40 Washington Square South
New York
NY
10012
Event Description
The Â鶹´«Ã½ Trade Commission held the eighth session of its Hearings Initiative with a one-day hearing at the New York University School of Law in New York City on December 6, 2018.
The day’s panels examined concerns that acquisitions and holdings of non-controlling ownership interests in competing companies, for example by institutional investors, may have anticompetitive effects.
Some recent econometric studies have concluded that when investors hold stock in competing firms, competition may be reduced among those commonly held competing firms. The Commission invites public comment on this issue, including on the questions listed below.
- What is the state of the econometric and qualitative evidence for and against the proposition that such common ownership reduces competition?
- To what extent do the results suggest that this harm to competition extends to concentrated industries more generally?
- Is any likely harm limited to concentrated industries or does it extend to holdings in unconcentrated industries?
- What are the potential mechanisms by which such stock holdings would lead to anticompetitive harm, and how likely are they to lead to anticompetitive results?
- To what extent do institutional investors have the incentive and opportunity to affect corporate governance, particularly regarding competitive decision-making? How is such influence exercised?
- What enforcement and policy responses should be adopted in light of the existing evidence?
- What additional research should be undertaken on this issue?
- What data would be most useful to answer the question of whether common ownership reduces competition in concentrated industries?
and should be submitted no later than January 15, 2019. If any entity has provided funding for research, analysis, or commentary that is included in a submitted public comment, such funding and its source should be identified on the first page of the comment.
Disability Language
The FTC Hearings on Competition and Consumer Protection in the 21st Century will accommodate as many attendees as possible; however, admittance will be limited to seating availability. Reasonable accommodations for people with disabilities are available upon request. Request for accommodations should be submitted to Elizabeth Kraszewski via email at ekraszewski@ftc.gov or by phone at (202) 326-3087. Such requests should include a detailed description of the accommodation needed. Please allow at least five days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.
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Corporate Governance, Institutional Investors, and Common Ownership
8:45-9:00 am
Welcome
Trevor W. Morrison
Dean
New York University School of Law9:00-10:00 am
Opening Remarks and Discussion
Commissioner Noah Joshua Phillips
Â鶹´«Ã½ Trade CommissionCommissioner Robert J. Jackson Jr.
Securities and Exchange Commission10:00-10:10 am
Break
10:10-12:10 pm
Institutional Investors, Diversification, and Corporate Governance
Participants:
Allison A. Bennington
ValueAct CapitalKenneth Bertsch
Council of Institutional InvestorsHeather Slavkin Corzo
AFL-CIO
Principles for Responsible InvestmentHolly J. Gregory
Sidley Austin LLPDavid Hirschmann
United States Chamber of CommerceScott Hirst
Boston University School of LawBarbara Novick
BlackRockModerator: Edward Rock
New York University School of Law12:10-1:00 pm
Break
1:00-1:15 pm
Remarks
Commissioner Rohit Chopra
Â鶹´«Ã½ Trade Commission1:15-1:55 pm
Presentations – Common Ownership
Daniel P. O’Brien
Compass LexeconMartin Schmalz
University of Michigan
Ross School of Business1:55-2:05 pm
Break
2:05-3:50 pm
Theories of Competitive Harm from Common Ownership
Participants:
Einer R. Elhauge
Harvard University
Law SchoolScott Hemphill
New York University
School of LawMenesh S. Patel
University of California, Davis
School of LawWilliam H. Rooney
Willkie Farr & Gallagher LLPFiona M. Scott Morton
Yale University
School of ManagementModerators:
Daniel Rubinfeld
New York University School of LawWilliam F. Adkinson, Jr.
Â鶹´«Ã½ Trade Commission, Office of Policy Planning3:50-4:05 pm
Break
4:05-5:35 pm
Econometric Evidence of Competitive Harm from Common Ownership
Participants:
Christopher Conlon
New York University
Stern School of BusinessSerafin J. Grundl
Â鶹´«Ã½ Reserve BoardDaniel P. O’Brien
Compass LexeconNancy L. Rose
Massachusetts Institute of Technology
Department of EconomicsMartin Schmalz
University of Michigan
Ross School of BusinessModerator: Nathan Wilson
Bureau of Economics, Â鶹´«Ã½ Trade CommissionFileAgenda (130.06 KB)
- FileSpeaker Bios (314.69 KB)
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Event Materials
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Request for Comments
If parties already filed relevant comments in response to the Initial Topics for Comment, they need not refile those comments here.