AI and Antitrust: A Cross-Border Comparison (Presented by the Federal Bar Association Antitrust & Trade Regulation Section)

Cecilia Cheng | United States Department of Justice, Antitrust Division

Cecilia Cheng serves as Counsel to the Assistant Attorney General in the United States Department of Justice, Antitrust Division. She was an inaugural Rill Fellow at DOJ Antitrust and has been involved in the DOJ’s criminal, civil, and appellate efforts. Cecilia represents the DOJ in the DOJ’s and FTC’s statements of interest regarding alleged algorithmic price fixing.

Justin Murphy | Baker Hostetler

Justin Murphy is a partner in Baker Hostetler’s Washington, D.C. office and is the leader of the firm’s Cartel and Government Antitrust Investigations Task Force. Justin focuses his practice on government enforcement of complex antitrust, fraud and white-collar criminal matters. A former federal prosecutor with the Department of Justice for 6 years, he advises corporate and individual clients involved in antitrust and other white collar investigations, including bid-rigging, price fixing, procurement fraud, and labor market practices in a broad range of industries. He served as trial counsel in the first ever criminal no poach market allocation case, where his client was acquitted on all counts.

Hendrik Viaene | McDermott Will & Emery

Hendrik Viaene focuses his practice on competition law, regulated markets and regulatory law. He advises clients across a wide range of competition issues (state aid, cartels, licensing agreements, merger filings, M&A negotiations, abuse of dominance cases, distribution agreements), and on the Foreign Subsidies Regulation.

Hendrik assists governments as well as privately and publicly owned companies. He has a wealth of experience in a range of sectors such as energy, chemicals, paints, automotive, financial data, recycling and waste management, telecom, construction, renewables, media, private equity and the financial industry. Hendrik represents companies before national competition authorities and before the European Commission. He also assists governments and companies on defense strategies as well as compliance programs to avoid fines or having to refund or recover state aid.

Hendrik has successfully guided clients through first and second phase investigations in merger clearance proceedings before competition authorities across the globe. He also counsels clients on compliance audits, immunity and leniency initiatives, and general risk avoidance in relation to competition law. Hendrik has additional experience in intellectual property rights licensing initiatives specifically with regard to restrictions imposed by competition law.

During his career he has represented clients in proceedings before the European Commission, the European Court of Justice, the Belgian Competition Authority, the Brussels Court of Appeals, the New Caledonian Competition Authority, the Paris Court of Appeals, and the Luxembourg Competition Authority. He acted as co-counsel for other clients for most major competition authorities worldwide, and he also audited a number of competition authorities’ operations and output as a subject matter expert.

• Hendrik is managing partner of the Firm’s Brussels office.
• Education: King’s College London, LLM European Law, 1999; University of Gent, MA Law, 1998

Moderator, Jennifer Driscoll | Robinson & Cole

Jennifer M. Driscoll is Counsel at Robinson & Cole and Co-Chair of the firm’s Antitrust and Trade Regulation Team. Her practice focuses on antitrust and government investigations. She has been recognized by the Legal 500 for her expertise in cartel investigations and merger work. Jen also works on cybersecurity and data privacy matters. She is a Certified Privacy Professional in the U.S. and EU.

I. Panel/Introduction including AI and Generative AI Explained| 2:00pm – 2:10pm

II. U.S. Antitrust Agencies | 2:10pm – 2:20pm

III. U.S. Private Litigation | 2:20pm – 2:30pm

IV. EU | 2:30pm – 2:40pm

V. Panel Discussion and Practical Take Aways | 2:40pm – 2:50pm

VI. Q&A | 2:50pm – 3:00pm