Waiting for Convergence: Global Competition Law Counseling In a Changing World

Millie Calhoun, Senior Attorney, Antitrust and Trade Regulation, BP America Inc

Convergence, the goal of having competition laws throughout the world "converge" on a common understanding and enforcement authority, is the holy grail of modern competition law. The good news is that there has been significant convergence around merger analysis and hard core conduct such as price fixing, bid rigging and market allocation. This is primarily driven by the increased use of economic analysis by competition authorities worldwide. The bad news is that in virtually every other area of competition law, there has been increasing divergence. For in-house counsel in global companies, this presents two dilemmas. First, how do you develop a global competition law policy when there are significant differences in competition laws from jurisdiction to jurisdiction? Second, how do you counsel businesses doing business across jurisdictions with potentially different competition law regimes?

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USA Competition Energy July 2008 Vol. 1, No. 4, Summer 2008

Millie Calhoun

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Mildred L. Calhoun is the Senior Antitrust and Trade Regulation lawyer at BP America, Inc., the US affiliate of BP plc, one of the world's largest integrated oil companies. Her practice includes counselling on antitrust issues in all of BP's businesses, including exploration and production of oil and gas, refining and retail gasoline sales, chemicals and commodities trading. Her practice includes counselling BP's global businesses with large market share on antitrust issues and she has been particularly active in counselling BP's Asian businesses. She supports BP's Mergers & Acquisition Group in providing market analysis and merger counselling. This includes responsibility for Hart Scott Rodino filings and advice. She is responsible for BP's US antitrust compliance programs and conducts many hours of training programs worldwide every year. Prior to joining BP in 1999, Ms. Calhoun was employed by the Antitrust Division of the United States Department of Justice, where she worked for almost 17 years. Ms. Calhoun has written and lectured on topics relating to antitrust. She has been a member of the faculty of the Practicing Law Institute's Annual Antitrust Law Institute since 2002 and a member of the faculty of the Indiana University School of Law at Indianapolis. She is a member of the Antitrust & Unfair Competition Law Section Council of the Illinois State Bar Association. She is also a member of the American Bar Association. Ms. Calhoun earned her J.D., in 1978 from Indiana University School of Law and her B.A. in 1975 from Northwestern University. She is admitted to the bars in Indiana, Illinois and Washington, D.C.

BP America Inc

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BP America is the US affiliate of BP plc, one of the world's largest oil companies.

USA Competition Energy July 2008 Vol. 1, No. 4, Summer 2008