Chairs

John Davies

Freshfields Bruckhaus Deringer

John Davies is a UK lawyer and a partner in Freshfields Bruckhaus Deringer’s antitrust, competition and trade group. He was previously the head of the group and served as managing partner of the firm's Brussels office for over 10 years, having founded the office in 1989. Before joining the firm, John worked as a case officer in the European Commission's Directorate-General for Competition. 

Derek Ridyard

RBB Economics

Derek Ridyard has over 25 years experience as an expert on the economics of competition law, prior to which he worked as an economist in the Office of Fair Trading in London. He has worked on assignments for clients involved in some of the leading competition law cases in Europe, and has acted in competition law proceedings across a wide range of industries as diverse as banking, cement, grocery retailing, shipping and computer software. 

Keynote Speaker

Paul Csiszár

Director, DG Competition, European Commission

After graduating from ELTE School of Law of Budapest, Paul Csiszár studied international comparative law and earned a second Juris Doctorate at Loyola Law School in the United States. Following his admission to the Bar in 1986 in California he practiced as a corporate, securities and M&A lawyer in the US and then from 1997 in Central Europe with the international law firm of Squire Sanders until 2003 when he joined the public sector.

Speakers

Jean-François Bellis

Van Bael & Bellis

Claudia Berg

Senior Legal Director, Antitrust Enforcement, Competition and Markets Authority (CMA)

Kirsten Edwards-Warren

Compass Lexecon

Yonatan Even

Cravath, Swaine & Moore

Nicholas French

Freshfields Bruckhaus Deringer

Mathew Heim

Vice President, Government Affairs, Qualcomm

Camilla Holtse

Chief Legal Counsel, Head of Competition Compliance, Maersk Line

Silke Hossenfelder

Chair of the 9th Decision Division, Federal Cartel Office Germany

Bojana Ignjatovic

RBB Economics

Helen Jenkins

Oxera Consulting

Lars Kjølbye

Latham & Watkins

Jonas Koponen

Linklaters

Toh Han Li

Chief Executive, Competition Commission of Singapore (CCS)

Stephen Mavroghenis

Shearman & Sterling

Luc Peeperkorn

Principal Expert in Antitrust Policy, DG Competition, European Commission

Robbert Snelders

Cleary Gottlieb Steen & Hamilton

Christof Swaak

Stibbe

Trevor Soames

Shearman & Sterling

Marceline Tournier

Senior Competition Counsel, Nestlé

Mike Walker

Chief Economic Adviser, Competition and Markets Authority (CMA)

Marc Waha

Norton Rose Fulbright

Søren Zinck

LETT

Programme

Day one - Monday, 9 November
 
13.30: Welcome coffee and registration
 
14.00: Chairs' welcome
 
John Davies, Freshfields Bruckhaus Deringer
Derek Ridyard, RBB Economics
 
14.15: Keynote speaker
 
Paul Csiszár, Director, DG Competition, European Commission
 
14.45: Mergers - are industries becoming too consolidated?
 

  • According to the US Department of Justice, should some deals never "leave the Board room"?
  • How are agencies responding to the challenge?
  • What can we learn from Time Warner/Comcast on the one hand and Holcim/Lafarge on the other?
  • Risk allocation mechanisms when difficult deals go ahead - the role of "hell or high water", break fees and joint defence agreements
  • Getting sophisticated remedies over the line - the lessons from Liberty Global/Ziggo and Hutchison/Telefónica Ireland

 
Chair:
John Davies, Freshfields Bruckhaus Deringer
 
Panel:
Robbert Snelders, Cleary Gottlieb Steen & Hamilton Paul Csiszár, Director, DG Competition, European Commission
Yonatan Even, Cravath, Swaine & Moore
Kirsten Edwards-Warren, Compass Lexecon
 
16.05: Coffee break
 
16.25: Object infringements - did Cartes Bancaires change anything?
 

  • "By their nature, harmful to competition" - clarifying or restricting the object regime?
  • The response of the Commission to Cartes Bancaires
  • The end of the T-Mobile and Pierre Fabre standards for object infringements?
  • Consequences for the General Court's judicial review standard of future European Commission decisions?
  • A restrictive interpretation of object infringements - consequences for existing Commission cases awaiting decision?


