Chair

Martin Klusmann

Freshfields Bruckhaus Deringer, Düsseldorf

Martin has significant experience in German, European and international competition law and has been involved in major merger cases and many national and international cartel cases, both inside and outside of the courtroom.

Keynote

Thorsten Käseberg

Head of Competition and Consumer Policy, German Federal Ministry for Economic Affairs and Energy, Federal Ministry of Economics and Energy, Berlin

Dr. Thorsten Käseberg, a lawyer and economist, has been serving as a civil servant since 2007 in different functions in the area of economic policy. He currently heads the unit in charge of competition and consumer policy in the German Federal Ministry for Economic Affairs and Energy. He is also an official of the European Commission (on leave), where he served in the Directorate-General for Competition (2009-2011). Dr. Käseberg has lectured at Humboldt University Berlin and published in particular on economic and regulatory issues, including the book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US (Oxford: Hart Publishing, 2012). He was educated at the University of Bonn, Humboldt University Berlin, the London School of Economics and New York University.

Speakers

Michael Dietrich

Herbert Smith Freehills, Düsseldorf

Konstantin Ebinger

Charles River Associates, Munich

Justus Haucap

Professor, Director, Düsseldorf Institute for Competition Economics (DICE), University of Düsseldorf

Nadine Herrmann

Quinn Emanuel Urquhart & Sullivan, Hamburg and Brussels

Thilo Klein

Compass Lexecon, London, Düsseldorf and Berlin

Tobias Klose

Freshfields Bruckhaus Deringer, Düsseldorf

Gerhard Klumpe

Presiding Judge, District Court of Dortmund

Petra Linsmeier

Gleiss Lutz, Munich

Frédéric Louis

WilmerHale, Brussels

Silke Möller

Glade Michel Wirtz, Düsseldorf

Alex Petrasincu

Hausfeld, Düsseldorf and Berlin

Martin Seegers

CDC Consulting, Brussels

Daniela Seeliger

Linklaters, Düsseldorf

Martin Sura

Hogan Lovells, Düsseldorf

Stefan Thomas

Professor, Chair of Civil Law, Commercial and Economic Law, Competition and Insurance Law, University Tübingen

Fred Wandschneider

CEG Europe, Düsseldorf

Sebastian Wismer

General Policy Division, Bundeskartellamt, Bonn

Susanne Zuehlke

Willkie Farr & Gallagher, Brussels

9.00: Welcome coffee and registration

9.30: Chair's opening remarks  

Martin Klusmann, Freshfields Bruckhaus Deringer, Düsseldorf

9.45: New law, new lessons: Germany updates for the digital and damages age

Significant amendments to Germany's Act against Restraints of Competition came into effect in June, which assist in obtaining cartel damages; extend the liability for fines to parent companies; add a merger filing threshold based on transaction value; specify that free services are still a market subject to competition law; and empower the Federal Cartel Office to conduct sector inquiries.

  • Initial experience with the new law: what are the pitfalls in practice?

  • Disclosure and the passing-on defense after the damages directive: do they work, and how?

  • Closing the "sausage gap": is parental liability even constitutional?

  • Keeping German start-ups open for (takeover) business: what are the effects of the new merger threshold and market definition rules?

Moderator:
Petra Linsmeier, Gleiss Lutz, Munich

Panel:
Gerhard Klumpe, Presiding Judge, District Court of Dortmund
Stefan Thomas, Professor, Chair of Civil Law, Commercial and Economic Law, Competition and Insurance Law, University Tübingen
Silke Möller, Glade Michel Wirtz, Düsseldorf
Alex Petrasincu, Hausfeld, Düsseldorf and Berlin

10.55: Coffee break

11.15: Around the world in 50 investigations: dealing with multiple authorities simultaneously

More than 50 jurisdictions have adopted leniency programmes and are actively investigating and prosecuting cartels. Competition policy has benefitted but companies also bear increasing burdens. 

  • Document production, data protection and transfers of evidence: how to protect a client and comply with EU rules while pushing paper across borders

  • Double jeopardy and harmonisation of leniency: do proliferating leniency programmes pose an opportunity or a threat?

  • Who is liable and can you escape existing liability?

