Monday - Tuesday, 9 – 10 July 2018, Brussels, Belgium

E-mail Tel: +44 20 3780 4137

Chairs

John Davies

Freshfields Bruckhaus Deringer, London and Brussels

John is a partner in Freshfields Bruckhaus Deringer's antitrust practice and works out of Brussels and London. He is also a former head of the group’s global practice. John founded the Brussels office in 1989 and was managing partner for 10 years. Clients turn to John when they need a competition lawyer who gives authoritative antitrust advice at the highest level. He is an experienced strategist who understands the culture of competition agencies in Europe and elsewhere.

Bojana Ignjatovic

RBB Economics, London

Bojana Ignjatovic is a Partner based in the London office of RBB Economics. Bojana has more than fifteen years’ experience as an expert in competition economics, in both private and public practice. She has advised on a large number of high-profile cases before the European Commission and many national domestic authorities, in particular in the UK.

Keynote Speakers

Paul Csiszár

Director, Basic Industries, Manufacturing and Agriculture, DG Competition, European Commission, Brussels

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. Currently Mr Csiszár serves as Director of "Basic Industries, Manufacturing and Agriculture" at the Directorate General for Competition of the European Commission.

Richard Whish QC

Emeritus Professor, King's College London

Emeritus Professor Richard Whish is a legal academic and author. He is a qualified solicitor and was in legal practice in London from 1989 to 1998. He was admitted in 1977. He has been recommended for his contribution to competition law and policy, in the UK, the European Union and in many other countries with competition laws throughout the world.

Speakers

Melanie Aitken

Bennett Jones, Washington, DC

Pinar Bagci

The Brattle Group, London

Alastair Chapman

Freshfields Bruckhaus Deringer, London

Joan de Solà-Morales

RBB Economics, Brussels

Götz Drauz

Sullivan & Cromwell, Brussels

Simon Genevaz

Unit C.5 Merger Network, Information, Communication and Media, DG Competition, European Commission, Brussels

Philipp Girardet

Willkie Farr & Gallagher, London

Dorothy Hansberry-Bieguńska

Hansberry Tomkiel, Warsaw

Assimakis Komninos

White & Case, Brussels

Anna Lyle-Smythe

Slaughter and May, Brussels

Andrew McBride

Chief Compliance Officer, Albemarle, Charlotte

Creighton Macy

Baker McKenzie, Washington, DC

Jasvinder Nakhwal

Peters & Peters, London

Matthew Readings

Shearman & Sterling, London and Brussels

Ingrid Vandenborre

Skadden, Arps, Slate, Meagher & Flom, Brussels

Patricia Vidal

Uría Menéndez, Madrid

James Webber

Shearman & Sterling, Brussels and London

Programme

Day one - Monday, 9 July

13.25: Welcome coffee and registration

13.45: Chairs' welcome

John Davies, Freshfields Bruckhaus Deringer, London and Brussels
Bojana Ignjatovic, RBB Economics, London

14.00: Richard Whish’s The Year in Review

Richard Whish QC, Emeritus Professor, King's College London

Professor Whish will review the year just gone, emphasising the themes and trends behind the headlines.

15.30: Compliance – what is now best in breed?   

  • What are the newest techniques and approaches to improve compliance globally?
  • What can be learned from Reg Tech?
  • How to keep an audit trail:
    - Accessing data from mobile messaging apps (WhatsApp, Facebook Messenger)
    -Best practices in document storage and database management, including data aggregation software
    - Interface with data protection rules and cybersecurity   
  • Using Artificial Intelligence and smart technologies:
    - Immediate detection through real time monitoring of behaviour
    - Improved audits using clustering and predictive coding
    - Targeted compliance
    - Smart contract technology to ensure constant and dynamic oversight, for example of rebates
    - The role of humans: Spotting the forest for the trees and tuning out the noise

16.30: Coffee break

16.50: Deal breaking or mischief making: are non-horizontal theories of harm in mergers back with a vengeance?

In Europe, unlike in the US, the number of cases raising primarily non-horizontal concerns has been on the rise. Does this reflect renewed vigour in relation to non-horizontal theories of harm? How easily can the parties dismiss these concerns with reasoned representations? And what remedies might the regulators expect and accept? We will discuss these and other issues with particular discussion on key cases from the past year, including Qualcomm/ NXP, Essilor/ Luxottica, and Rockwell Collins/ BE Aerospace.

18.00: Conclusion of day one

19.15 onwards: All delegates are invited to attend a drinks reception and all conference dinner sponsored by Shearman & Sterling

Day two - Tuesday, 10 July

8.15: Welcome coffee and registration

8.45: Chairs’ welcome

John Davies, Freshfields Bruckhaus Deringer, London and Brussels
Bojana Ignjatovic, RBB Economics, London

9.00: Keynote Q&A

To be announced

09.40: Coffee break               

10.00: It’s rebatable: Pricing abuses under Article 102 after Intel

As the dust settles on the Intel judgement, what is the regulators’ approach to exclusionary pricing conduct? What role for economic evidence? And how should dominant companies price to run the gauntlet between the risk of excessive price abuses on the one hand and exclusionary ones on the other?

11.10: The role of the individual employee

  • Whistleblowing:
    - High stakes: whistleblowing has become increasingly instrumental
    - Competition authorities are developing whistleblowing tools
    - Businesses have clear interest in ensuring that internal whistleblowing procedures are fit for purpose
    - Mobilising the HR department
  • Recruitment practices:
    - No-poaching agreements
  • Criminal sanctions
  • Employee rights
  • Data protection

12.15: Networking lunch                    

13.20: Deal risk

  • Managing the increased risk of litigation around large scale deals:
    - Third party challenges
    - Increased risk of agencies challenging consummated deals
    - UPS/TNT appeal
  • Navigating the risks in the less transparent world of foreign investment reviews, in particular in large cross-border transactions
  • Avoiding legal and procedural entanglements:
    - Gun jumping.  Impact of Altice and other recent deals
    - Appetite for internal documents by competition authorities (in particular the EC) and increased risk of liability for providing incomplete or misleading information

14.30: Coffee break

14.50: Cutting it fine: Regulators’ approaches to calculating fines

For companies under investigation, estimates of likely fines are of critical importance, so what can we glean from established practice by the Commission and by national regulators? The challenge for this panel: so, how exactly should one estimate the likely fine?

16.00: Chairs’ closing remarks

John Davies, Freshfields Bruckhaus Deringer, London and Brussels
Bojana Ignjatovic, RBB Economics, London

16.10: Close of conference

Brussels, Belgium

Ticket Prices

Private Practitioner
Type Price Until
Super Early €1,300  25 May 2018
Early €1,500 29 June 2018
Standard €1,800 09 July 2018

 

In-house/governmental
Type Price
Standard €250