Moderator:
Jonas Koponen, Linklaters
 
Panel:
Helen Jenkins, Oxera Consulting
Jean-François Bellis, Van Bael & Bellis
Christof Swaak, Stibbe
Claudia Berg, Senior Legal Director, Antitrust Enforcement, Competition and Markets Authority (CMA)
 
17.45: Conclusion of day one
 
19.15 onwards: All delegates are invited to attend a drinks reception and conference dinner at the Hotel Amigo kindly hosted by Shearman & Sterling
 
Dinner speaker:
Jonathan Faull, Director General, Task Force for Strategic Issues related to the UK Referendum, DG Competition, European Commission
 
Day two - Tuesday, 10 November
 
8.30: Welcome coffee and registration
 
9.00: Chairs' welcome
 
John Davies, Freshfields Bruckhaus Deringer Derek Ridyard, RBB Economics
 
9.05: Morning speaker - Richard Whish's year in review
 
Richard Whish QC, Emeritus Professor, King's College London
 
10.35: Coffee break
 
10.55: Competition challenges from online retailing - new wine in old bottles?

  • Does online retailing really raise new issues?
  • Key features of the online environment
  • Why/how do the issues differ from conventional distribution?
  • Assessing market power with online distribution
  • Where do the market power problems originate - with sellers or e-distributors?
  • How does that affect the appropriate focus of competition law intervention?
  • How to ensure that interventions are aimed at consumer interests
  • Strategies available for sellers in the online environment
  • RPM and MFN clauses
  • Price discrimination/market segmentation
  • Applying selective distribution criteria
     

Moderator:
Mike Walker, Chief Economic Adviser, Competition and Markets Authority (CMA)
 
Panel:
Bojana Ignjatovic, RBB Economics
Stephen Mavroghenis, Shearman & Sterling
Silke Hossenfelder, Chair of the 9th Decision Division, Federal Cartel Office Germany
Luc Peeperkorn, Principal Expert in Antitrust Policy, DG Competition, European Commission
 
12.05: Standing networking lunch
 
13.20: Article 102 - navigating the compliance maze post-Intel

  • Utilising the "Article 102(3)" efficiency defence
  • Does the efficiency defence exist?
  • If so, (how) can it be unlocked?
  • Learning the lessons from recent cases - why do efficiency defences always seem to fail?
  • Case law divergence between pricing conduct and exclusivity clauses
  • Does the distinction between pricing and exclusivity clauses make sense?
  • A distinction without a difference?
  • Adapting behaviour to take advantage of the distinction?
  • Presumptions or per se rules?
  • Does the case law provide "wriggle room" between enforcement rules and presumptions?
  • How/when in practice can presumption be reversed?

 
Chair:
Derek Ridyard, RBB Economics
 
Panel:
Lars Kjølbye, Latham & Watkins
Trevor Soames, Shearman & Sterling
Marceline Tournier, Senior Competition Counsel, Nestlé
Søren Zinck, LETT
 
14.30: Coffee break
 
14.45: Asia, the new antitrust frontier - after the EU and US, Asia is catching up quickly

  • China - the third major force in global antitrust?
  • RPM as an object infringement - China gets tough on vertical agreements (contact lenses and car manufacturers)
  • The proliferation of antitrust regimes in Asia - ASEAN regimes and Hong Kong
  • Case study - the P3 shipping alliance blocked by MOFCOM
  • Risk of contagion from one jurisdiction to others

 
Moderator:
Marc Waha, Norton Rose Fulbright
 
Panel:
Nicholas French, Freshfields Bruckhaus Deringer
Camilla Holtse, Chief Legal Counsel, Head of Competition Compliance, Maersk Line
Mathew Heim, Vice President, Government Affairs, Qualcomm
Toh Han Li, Chief Executive, Competition Commission of Singapore (CCS)
 
16.00: Chairs' closing remarks
 
John Davies, Freshfields Bruckhaus Deringer

Derek Ridyard, RBB Economics
 
16.15: Close of conference

Venue

Hilton Brussels Grand Place, Carrefour de l'Europe 3, Brussels, 1000, Belgium

Testimonials

  • 'Fantastic and breathtaking' - Anna Filimonenko, Federal Antimonopoly Service of the Russian Federation

  • 'Very open and interesting discussions' Till Schreiber, CDC Consulting