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

GCR Live 5th Annual Cartels - Notice of Postponement

LBR Events and Global Competition Review have taken the difficult decision to postpone this year’s GCR Live 5th Annual Cartels event, due to be held on the 21st April 2020.


The health and safety of our clients, partners and staff are our primary concern. To that end we have been closely following the developing situation with regards to the COVID-19 strain of the coronavirus and adhering to the advice being provided by the Centers for Disease Control and Prevention and the World Health Organisation (WHO).

We have also been listening carefully to the concerns of those no longer able to travel and attend GCR Live 5th Annual Cartels on its current dates, as either a speaker or delegate, due to travel restrictions imposed by their governments.

In order to make sure the event is delivered to the high standards on which we pride ourselves, and which our attendees expect, the decision to postpone the event has been taken. We will confirm the new date as soon as possible.

Please do not hesitate to get in touch with any questions you may have, and we continue to look forward to delivering the best event yet in the annual series later in the year.

Nic O’Callaghan, Commercial Director

Nic.OCallaghan@lbresearch.com

E-mail Tel: +44 203 780 4183

Chairs

Thomas Mueller

WilmerHale, Washington, DC and 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.

Neil Campbell

McMillan, Toronto

As Co-Chair of McMillan’s Competition and International Trade Groups, Neil is one of Canada’s preeminent competition lawyers. He acts for clients in cartel investigations, class actions, and unilateral conduct proceedings, as well as merger reviews under the Competition Act and the Investment Canada Act. Neil was counsel for Philips and Lite-on in the recent Godfrey v. Toshiba case before the Supreme Court of Canada. He is the Global Contributing Editor for Cartel Regulation (Getting the Deal Through deskbook), a former co-chair of the IBA's Antitrust Committee and a member of CD Howe Institute's Competition Policy Council. 

Casey Halladay

McCarthy Tétrault, Toronto

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. 

Keynote Speaker

Andreas Mundt

President, Bundeskartellamt, Bonn

Andreas Mundt has been President of the Bundeskartellamt since 2009, member of the Bureau of the OECD Competition Committee since 2010 and the Steering Group Chair of the International Competition Network since 2013.

After qualifying as a lawyer, Andreas Mundt entered the Federal Ministry of Economics in 1991. In 1993 he joined the staff of the Free Democratic Party in the German Parliament. In 2000 he joined the Bundeskartellamt as rapporteur and later acted as Head of the International Unit and Director of General Policy.

Speakers

Rachel Adcox

Axinn, Washington, DC

Alexandre Barreto de Souza

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

Matthew Boswell

Commissioner, Competition Bureau Canada, Ottawa

Alejandro Faya Rodriguez

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

Sarah Flanagan

Associate General Counsel, Director of Antitrust and Americas Compliance, Intel, Portland

Elizabeth McCloskey

Keker, Van Nest & Peters, San Francisco

Heather Nyong’o

WilmerHale, San Francisco

Richard Parker

Gibson Dunn, Washington, DC

Djordje Petkoski

Shearman & Sterling, Washington, DC

Guy Pinsonnault

McMillan, Ottawa and Montréal

Ricardo Riesco

National Economic Prosecutor, Chilean National Competition Agency

Maggy Sullivan

Latham & Watkins, Washington, DC

Suzanne Wachsstock

Chief Antitrust Counsel, Walmart, Washington, DC

Samuel Weglein

Analysis Group, Boston

Christoph Wünschmann

Hogan Lovells, Munich

Daniel Zelenko

Crowell & Moring, New York

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Thomas Mueller, WilmerHale, Washington, DC and Brussels
Casey Halladay, McCarthy Tetrault, 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)

Moderator:
Guy Pinsonnault, McMillan, Ottawa, Montréal 

Panel:
Alexandre Barreto de Souza, President, Administrative Council for Economic Defense (CADE), Brasília
Matthew Boswell, Commissioner, Competition Bureau Canada, Ottawa
Alejandro Faya Rodriguez, Commissioner, Mexican Federal Economic Competition Commission, (COFECE), Mexico City
Ricardo Riesco, National Economic Prosecutor, Chilean National Competition Agency, Santiago de Chile

10:30: Coffee Break

10.55: Case Study:  Canned Tuna — 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

Moderator:
Heather Nyong’o, WilmerHale, San Francisco

Panel:
Richard Parker, Gibson Dunn & Crutcher, Washington, DC
Elizabeth McCloskey, Keker, Van Nest & Peters, San Francisco
Daniel Zelenko, Crowell & Moring, New York
Samuel Weglein, Analysis Group, Boston

12.05: Networking lunch

13.00: Afternoon Keynote Address

Andreas Mundt, President, Bundeskartellamt, Bonn

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?

Moderator:
Djordje Petkoski, Shearman & Sterling, Washington, DC

Panel:
Rachel Adcox, Axinn, Washington, DC
Christoph Wuenschmann, Hogan Lovells, Munich
Marguerite Sullivan, Latham & Watkins, Washington, DC
Sarah Flanagan, Associate General Counsel, Director of Antitrust and Americas Compliance, Intel, Portland
Suzanne Wachsstock, Walmart, Washington, DC

14:50 Chairs' closing remarks

Neil Campbell, McMillan, Toronto

15.00: 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