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Complying with Competition Laws: Shaping New Law into Solution Focused Answers for Your Clients

  • Tuesday, 15th October 2019
  • The Caledonian Club 9 Halkin Street London SW1X 7DR
  • 5 hrs CPD

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Answers to 11 Thorny Questions: Directly from 7 QCs, Senior Juniors and Solicitors of Outstanding Value

  1. Registration and coffee

  2. Chair’s Introduction

    Complying with competition laws: Shaping new law into solution-focused advice for your clients

    Chaired by: Cyrus Mehta of CMS

    Cyrus was involved in the CMA's commercial vehicles, construction and groceries cartel investigations. He acted in the first successful challenge to a CMA decision ordering a company to divest part of its business. He is author of UK Chapter of "European Competition Laws".

  3. Pricing strategies

    In the light of Intel how should companies structure discounts and rebates to comply with competition law?

    What are the risks and how can these be mitigated?

    Answered by: Paul Gilbert of Cleary Gottlieb

    Paul represented Google before the OFT in its acquisitions of BeatThatQuote and Waze, and in the EC's investigation into online search. He is a former Deputy Director of Competition Policy at the UK Office of Fair Trading. "He is strategic, creative and practical."

  4. Gun-Jumping

    How do you protect clients from compliance violations when gun-jumping following (1) the CMA's investigation of the Electro Rent/Microlease merger and (2) the EC’s decision in Portugal Telecom/Altice (under appeal to the General Court)?

    Answered by: Bruce Kilpatrick of Addleshaw Goddard

    Bruce is providing multi-jurisdictional merger control guidance to GVC over its recommended offer for Ladbrokes Coral. "He is exceptionally bright, affable, experienced and down to earth” and is a regular and highly sought-after commentator in the national press and on TV.

  5. Morning coffee

  6. Cartel follow-on claims

    Applying the lessons of recent cases, what are the hurdles which need to be overcome to bring successful follow-on claims in the courts?

    What does the future hold for class actions?

    Answered by: James Flynn QC

    James has "one of the finest analytical minds at the competition bar." "He doesn’t just cite the precedent, often he is the one who actually created it.” He acted for Qualcomm in defending allegations of breaching competition law brought by Apple.

  7. Tech and innovation

    What are the challenges for competition law enforcement in the digital age?

    Is the current competition regime fit for purpose in the digital economy?

    Answered by: Kassie Smith QC

    Kassie acted for Huawei in proceedings over the impact of competition law on standard essential patents for mobile phone technology. "She is wonderfully pragmatic, a lateral thinker and a superb communicator" and one of just two barristers listed in GCR’s Women in Antitrust.

  8. Lunch

  9. Peering into the fog

    What are the anticipated differences in substantive analysis between the CMA and EC following Brexit?

    Which rules and legislation could change and with what implications for practice?

    Answered by: Rhodri Thompson QC

    Rhodri is Chair of the Bar Council's EU Law Committee, Hon. Treasurer of the UKAEL, contributor to Bellamy and Child and joint editor of 'UK Competition Law: the new Framework.' He acted for Which? in the first "follow on" consumer damages action over the Replica Kit cartel.

  10. Distribution systems

    Going beyond the Coty case, what is the key to devising a Selective Distribution System which is necessary and proportionate?

    What measures can brand owners legitimately take to protect themselves from online marketplaces?

    Answered by: Rob Williams of Monckton

    Rob is "a star junior: super clever, brilliant drafting, outstanding judgement, a joy to work with." He is a competition Junior of the Year and is Standing Counsel to the Competition and Markets Authority. He acted in the Visa and Mastercard litigation and for DAF in the Trucks litigation.

  11. Over-run

  12. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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