14th ICN Merger Workshop/ 2 days.
Skill-Development and Discussion-Driven Workshop.

December 12 and 13, 2017

14th ICN Merger Workshop

Here’s the agenda for the workshop.

IMPORTANT: There will be simultaneous translation into Spanish.

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December 12:


Opening Remarks

8:45 | MIDE | Main Courtyard

COFECE’s opening panel Challenges on Modern Merger Analysis

09:00 | MIDE | Main Courtyard

Presentation: Developing an Investigation Plan and Proof Chart

10:00 | MIDE | Main Courtyard

This session will discuss components of an investigation plan, including: identifying key facts that are known and those to be investigated, developing a working legal theory or theories of harm, planning to collect facts, and estimating and resources needed to complete the investigation. This session also will cover why and how to prepare a proof checklist. A proof checklist typically consists of a list of the elements of proof required by law, coupled with the evidence necessary to establish each element of proof and the sources of that evidence.

Break (Sharing over Coffee)

10:45 | Main Courtyard

Breakout/Table Talk Session –Planning the Investigation (using hypothetical scenario)

11:15 | MIDE | Main Courtyard
  • Exercise 1: Brainstorm on key issues – product market, competitive effects, entry
  • Exercise 2: Develop candidate theories of harm
  • Exercise 3: Draft sections of the investigation plan (depending on homework; could have one room for participants that drafted a plan and others for those that did not)

Presentation: Developing Reliable Evidence through Interviews

12:15 | MIDE | Main Courtyard

Interviews are an important source of evidence. This session will explore various tactics and skills used when interviewing different types of witnesses – friendly, neutral, and hostile. The session also will provide suggestions on developing and organizing an interview outline, using documents in an interview, questioning techniques, and interview report writing.

Lunch (and Sharing over Lunch)

12:45 | Main Courtyard

Presentation: Developing Reliable Evidence through Requests for Documents and Data

14:00 | MIDE | Main Courtyard

Requests for information and requests for documents and data are useful tools for gathering the facts necessary to determine whether violated merger is anticompetitive. Similarly, data that permits robust economic (and econometric) analysis can also be a very important, and sometimes even outcome determinative, source of evidence — especially for resolving issues such as market power, efficiencies, and competitive effects.

This session will discuss the different techniques for requesting documents and data; the various sources of documents and data; and the types of documents and data to request. The session also will cover how to write a document request, including (1) the “specifications”, which set forth what a party is required to produce; (2) the “definitions”, which explain the key terms used in the specifications; and (3) the “instructions”, which establish how a party is expected to produce the documents.

Breakout/Table Talk Session (using hypothetical scenario)

14:45 | MIDE | Main Courtyard


  • Exercise 1: Drafting document requests
  • Exercise 2: Reviewing critically the parties’ documents

  • Exercise 1: Drafting interview outlines
  • Exercise 2: Conducting focused interview – participants focus on one or two sentences from a document to ask questions about


15:45 | Main Courtyard

Breakout/Table Talk Session continues (participants switch between interview-based rooms and document/data based rooms) (using hypothetical scenario)

16:15 | MIDE | Main Courtyard

Closing Session

Panel Presentation on Investigative Process (agency presenter, plus NGA reactions)

17:15 | MIDE | Main Courtyard

Discuss the importance of transparency, engagement, and confidentiality.

Welcome Cocktail at the historic facilities of the Interactive Museum of Economics (MIDE).

18:00 | MIDE | Main Courtyard

Tuesday, December 12 at 6 pm. It will be an opportunity to share experiences and comments, as well as relax after a day’s work.

Conclusion of Day 1

19:00 | MIDE | Main Courtyard
December 13:



09:00 | MIDE | Main Courtyard

Overview of the basic principles of market definition and the role of market shares and concentration, drawing upon ICN’s Merger Guidelines Workbook and RPs for Merger Analysis.

Presentation: Analytical Framework 2 (ENTRY & OTHER COMPETITIVE FACTORS)

09:45 | MIDE | Main Courtyard

The ease with which new firms can enter the relevant market is an important consideration in evaluating the ability of existing firms in a concentrated industry to increase prices above competitive levels. This session will outline the approach to entry analysis, including considering whether entry is timely, likely, and sufficient.

Break (Sharing over Coffee)

10:30 | Main Courtyard

Breakout/Table Talk Session (using hypo)

11:00 | MIDE | Main Courtyard

Participants will assess market definition and whether entry or expansion is likely to occur.

Role Play: Presentation by the Merging Parties to the Case Team

12:00 | MIDE | Main Courtyard

Meeting with the Competition Authority to present the parties’ views.


12:30 | Main Courtyard


14:00 | MIDE | Main Courtyard

This brief plenary presentation will present techniques and practical guidance for evaluating the often-conflicting sources of evidence consistent with the theory of harm during an investigation.

Breakout/Table Talk Session (using hypothetical scenario)

14:30 | MIDE | Main Courtyard

Participants will assess and discuss the arguments put forward by the expert in the plenary session.

Presentation: Effective Remedies

15:15 | MIDE | Main Courtyard

Includes a presentation of the remedy proposal.


15:45 | Main Courtyard

Breakout/Table Talk Session (using hypothetical scenario)

16:15 | MIDE | Main Courtyard

Participants will evaluate the parties’ remedy proposal and discuss the design of remedies.

Closing Session

17:00 | MIDE | Main Courtyard

TBD presentation/tips panel/or plenary sharing.

Conclusion of the Workshop


Guided tour and activities at the Interactive Museum of Economics (MIDE).

18:00 | MIDE | Main Courtyard

Attendees will get to know the innovative activities of the award-winning museum and its historic facilities.