Conference Panel presented by Die Afikaanse Handelsinstituut, the University of South Africa, and the University of Pretoria, Pretoria, South Africa.

Discussing Criminal Antitrust Enforcement, Fines, Penalties & Leniency/Immunity Policies in Japan & The United States (October 29, 2001)