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

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.

2018 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