Tuesday, 1 December - Wednesday, 2 December 2020

E-mail Tel: +44 203 780 4183

Chairs

John Davies

Senior Advisor, Brunswick, London

John is a Senior Advisor in Brunswick's Regulatory and Public Affairs practice. He is a former lawyer and was a partner of Freshfields Bruckhaus Deringer, where he founded and managed the Brussels office and led the Global Competition Practice. Prior to Freshfields, John worked as a case officer in the European Commission's Directorate-General for Competition. 

John assists clients on the policy and communications aspects of competition and foreign investment challenges, drawing on his broad understanding of the drivers of competition and regulatory intervention in Europe and elsewhere, and his experience advising high-profile clients across different industries and jurisdictions. 

Jonas Koponen

Partner, Linklaters, Brussels

Jonas is a highly regarded international competition lawyer, based in Brussels.  His experience spans from complex transactional to contentious competition law cases in Europe and beyond.

Jonas represents clients from around the world on merger review of M&A transactions. He has advised parties to numerous complex transactions, several of which were reviewed in “Phase II” by the European Commission and other authorities worldwide. In addition, he represents companies in investigations of business conduct, such as abuse of dominance, anti-competitive agreements and practices, and cartel matters (also involving applications for immunity and leniency) and related litigation.

Speakers

Jan Bonhage

Partner, Hengeler Mueller, Berlin

Oliver Bretz

Partner, Euclid Law, London

Alec Burnside

Partner, Dechert, Brussels

Vivian Cao

Partner, Zhao Sheng Law Firm, Shanghai, Beijing

Naval Satarawala Chopra

Partner, Shardul Amarchand Mangaldas & Co., Delhi

Jonathan Gafni

Senior Counsel, Head, U.S. Foreign Investment, Linklaters, Washington, D.C.

David Hanke

Partner, Arent Fox, Washington, D.C.

Barbara Kaech

General Counsel, Nord Stream 2 AG, Zurich

Sarah Mackintosh

Deputy Director, Consumer and Competition Directorate, Department of Business, Energy and Industrial Strategy, London

Itumeleng Mahabane

Partner, Brunswick, Johannesburg

Massimo Merola

Partner, BonelliErede, Brussles

Aimen Mir

Partner, Freshfields Bruckhaus Deringer, Washington, D.C.

Edurne Navarro

Partner, Uría Menéndez, Brussels, Madrid

Anne Salladin

Partner, Hogan Lovells, Washington, D.C.

David Shogren

Senior Policy Advisor, U.S. Department of the Treasury, Washington, D.C.

Julie Soloway

Partner, Blake, Cassels & Graydon, Toronto

Torsten Syrbe

Partner, Clifford Chance, Moscow

Matthew Readings

Partner, Shearman & Sterling, London, Brussels

Programme

All times are in Greenwich Mean Time (GMT)

Tuesday 1 December

14:00–14:15       Login, welcome from GCR and co-chairs
John Davies, Senior Advisor, Brunswick, London 
Jonas Koponen, Partner, Linklaters, Brussels

14:15-15:00       The European outlook and its impact on business

With a focus on French, German, Italian and UK governments, this session will consider how increased scrutiny of FDI affects business. It will then turn to the key cases shaping the current enforcement approach and discuss how to navigate target and acquirer-based risk. Is there a pattern to the recent spate of cases? How should advisors approach sector-specific issues? The session will delve deeper into requirements for remedies, including behavioural remedies such as business continuation, FRAND, information shielding and so on. 

Moderator:
Jan Bonhage, Partner, Hengeler Mueller, Berlin

Panel:
Sarah Mackintosh, Deputy Director, Consumer and Competition Directorate, Department of Business, Energy and Industrial Strategy, London
Massimo Merola, Partner, BonelliErede, Brussels
Matthew Readings, Partner, Shearman & Sterling, London, Brussels

15:00-15:15       Break

15:15-16:00       Are jurisdictions around the world learning from each other?

In our final session of the day, panellists will discuss the lessons of established regimes in scrutiny of FDI. Can we expect a global review landscape to emerge in years to come? Looking specifically at Canada, South Africa, China, India and Russia this session will consider key issues and how they have evolved over time, including the challenges of the current multi-jurisdictional dynamic, the role of regulators and the extensiveness of their review. The panellists will discuss whether FDI will one day have the same global reach as merger control, or whether it will remain a very local issue?

Moderator:
Julie Soloway, Partner, Blake, Cassels & Graydon, Toronto

Panel:
Vivian Cao, Partner, Zhao Sheng Law Firm, Shanghai, Beijing 
Itumeleng Mahabane, Partner, Brunswick, Johannesburg
Naval Satarawala Chopra, Partner, Shardul Amarchand Mangaldas & Co., Delhi
Torsten Syrbe, Partner, Clifford Chance, Moscow

16:00-16:35       Closing remarks and networking
John Davies, Senior Advisor, Brunswick, London 
Jonas Koponen, Partner, Linklaters, Brussels

 

Wednesday 2 December  

14:00-14:15       Login, welcome from GCR and co-chairs
John Davies, Senior Advisor, Brunswick, London 
Jonas Koponen, Partner, Linklaters, Brussels

14:15-15:00       EU screening mechanism and White Paper on foreign subsidies: balancing tensions

What is the practical impact of the EU screening mechanism – and beyond that, how can practitioners balance the tension between attracting global capital and protectionism in Europe? What is the interplay between this mechanism, existing national measures and the broad new powers proposed by the Commission in relation to foreign subsidies? Taking a comprehensive look at the screening mechanism as well as the Commission’s White Paper on foreign subsidies, our panel will discuss the current status of both frameworks, their future and dissect the practical implications of Commissioner Vestager’s second term. The discussion will then move to the national level, asking whether to expect more convergence between member states. Our panel will also explore how the existing FDI rules interact with the tools proposed in the Commission’s foreign subsidies White Paper.

Moderator:
Alec Burnside, Partner, Dechert, Brussels

Panel:
Oliver Bretz, Partner, Euclid Law, London
Barbara Kaech, General Counsel, Nord Stream 2 AG, Zurich
Edurne Navarro, Partner, Uría Menéndez, Brussels, Madrid

15:00–15:15      Break

15:15–16:00       Navigating risks in the evolving CFIUS regime

As the CFIUS regime continues to grow and develop, this session will discuss the trajectory of enforcement and consider new FIRRMA regulations which came into force earlier this year. With a focus on circumventing risks surrounding US FDI, panellists will discuss how to be sure of the right strategy – asking whether acquirer-based risks are all about China, and how to approach various sectors for potential target-based risks.

Moderator:
Anne Salladin, Partner, Hogan Lovells, Washington, D.C.

Panel:
Jonathan Gafni, Senior Counsel, Head, U.S. Foreign Investment, Linklaters, Washington, D.C.
David Hanke, Partner, Arent Fox, Washington, D.C.
Aimen Mir, Partner, Freshfields Bruckhaus Deringer, Washington, D.C.
David Shogren, Senior Policy Advisor, U.S. Department of the Treasury, Washington, D.C.

16:00–16:35       Closing remarks and networking
John Davies, Senior Advisor, Brunswick, London 
Jonas Koponen, Partner, Linklaters, Brussels

 

Ticket Prices

Private Practitioner
Type Price
Tier 1 £150
Tier 2 £300

 

In-house/government rate
Type Price
Standard £0