Coverage

Civil liability adds uncertainty for potential leniency applicants, says Louis

Civil liability adds uncertainty for potential leniency applicants, says Louis

16 April 2018

The risk of follow-on damages claims in Europe is a “contributing factor” in the difficulty of convincing a company to enter into a leniency programme, and has increased “uncertainty” for practitioners in advising clients, a Brussels lawyer said last week.

US DOJ: growing FBI cooperation does not raise number of search warrants

US DOJ: growing FBI cooperation does not raise number of search warrants

10 April 2018

The US Department of Justice’s antitrust division is relying more heavily on international squads from the Federal Bureau of Investigation to investigate cross-border cartels, but that does not mean more unannounced searches of company offices and files, a top DOJ official has said.

Hong Kong to introduce plea bargaining system

Hong Kong to introduce plea bargaining system

11 April 2018

Hong Kong’s Competition Commission will introduce a plea bargaining system for cartel offences similar to that used in the US, an official from the country’s antitrust enforcer has said.

Unconventional cartel conduct needs harmonised enforcement, lawyers say

Unconventional cartel conduct needs harmonised enforcement, lawyers say

11 April 2018

Lawyers have called for competition agencies to agree a consistent approach to unconventional cartels, although a DOJ official has pushed back on what type of conduct would even count as unconventional.

Chairs

Thomas Mueller

WilmerHale, Washington, DC and Brussels

Thomas Mueller is chair of WilmerHale's Antitrust and Competition Practice Group. He joined the firm in 1992. Mr. Mueller's antitrust practice focuses on global cartel enforcement matters, as well as merger and other investigations with transatlantic implications. Having practiced both in Brussels and Washington, Mr. Mueller has insight into antitrust issues on both sides of the Atlantic and has helped steer clients through the difficulties and opportunities created by the closer cooperation between the US and EU authorities. Chambers describes him as "a figure of great stature within criminal and cartel investigation circles" and "a creative strategist, which makes him a perfect choice for this often complicated and rapidly moving area."

Samuel Weglein

Analysis Group, Boston

Dr. Weglein specializes in the application of economics and statistics to the analysis of liability issues and the quantification of damages in litigation settings. He has worked on several complex antitrust cases, as well as on cases that span a wide range of financial institutions and instruments. In the antitrust sphere, Dr. Weglein has supported damages experts on behalf of Microsoft in several consumer class actions in California, Arizona, Minnesota, Iowa, and Mississippi, as well as one competitor action by Novell. He also supported an expert in competitive strategy on behalf of Intel, in connection with litigations brought by AMD and the State of New York. In matters involving financial institutions and instruments, Dr. Weglein has worked on cases involving total return swaps, credit default swaps, interest rate swaps, private equity, asset management, securities lending, and mutual funds. He has also performed valuations of tangible and intangible assets in tax matters and fraudulent conveyance cases.

Keynote Speaker

Marvin Price

Acting Deputy Assistant Attorney General, US Department of Justice, Washington, DC

Speakers

G R Bhatia

Luthra & Luthra, New Delhi

Antoine Chapsal

Analysis Group, Brussels and Paris

Steven Cherry

WilmerHale, Washington, DC

Omar Guerrero R.

Hogan Lovells, Mexico City

Casey Halladay

McMillan, Toronto

Clara Ingen-Housz

Linklaters, Hong Kong

Brent Justus

McGuireWoods, Richmond and Washington DC

Jindrich Kloub

Executive Director, Operations, Hong Kong Competition Commission

Kristen Limarzi

Chief, Appellate Section, Antitrust Division, US Department of Justice, Washington, DC

Frédéric Louis

WilmerHale, Brussels

Mark Nelson

Cleary Gottlieb Steen & Hamilton, Washington, DC

Susan Ning

King & Wood Mallesons, Beijing and Sanya

Djordje Petkoski

Shearman & Sterling, Washington, DC

Martin Raible

Gleiss Lutz, Düsseldorf

Ori Schwartz

Chief Legal Counsel and Director, Legal Department, Israel Antitrust Authority, Jerusalem

Pallavi Shroff

Shardul Amarchand Mangaldas, New Delhi

Marianne Wagener

Norton Rose Fulbright, Johannesburg

Phillip Warren

Covington & Burling, San Francisco

Sai Ree Yun

Yulchon, Seoul

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Thomas Mueller, WilmerHale, Washington, DC and Brussels
Samuel Weglein, Analysis Group, Boston

9.15: Morning keynote address

Marvin Price, Acting Deputy Assistant Attorney General, Antitrust Division, US Department of Justice, Washington, DC

9.50: The role of smaller agencies in cartel enforcement

As cartel enforcement slows, perhaps temporarily, in many major antitrust jurisdictions, we examine the role of agencies in smaller or less-established jurisdictions in shaping global cartel enforcement policy. What role should smaller agencies play in shaping global cartel enforcement? How are investigations focused in jurisdictions such as Mexico, South Africa, Hong Kong and Israel? How are those investigations carried out, and what punishments have companies and executives accused of cartel behaviour faced?

