Gunnar leads Oxera’s work in competition policy and litigation, with more than 20 years’ experience in the field covering mergers, agreements, abuse of dominance, damages and state aid. He has advised companies such as Deutsche Bahn, Nokia, Mars, Belgacom and Mastercard, as well as government bodies and the European Commission.
Baker Botts LLP, Brussels
Paul Lugard is a Partner in Baker Botts’ Brussels office, with considerable experience in merger control proceedings, exclusionary conduct, distribution arrangements in the energy and other sectors, technology licensing and matters on the intersection of intellectual property and antitrust law.
Oxera, London and Brussels
Avantika specialises in competition policy and litigation. She has provided economic advice to companies in relation to mergers, horizontal and vertical agreements, and abuse of dominance, including in the context of private litigation and investigations by the European Commission and other competition authorities in Europe and beyond.
Head of Unit, DG Competition
Head of the Digital Single Market Task Force, DG Competition
Baker Botts LLP
Head of Competition, AGCM
Vice President, French Competition Authority
Chairman, Authority for Consumers & Markets
Skadden, Arps, Slate, Meagher & Flom LLP
Director of Antitrust & IP Policy, Qualcomm
8.30: Welcome coffee and registration
9.00: Chairs’ morning welcome
9.15: Morning keynote address
The keynote address will provide a perspective on IP, antitrust and innovation from a senior agency perspective.
10.00: Licencing of SEPs: same old or brave new world? The practitioners’ perspective
The panel will debate the key issues in SEP licensing with reference to the latest cases and judgments from jurisdictions around the world, including Unwired Planet v Huawei, TCL v Ericsson, Qualcomm v FTC and the European Commission’s decision in Qualcomm. Questions to be addressed include: Can national courts determine global licences, as in Unwired Planet and in TCL? How can courts ensure consistency of global licences across jurisdictions when other courts are considering the same patents and licensing rates? Are the approaches applied by competition authorities consistent with the approaches of courts? The panel will also discuss the licensing of SEPs for Internet of Things applications and the impact of recent cases.
11.00: Coffee break
11.30: Dominance, abuse and FRAND analysis. An economist hot tub
This ‘hot tub’ session will see two economic experts debate the economic aspects of antitrust and FRAND assessments for SEPs, representing the perspectives of licensors and licensees, and moderated by a ‘judge’, Questions addressed by the experts include: How can one assess dominance and abuse in the presence of FRAND commitments? Are non-FRAND rates necessarily an abusive? When is the ‘ND’ in FRAND violated and when is it an abuse? What are the key issues in assessing FRAND rates?
12.15: Mergers and innovation: two years on from Dow/DuPont
We are two years on from the heated debates about mergers and innovation in Dow/DuPont. What has happened since to mergers in innovative markets? What is the Commission’s current thinking? A senior economist from DG Competition explains.
13.00: Networking lunch
14.15: Digital platforms, data, innovation and market power
This panel will discuss the latest issues relating to market power and competition risks in the world of digital platforms. The panel will discuss the roles of data, algorithms, innovation and IP, and bundling and vertical integration in the consideration of competition issues in the digital economy, including their relevance for market power, consumer harm and for design of remedies. These issues will be covered from a legal, economic and technical perspective and with reference to cases such as Google, Amazon and Facebook.
15.15: Coffee break
15.45: Agency roundtable: Antitrust, privacy and fairness in digital markets
Representatives of national competition authorities will provide their perspectives on competition policy in digital markets now and in future. This panel will provide insights from various market studies, application of competition policy and the interaction with other laws, the emerging approach towards merger control and ‘killer acquisitions’, and the latest on the options for platform regulation.
17.00: Chairs’ closing remarks
17.10: Close of conference