The second day of the US Study Tour, orchestrated by the Antitrust Division of the US Department of Justice (DoJ) and the Federal Trade Commission (FTC), unfolded with a series of insightful discussions and immersive sessions delving into the intricacies of antitrust regulation and enforcement. As the CARICOM delegation convened for the day’s engagements at the Robert F. Kennedy Building, a wealth of knowledge exchange and discourse ensued, shedding light on critical aspects of merger reviews, unilateral conduct, international cooperation, and competition dynamics in the telecommunications industry.

The day began with a robust discussion facilitated by a panel comprising senior members of the FTC and DoJ, where the CARICOM delegation and their US counterparts engaged in a candid exchange of concerns and challenges about merger reviews within their respective jurisdictions. Areas prone to concentration and legislative hurdles were identified and dissected, fostering a deeper understanding of the nuanced landscape of merger control.

The subsequent session centred on unilateral conduct, providing the delegation with insights into the methodologies employed by the FTC and DoJ in handling such cases. A comparative analysis between the approaches of the US agencies and the European Commission offered invaluable perspectives on assessing exclusionary conduct, highlighting divergent regulatory viewpoints and enforcement strategies.

International cooperation was the focal point of discussion in the third session, wherein the CARICOM delegation gleaned insights into the FTC’s proactive stance towards collaboration with international partners. The FTC expressed a willingness to engage in non-confidential information sharing and discourse on general theories of competitive harm even if formal memorandums of understanding between it and international partners do not exist. Additionally, the Organisation for Economic Cooperation and Development (OECD), International Competition Network (ICN), and technical assistance initiatives were underscored as instrumental in facilitating cooperation among antitrust enforcement agencies worldwide.

A tour of the Robert F. Kennedy Building, including visits to the library and iconic artwork displays, provided the delegation with a glimpse into the rich legacy and institutional heritage of the DoJ. The day ended with a discussion on competition dynamics within the telecommunications industry, wherein regulatory frameworks governing over-the-top (OTT) service providers, refusal to deal cases, and anti-competitive agreements were scrutinised. The session served as a platform for elucidating key regulatory challenges and fostering dialogue on strategies to promote competition and innovation in telecommunications.

As the US Study Tour progresses, it continues to offer a platform for exchange and collaboration among antitrust enforcement practitioners, paving the way for enhanced understanding and cooperation in safeguarding competitive markets.

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