Coverage

Sentencing guideline amendment will need outside push

Sentencing guideline amendment will need outside push

07 April 2016

If the antitrust community wants the US Sentencing Commission to consider changing the way prison sentences and corporate penalties for antitrust crimes are calculated, it should let the commission know en masse, a senior sentencing commission official suggested on Tuesday. Ron Knox at GCR Live: Cartels

Cartel enforcement will survive 2016 election, says ex-US attorney general

Cartel enforcement will survive 2016 election, says ex-US attorney general

05 April 2016

Eric Holder, the former head of the US Department of Justice, said that the fight against cartels will continue regardless of who wins the next presidential election, making compliance programmes that address collusion an ongoing priority for companies. Pallavi Guniganti at GCR Live: Cartels

Enforcers should coordinate to avoid deterring efficiencies, says Wick

Enforcers should coordinate to avoid deterring efficiencies, says Wick

05 April 2016

Overlapping cartel investigations and follow-on actions could lead to disproportionate punishment and the possibility of deterring efficient conduct, Covington & Burling partner Robert Wick said today.  

Sentencing guideline amendment will need outside push

Sentencing guideline amendment will need outside push

07 April 2016

If the antitrust community wants the US Sentencing Commission to consider changing the way prison sentences and corporate penalties for antitrust crimes are calculated, it should let the commission know en masse, a senior sentencing commission official suggested on Monday. Ron Knox at GCR Live: Cartels

Chairs

Dennis W. Carlton

Compass Lexecon

Dennis W. Carlton is the David McDaniel Keller Professor of Economics at the Booth School of Business at the University of Chicago where he teaches in the Business School, Law School and Economics Department.

Phillip H. Warren

Covington & Burling

Phillip Warren specializes in global antitrust and competition law practice, representing corporations and executives in criminal antitrust and other white-collar government investigations and litigation, and related multi-district class actions.

Keynotes

Eric Holder

Covington & Burling and Former U.S. Attorney General

Eric Himpton Holder Jr. served as the 82nd Attorney General of the United States, from 2009 to 2015. Holder, serving in the administration of President Barack Obama, is the first African American to hold the position of U.S. Attorney General.

Speakers

Alejandra Palacios Prieto

Chairwoman, Mexican Federal Economic Competition Commission (COFECE)

Heather Tewksbury

Wilmer Cutler Pickering Hale and Dorr

Robert Wick

Covington & Burling

Belinda Hollway

Scott + Scott

James Flynn QC

Brick Court Chambers

Scott Hammond

Gibson, Dunn & Crutcher

Felipe Irarrázabal

National Economic Prosecutor, Fiscalía Nacional Económica

Bryan Keating

Compass Lexecon

Paku Khan

Khaitan & Co

Rebecca Kirk Fair

Analysis Group

Daryl Libow

Sullivan & Cromwell

Jeffrey Martino

Chief, New York Office, Antitrust Division, US Department of Justice

Youngjin Jung

Kim & Chang

María Luisa Tierno Centella

Deputy Head of Unit, DG Competition, European Commission

Hon. Justice Peter Roth

President, Competition Appeal Tribunal

Suzanne Wachsstock

Vice President and Chief Antitrust Counsel, American Express

Bruce Simon

Pearson, Simon & Warshaw

Brent Snyder

Deputy Assistant Attorney General for Criminal Enforcement, US Department of Justice

Eriko Watanabe

Nagashima Ohno & Tsunematsu

Elaine Whiteford

King & Wood Mallesons

Peter Camesasca

Covington & Burling

Neil Campbell

McMillan

Cecil Chung

Yulchon

Robert Connolly

GeyerGorey

John Connor

Professor Emeritus, Department of Agricultural Economics, Purdue University

Kevin Coates

Covington & Burling and former Head of Cartels Unit, DG Competition, European Commission

Melinda Coolidge

Hausfeld

Ken Dai

Dentons Law Offices

Melinda Coolidge

Hausfeld

Megan Dixon

Hogan Lovells

Alan Dorhoffer

Deputy Director, Office of Education, United States Sentencing Commission

CPD/CLE Points

This conference is accredited with 6.5 hours under the SRA professional development scheme

Programme

8.30: Welcome coffee and registration

9.00: Chair's morning welcome

Phillip H. Warren, Covington & Burling

9.15: Punishing global cartels - are there any limits?

The proliferation of enforcement authorities around the world leads to increasing fines and exposure for participants in global cartels. While the Motorola Mobility case and other judicial decisions have reigned-in certain civil claims in the U.S., the EU Damages Directive has opened a new front for defendants who could face an unprecedented pressure of private damage claims in Europe. This panel will consider whether public and judicial authorities should work on convergence, take into account each other's sanctions or apportion private damage recoveries across jurisdictions.

