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

Tue 15 October 2019

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 12 Thorny Questions: Directly from 7 QCs, Senior Juniors and Solicitors of Outstanding Value

5 hrs CPD

£249 + VAT

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  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: 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.

  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: Jemima Stratford QC

    Jemima represented the retailers in the Visa and Mastercard litigation and Nokia over the competition elements of its licensing fees dispute with Apple. "She is supremely clever and as sharp as a knife" and a contributor to "Competition Litigation: UK Practice and Procedure".

  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: Ronit Kreisberger QC

    Ronit acted for Cathay Pacific on an appeal against the EC's revised air cargo surcharges decision and in Flynn and Pfizer v CMA on the test for excessive pricing. She is a contributing editor to "Bellamy & Child, European Community Law of Competition". "Her legal mind is stunning."

  8. Overrun

  9. Lunch

  10. 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: Thomas Sharpe QC

    Tom has recently advised on many aspects of Brexit and acted in the Miller case in the Supreme Court. "He has an unparalleled experience of the interface between competition law and regulatory issues and a sage-like knowledge of how regulators approach things."

  11. 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.

  12. Corporate compliance

    How can businesses protect themselves against the risks of competition law infringements?

    How should in-house teams design and implement effective compliance programmes, how do you achieve buy-in and what is the role of the Board?

    Answered by: Euan Burrows of Ashurst

    Euan's cases include the first UK follow-on damages action from an OFT decision; the first appeal to the CAT of a UK merger control decision; 15 sets of Competition Appeal Tribunal proceedings, and 10 cartel follow-on claims. He is Vice Chairman of the UK Competition Law Association.

  13. Over-run

  14. Close of conference