Tuesday, 21 April 2020, 1875 Pennsylvania Avenue, NW Washington, DC 20006 USA

E-mail Tel: +44 203 780 4183

Chairs

Thomas Mueller

WilmerHale, Brussels

Thomas Mueller is chair of Wilmer Cutler Pickering Hale and Dorr’s Antitrust and Competition Practice Group and resident in its Washington, DC office. His 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. He regularly advises major clients across various industry sectors, particularly in the areas of technology, manufacturing, aerospace and defense, transportation and logistics, financial services, and energy. He received his BA from Williams College in 1987 and his JD from Harvard in 1990.

Casey Halladay

McMillan

Casey is one of Canada’s leading competition lawyers, with a practice covering all aspects of merger control, cartel defence, unilateral conduct and competition litigation. He brings a unique analytical approach to competition law issues, having practiced with leading firms in Toronto, Washington and London. 

Speakers

Alejandra Palacios Prieto

Chairwoman, Mexican Federal Economic Competition Commission, (COFECE), Mexico City

Matthew Boswell

Commissioner, Competition Bureau Canada, Ottowa

Alexandre Barreto de Souza

President, Administrative Council for Economic Defense (CADE), Brasília

8.30: Welcome coffee and registration

9.00: Chairs’ welcome
Thomas Mueller, Wilmer Hale, Washington and Brussels
Casey Halladay, McMillan, Toronto

9.15: Enforcers Roundtable: Hot topics in enforcement in the Americas

The Americas from the Arctic to Tierra del Fuego boast some of the most aggressive and innovative enforcers in cartel matters.  Today, defendants do not only need to be concerned with the U.S. Department of Justice, but other national enforcers in the Americas equally.  Our panel of senior enforcement officials from Brazil, Canada, Chile and Mexico will address the pressing issues that span these enforcement regimes, including such topics as:

  • Dealing with independent prosecutors
  • How you get leniency applicants to come to you
  • Trying to sort the leniency caseload and creating enforcement priorities
  • Developing enforcement tools in an era of reduced leniency applications
  • When to follow the US agencies’ lead (and when not to)

10:30: Coffee Break

10.55: Case Study:  Packaged Seafood — The Anatomy of an Extraordinary Cartel Matter

A merger control investigation breaks bad, leading to a cartel inquiry.  Numerous individual and corporate guilty pleas follow.  Class actions fly.  A high-profile CEO refutes the allegations and goes to trial.  It’s the cartel case that has everything.  Our all-star panel of practitioners, with direct insight into this extraordinary matter, will discuss the following issues:

•       The unusual provenance of the matter, beginning with a merger review and ending in criminal enforcement

•       Managing risks to the leniency participants in a cartel matter involving high-profile consumer goods

•       Ground-breaking developments in sentencing, including an innovative use of the “ability to pay” defence by one participant, and the court’s (and DOJ’s) rejection of similar arguments from another participant, leading to a maximum fine of US$100 million

12.05: Networking lunch

13.00: Afternoon Keynote Address

13.35: Rethinking Compliance

The U.S. Department of Justice has radically changed its outlook on compliance programs.  Traditionally the DOJ has viewed its leniency program as the most effective (and only necessary) incentive to creating effective compliance programs.  However, beginning with a fine reduction for Barclays in the foreign exchange case, the DOJ has overhauled its approach, culminating with the announcement last summer that in antitrust cases, like all other corporate criminal prosecution, it will assess the adequacy of the compliance program in determining whether to bring charges against corporations that have not secured leniency.  The panel will address a number of the key questions from this change in policy, such as:

  • What does it take to secure fine reductions or declinations from prosecution?
  • How do you make antitrust compliance programs truly effective, given the clandestine nature of most cartels and the absence of an auditable trail?
  • What is the right balance in white collar compliance programs?
  • Does this weaken the leniency program?
  • Does this development and the resolution in the generic pharmaceuticals case signal a new approach on corporate charging decisions in antitrust cases?

14:45 Chairs' closing remarks

Thomas Mueller, Wilmer Hale, Washington and Brussels
Casey Halladay, McMillan, Toronto

14.50: Conference close

Venue

1875 Pennsylvania Avenue, NW Washington, DC 20006 USA

Ticket Prices

Private Practitioner
Type Price Expires
Super Early $500 06 Mar 2020
Early $700 03 Apr 2020
Standard $900 21 Apr 2020

 

In-house/government rate
Type Price
Standard $0