The Legal 500
Innovation and Competition Law
June 15 2023
TRT - Turkey Time (UTC +3:00)
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Innovation and Competition Law
This webinar, brought to you by The Legal 500 and ELIG Gürkaynak Attorneys-at-Law, will cover a broad range of issues regarding how innovation considerations affect or should affect competition law assessment and will be of interest to both GCs and business owners alike.
The discussion will take place with Dr. Gönenç Gürkaynak, founding partner of ELIG Gürkaynak Attorneys-at-Law; Dr. Jorge Padilla, and Ms. Rachel Brandenburger, some of the world’s leading experts in competition law. Dr. Jorge Padilla is the senior managing director and head of Compass Lexecon Europe, professor of competition economics at the Barcelona Graduate School of Economics and research fellow at the Centro de Estudios Monetarios y Financieros. Ms. Rachel Brandenburger is the global senior advisor to APCO Worldwide, a visiting research fellow at the University of Oxford’s Institute of European & Comparative Law, and a non-governmental advisor to the International Competition Network and the Executive Committee of the New York State Bar Association’s Antitrust Section.
Some of the topics addressed will include:
- Innovation and Merger Control: New Theories of Harm, Killer Acquisitions and Nascent Competition, Structural Presumptions, Efficiency Defenses and Remedies
- Defining/Measuring Innovation
- Innovation and Market Definition
- Innovation, Market Power and Abuse of Dominance
- U.S. and EU Agencies’ Approach to Innovation Considerations
Gönenç Gürkaynak, founding partner, ELIG Gürkaynak Attorneys-at-Law
Dr. Gönenç Gürkaynak is the founding partner of ELIG Gürkaynak Attorneys-at-Law, a leading law firm of 95 lawyers based in Istanbul, Turkey. Dr. Gürkaynak graduated from Ankara University, Faculty of Law in 1997 and was called to the Istanbul Bar in 1998. Dr. Gürkaynak received his LL.M. degree from Harvard Law School, and he has received his Doctor of Philosophy in Law (PhD) degree from University College London (UCL) Faculty of Laws. Before founding ELIG Gürkaynak Attorneys-at-Law in 2005, Dr. Gürkaynak worked as an attorney at the Istanbul, New York and Brussels offices of a global law firm for more than eight years. He was admitted to the American Bar Association in 2002; New York Bar in 2002 (currently non-practising; registered); Brussels Bar in 2003 – 2004 (B List; not maintained); Law Society of England & Wales, 2004 (currently non-practising; registered).
Dr. Gürkaynak heads the competition law and regulatory department of ELIG Gürkaynak Attorneys-at-Law. He has unparalleled experience in Turkish competition law counselling issues with more than 25 years of competition law experience, starting with the establishment of the Turkish Competition Authority. Every year, Dr. Gürkaynak represents multinational companies and large domestic clients in more than 35 written and oral defences in investigations of the Turkish Competition Authority, about 15 antitrust appeal cases in the high administrative court and over 85 merger clearances of the Turkish Competition Authority, in addition to coordinating various worldwide merger notifications, drafting non-compete agreements and clauses, and preparing hundreds of legal memoranda concerning a wide array of Turkish and European Commission competition law topics.
Dr. Gürkaynak frequently speaks at conferences and symposia on competition law matters. He has published more than 200 articles in English and Turkish with various international and local publishers.
Jorge Padilla, Senior Managing Director, Head of Compass Lexecon Europe, Member of the Global Executive Committee
Dr. Padilla earned M. Phil and D. Phil degrees in Economics from the University of Oxford. He is Research Fellow at the Centro de Estudios Monetarios y Financieros (CEMFI, Madrid) and teaches competition economics at the Toulouse School of Economics (TSE).
He has given expert testimony before the competition authorities and courts of several EU member states, as well as in cases before the European Commission. Dr. Padilla has submitted written testimony to the European General Court, and the UK Competition Appeals Tribunal in cartel, merger control and abuse of dominance cases. He has also given expert testimony in various civil litigation (damages), international arbitration cases, and competition cases in non-EU jurisdictions (Argentina, Australia, Brazil, Canada, Chile, China, Colombia, India, Israel, Jamaica, Singapore, South Africa, Turkey, and the United States).
Dr. Padilla has written numerous papers on competition policy, industrial organization and finance in the Antitrust Bulletin, the Antitrust Law Journal, the Economic Journal, the Energy Journal, the European Competition Journal, the European Competition Law Review, the Fordham International Law Journal, Industrial and Corporate Change, the International Journal of Industrial Organization, the Journal of Competition Law and Economics, the Journal of Economics and Management Strategy, the Journal of Industrial Economics, the Journal of Economic Theory, the RAND Journal of Economics, the Review of Financial Studies, the University of Chicago Law Review, and World Competition.
Member of the Board of Trustees of the Fide Foundation.
He is also co-author of The Law and Economics of Article 102 TFEU, 3rd edition, Hart Publishing, 2020.
Rachel Brandenburger, Global Senior Advisor to APCO Worldwide
Rachel Brandenburger is a globally recognized international competition and regulatory policy advisor. She works at the interface of business and government. She is a trusted advisor to board and senior executives in businesses and governments around the world and has advised on many high-stakes mergers and acquisitions, investigations, and other strategically important projects across a wide range of industry sectors and countries.
Ms. Brandenburger has an international outlook and experience of living and working in the U.K., Europe, and the U.S. She was special advisor, international to the U.S. Department of Justice’s Antitrust Division, based in Washington D.C. (2010-2013), and has also been a partner in Freshfields Bruckhaus Deringer LLP, based in Brussels and London and a senior advisor & foreign legal consultant to Hogan Lovells US LLP, based in New York.
As special advisor, international to the U.S. Department of Justice’s Antitrust Division Ms. Brandenburger advised on over 50 investigations that involved cooperation between the Division and many other antitrust agencies around the world; the formulation of cooperation protocols between the U.S. antitrust agencies and (i) the European Commission (ii) the Chinese antimonopoly agencies and (iii) the Competition Commission of India; Organization of Economic Cooperation and Development and International Competition Network cooperation and transparency initiatives; and the Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership proposals. She also participated in many bilateral and multilateral meetings between the leaders of the U.S. antitrust agencies and other agencies around the world.
Ms. Brandenburger is also a visiting research fellow at the University of Oxford’s Institute of European & Comparative Law, University of Oxford, where she created and teaches seminars on the global dimension of competition law and policy. Her recent (co)authored publications include papers on Brexit, the digital economy, foreign investment and competition law and policy developments in China, Germany, and the U.K.
Ms. Brandenburger is a non-governmental advisor to the International Competition Network, a member of the Advisory Board of the American Antitrust Institute, and the Executive Committee of the New York State Bar Association’s Antitrust Section. She also holds non-executive board/trustee positions in several organizations in the U.S. and U.K., including the American Friends of the British Council, Equality Now—whose mission is “creating a just world for women and girls”—and the University of Oxford Law Foundation.