Tuesday, 26 March 2019, 1875 Pennsylvania Avenue, NW Washington, DC, 20006, USA

E-mail Tel: +44 20 3780 4137

Chairs

Thomas Mueller

WilmerHale, Washington, DC and Brussels

Mr. Mueller has extensive internal investigation and litigation experience. His experience in both the US and Europe has been helpful in developing strategies in responding to price-fixing allegations, often from multiple antitrust authorities around the world. He has successfully persuaded authorities to close investigations without taking enforcement action and has secured non-prosecution agreements and leniency protection for clients. 

Samuel Weglein

Analysis Group, Boston

Dr. Weglein specializes in applying economics, statistics, and valuation to the analysis of liability issues and damages in antitrust, finance and securities, and general business litigation matters. Much of his recent antitrust work has been in health insurance and hospital markets. He has also assisted with antitrust litigation in a number of financial benchmark cases, including LIBOR and foreign exchange matters.

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: Forex Case Study

When the US Department of Justice negotiated guilty pleas with banks and individuals over the manipulation of foreign exchange benchmarks, it obtained billions in fines. But when three former traders went to trial against the DOJ last year, they won acquittals after the jury deliberated for less than a day. Whether other agencies will perform better in court remains to be seen, as the Competition Commission of South Africa will not bring its forex charges against more than a dozen banks to trial until later this year. And Brazil's Administrative Council for Economic Defence has thus far avoided courts by settling its forex allegations through its administrative proceeding process, in which several banks have signed cease-and-desist orders and paid tens of millions. How can enforcers explain the complex world of financial benchmarks to juries? And how can defense counsel fight back when prosecutors have cooperating witnesses on their side? 

10:30: Coffee Break

10.55: No-poach agreements and other labour market concerns

Regulators in the U.S., Europe and elsewhere have increased their focus on so-called “no poach” or “no hire” agreements and other labour market practices, such as sharing of sensitive HR information; civil litigation in the U.S. is on the upswing as well.  Panelists will discuss why momentum has been building, where things are heading, and what the are implications for employers, their counsel, and regulators. 

12.05: Networking lunch  

13.00: Keynote address

13.30: The state of leniency

The state of leniency seems in decline in much of the world, as the practical burdens of multi-jurisdictional cooperation and the spread of follow-on damages actions have reportedly made it increasingly attractive for companies simply to hope that enforcers won't detect cartels on their own. While US law attempts to advantage immunity applicants in private civil litigation by making them liable only for single damages, the prevalence of settlements means that few companies will ever actually pay treble damages. Yet the news isn't bad everywhere; in Brazil, for example, the use of administrative proceedings may be encouraging companies to cut a deal with the enforcer. What might older leniency regimes have to learn from newer ones? How can private litigation avoid killing its golden goose?

14:45: Chairs' closing remarks

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

14.55: Conference close

Venue

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

Testimonials

  • “Excellent speakers sharing their unique perspectives.” - Rebecca Fair, Analysis Group

  • "Very nice format - interesting and knowledgeable speakers, good choice of topics" - Christophe Rapin

Ticket Prices

Private Practitioner
Type Price Until
Super Early $700 15 Feb 2019
Early $800 15 Mar 2019
Standard $950 26 Mar 2019

 

In-house/governmental
Type Price
Standard $0