Moderator:
Tobias Klose, Freshfields Bruckhaus Deringer, Düsseldorf

Panel:
Daniela Seeliger, Linklaters, Düsseldorf
Thilo Klein, Compass Lexecon, London, Düsseldorf and Berlin
Frédéric Louis, WilmerHale, Brussels

12.30: Networking lunch

13.30: Keynote address -  "The challenges of artificial intelligence for competition policy – collusion by pricing algorithms"

Thorsten Käseberg, Head of Competition and Consumer Policy, German Federal Ministry for Economic Affairs and Energy, Federal Ministry of Economics and Energy, Berlin

14.10: Following the leader in follow-on litigation: German, US and other models

When a 2004 study commissioned by the European Commission claimed that levels of private enforcement through damages claims in Europe were very low, Germans declared this was "simply false" with respect to their country's courts, where hundreds of such claims were filed each year. Follow-on damages claims in Germany long predate the EU damages directive, and in the wake of the vehicle emissions scandal, local politicians are promising an even more liberalised regime for consumers to be compensated.

  • Trucks and Diesel: will public outrage at cartels cause Europeans to shed their doubts about litigation, American-style? And will that include the ability to coordinate claims across EU courts, as US federal courts have done with multi-district litigation?

  • Follow the money: how is all this litigation to be financed: through contingency fees, assignment of claims routed through US or UK firms, opt-in class actions or a new mechanism?

  • Going Dutch: will the Netherlands become the new favoured location for EU damages actions, as its legal system provides for collective claims and settlements with extra-territorial reach, and its courts bless a claims assignment model?

  • What is the appropriate role of competition authorities?

Moderator:
Nadine Herrmann, Quinn Emanuel Urquhart & Sullivan, Hamburg and Brussels

Panel:
Konstantin Ebinger, Charles River Associates, Munich
Martin Seegers, CDC Consulting, Brussels
Susanne Zuehlke, Willkie Farr & Gallagher, Brussels

15.25: Coffee break

15.50: Stance on the Big Data and competition interface

Commissioner Margrethe Vestager has attracted praise from pro-enforcement observers around the world for the European Commission's willingness to take on tech companies. Yet Germany has quietly gone even further, as the Bundeskartellamt pursues Facebook for potentially using its dominance to extract user data, and the economics ministry proposes a digital antitrust enforcer. Meanwhile, the US antitrust agencies under Trump have taken a sceptical attitude toward the idea that there is anything new here.

  • What separates the new Big Data from the data that advertising-supported platforms historically had about their users and used to attract advertisers?

  • Defining Big Data as asset, platform, market and more

  • Infinity and beyond: if data isn't scarce, can it be economically relevant?

  • Hey, big spender: the use of data for online price discrimination

  • Privacy and portability: how can big data be sold, shared or treated as an essential facility while complying with privacy regulations?

Moderator:
Martin Sura, Hogan Lovells, Düsseldorf

Panel:
Michael Dietrich, Herbert Smith Freehills, Düsseldorf
Fred Wandschneider, CEG Europe, Düsseldorf
Justus Haucap, Professor, Director, Düsseldorf Institute for Competition Economics (DICE), University of Düsseldorf
Sebastian Wismer, General Policy Division, Bundeskartellamt, Bonn

17.05: Chair's closing remarks

Martin Klusmann, Freshfields Bruckhaus Deringer, Düsseldorf

17.15: Close of conference

Venue

Feldmühlepl. 1, 40545 Düsseldorf, Germany

Testimonials

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

  • "A good sharing and input forum." Corporate Legal Counsel & Company Secretary – Star Petroleum Refining Public Company

  • “An excellent conference - overall all the speakers were top of their game, thorough, clear and informative. Pitched at right level - so difficult to achieve this and it was done.”

    Practice Manager – Fountain Court Chambers


  • "All speakers were great - compliments!"

    Mariusz Laszczyk, Mastercard

Ticket Prices

Private Practitioner
Type Price Until
Super Early €775 6 Oct 2017
Early €975 3 Nov 2017
Standard €1,075 16 Nov 2017

 

In-house/governmental
Complimentary In-house/governmental registration available