Moderator:
Thomas Mueller, WilmerHale, Washington, DC and Brussels 

Panel:
Jindrich Kloub, Executive Director, Operations, Hong Kong Competition Commission, Hong Kong
Ori Schwartz, Chief Legal Counsel, Israel Antitrust Authority, Jerusalem
Omar Guerrero R., Hogan Lovells, Mexico City
Marianne Wagener, Norton Rose Fulbright, Johannesburg
Pallavi Shroff, Shardul Amarchand Mangaldas, New Delhi

11.10: Coffee break

11.35: Square peg in a round hole: The pursuit of unconventional cartels matters

In a world where there are fewer classic price-fixing cases to bring and in which agencies have incentives to find behaviour that could be deemed cartel activity, what’s the proper role of criminal antitrust in an enforcement portfolio? What is the global effect of the increasingly aggressive treatment of information exchange and other similarly grey areas of competition enforcement, as cases are picked up multilaterally? And with different global approaches to explicit and tacit collusion, should observers expect enforcers to agree on the legality of algorithmic pricing?

Moderator:
Phillip Warren, Covington & Burling, San Francisco

Panel:
Martin Raible, Gleiss Lutz, Düsseldorf
Mark Nelson, Cleary Gottlieb Steen & Hamilton, Washington, DC
Kristen Limarzi, Chief, Appellate Section, Antitrust Division, US Department of Justice, Washington, DC

12.55: Networking lunch

13.55: Decrypting public and private enforcement in Asia’s biggest jurisdictions

Asia is now firmly established as a hotbed for antitrust enforcement, from both government agencies and private plaintiffs; Korea, China and elsewhere boast active plaintiff lawyers and a court system teeming with antitrust matters. This panel will examine the traits, structure and record of private and public enforcement in Asia's most significant antitrust jurisdictions and discuss what foreign companies can expect when doing business in each country.

Moderator:
Steven Cherry, WilmerHale, Washington, DC

Panel:
Clara Ingen-Housz, Linklaters, Hong Kong
Susan Ning, King & Wood Mallesons, Beijing and Sanya
G R Bhatia, Luthra & Luthra, New Delhi
Sai Ree Yun, Yulchon, Seoul

15.10: Coffee break

15.35: The interplay between public and private cartel enforcement

Public and private enforcement have had both synergistic and competing interests.  This panel will explore some of those relationships:

  • It used to be that a government investigation would lead and private litigation would follow but increasingly, private actions are using their own statistical analysis with the plaintiff’s bar pointing to academic papers as data evidence. What weight should statistical data and analysis provide in terms of evidence of coordination? What role should statistical analysis play in investigations?
  • Is civil litigation putting an undue burden on the effectiveness of leniency programmes? Is there a downturn in enforcement as a result of leniency being over-burdened or is it just not as good a deal as it used to be?
  • Has robust civil litigation impacted how government enforcement conducts its investigations?

Moderator:
Brent Justus, McGuireWoods, Richmond and Washington DC

Panel:
Djordje Petkoski, Shearman & Sterling, Washington, DC
Casey Halladay, McMillan, Toronto
Antoine Chapsal, Analysis Group, Brussels and Paris
Frédéric Louis, WilmerHale, Brussels

16.50: Chairs' closing remarks

Thomas Mueller, WilmerHale, Washington, DC and Brussels
Samuel Weglein, Analysis Group, Boston

17.00 onwards: All delegates are invited to attend a drinks reception kindly hosted by McMillan

Venue

1875 Pennsylvania Avenue, NW Washington, DC, 20006, USA

Testimonials

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

Ticket Prices

Private Practitioner
Type Price Until
Super Early $800 2 Mar 2018
Early $900 30 Mar 2018
Standard $975 10 Apr 2018

 

In-house/governmental
Type Price
Standard Complimentary