Moderator:
Rebecca Kirk Fair, Analysis Group

Panel:
Eriko Watanabe, Nagashima Ohno & Tsunematsu
Robert Wick, Covington & Burling
María Luisa Tierno Centella, Deputy Head of Unit, DG Competition, European Commission
Bruce Simon, Pearson, Simon & Warshaw

10.15: Keynote address

Eric Holder, Covington and Burling and Former U.S. Attorney General

10.45: Coffee break

11.00: Did the enforcers go bananas in Dole v. Commission? What are the boundaries of cartel conduct - and why does it matter? 

Most jurisdictions have decided to reserve their most severe sanctions for “hard-core” cartel conduct - price fixing, bid rigging, output restriction, and market allocation agreements. In the so-called “Bananas” decision, the EC ruled that certain types of information exchanges, without proof of agreements on price, are “by object” offenses - effectively labelling them as cartel conduct. This panel will explore the boundaries between hard-core cartel conduct and other competition law offenses in the EU and elsewhere - and why that matters.  

Moderator:
Heather Tewksbury, Wilmer Cutler Pickering Hale and Dorr

Panel:
Cecil Chung, Yulchon
Brent Snyder, Deputy Assistant Attorney General for Criminal Enforcement, US Department of Justice
Melinda Coolidge, Hausfeld
Kevin Coates, Covington & Burling and former Head of Cartels Unit, DG Competition, European Commission

12.15: Networking lunch

13.15: Chair's afternoon welcome

Dennis W. Carlton, Compass Lexecon

13:30: Global Competition Review - EU cartel survey results

The editor of Global Competition Review, Ron Knox, will unveil the results of the 2016 EU cartel survey.

13.45: Et tu?: Where are private cartel actions in Europe headed?

EU Member States are forging new laws aimed at turning Europe into a damages-friendly forum, under the EU Damages Directive framework, with preliminary rulings further paving the way. The UK is leading this movement with strong political support, liberal rules on jurisdiction, and the perception of plaintiff-friendly judges. This panel will explore the myriad questions that plaintiffs and defendants confront in this largely uncharted territory. 

Moderator:
Peter Camesasca, Covington & Burling

Panel:
Belinda Hollway, Scott + Scott
Bryan Keating, Compass Lexecon
James Flynn QC, Brick Court Chambers
Hon. Justice Peter Roth, President, Competition Appeal Tribunal

14.45: Coffee break

15.00: (Concurrent sessions)

Cartel enforcement challenges in newer enforcement regimes

More than 100 countries have laws prohibiting cartel activity and more than 50 jurisdictions have leniency or immunity programs that incentivize companies to self-report cartel conduct. In the past decade, more than 30 countries have filed their first cases against international cartels. This panel will explore the challenges that international companies must confront to navigate the multitude of new enforcement regimes with sometimes nascent enforcement histories and procedures.  

Moderator:
Scott Hammond, Gibson, Dunn & Crutcher

Panel:
Ken Dai, Dentons Law Offices
Felipe Irarrázabal, National Economic Prosecutor, Fiscalía Nacional Económica
Alejandra Palacios Prieto, Chairwoman, Mexican Federal Economic Competition Commission (COFECE)
Paku Khan, Khaitan & Co

15.00: (Concurrent sessions)

The U.S. antitrust sentencing guidelines: Too harsh, too lenient, or just about right?

The U.S. Sentencing Guidelines guide courts’ sentencing decisions in cartel cases. Should the U.S. Sentencing Commission reconsider the basic framework of the antitrust guideline, which has not changed since its adoption in 1987 or the Guidelines’ rules for setting fines and terms of incarceration, which have not materially changed since their adoption more than a decade ago? 

Moderator:
Robert Connolly, GeyerGorey

Panel:
Jeffrey Martino, Chief, New York Office, Antitrust Division, US Department of Justice
Alan Dorhoffer, Deputy Director, Office of Education, United States Sentencing Commission
Megan Dixon, Hogan Lovells
John Connor, Professor Emeritus, Department of Agricultural Economics, Purdue University

16.15: Managing the challenge of global antitrust compliance

Multinational corporations require sophisticated and practical advice and timely information to comply with the complex competition laws of the jurisdictions in which they operate. This panel will explore how businesses can efficiently manage the legal risks facing diverse businesses and personnel, as an increasing number of authorities more vigilantly enforce their competition laws.  

Moderator:
Neil Campbell, McMillan

Panel:
Youngjin Jung, Kim & Chang
Daryl Libow, Sullivan & Cromwell
Elaine Whiteford, King & Wood Mallesons
Suzanne Wachsstock, Vice President and Chief Antitrust Counsel, American Express

17.15: Chairs’ closing remarks

Phillip H. Warren, Covington & Burling
Dennis W. Carlton, Compass Lexecon

17.20 onwards: All delegates are invited to attend a cocktail reception kindly hosted by Covington & Burling

Venue

One CityCenter, 850 Tenth Street, NW, Washington, D.C., 20001-4956, USA

Testimonials

  • “Excellent topics and an impressive panel.” - Michael Galligan, Senior Counsel – IBM

Ticket Prices

Registration is unavailable