Coverage

Hoskins: CMA must learn from the OFT's mistakes

Hoskins: CMA must learn from the OFT's mistakes

09 October 2014

With its rebirth as the UK’s single antitrust watchdog, the Competition and Markets Authority has “the chance to transform itself from an ugly duckling into a beautiful swan”, but it must focus on winning basic cases rather than pursuing the exotic ones, a top UK competition lawyer said. Ron Knox at GCR Live in London.

National Grid counsel weigh up hot tubbing

08 October 2014

A panel of barristers and economists involved in the National Grid case have debated the value of hot tubbing in competition claims, revealing why they were planning to use the method in their own case. Leo Szolnoki at GCR Live in London. 

DG Comp: strike a disclosure balance in private litigation

DG Comp: strike a disclosure balance in private litigation

07 October 2014

As the number of follow-on damages claims grows in Europe, a top DG Comp official says the new directive will enable the European Commission to give companies and their advisors relevant information on cartels for follow-on claims without compromising confidentiality responsibilities. Leo Szolnoki at GCR Live in London.

After Cooper Tire, pass-on damages remain in question

After Cooper Tire, pass-on damages remain in question

07 October 2014

Although the answer will never be known, the barrister who argued the UK’s Cooper Tire litigation before the case settled says he believes the court would have rejected arguments that the tyre company claimants in the case never passed on price hikes to their customers. Ron Knox at GCR Live in London.

Chairs

Nicholas Heaton

Hogan Lovells International

Nicholas leads the 'excellent, top-notch' competition litigation practice in London. His extensive experience litigating before the High Court and the Competition Appeals Tribunal enables him to represent clients in a wide range of industries, from financial and industrial to transport and technology.

Anthony Maton

Hausfeld & Co.

Anthony Maton, London Managing Partner at Hausfeld, has 25 years' experience of litigating claims in the United Kingdom and across the globe, and has been a law firm Partner for the last 16 of those. For the last 10 years Anthony has set up and then lead Hausfeld & Co LLP in London, where he has been at the centre of the development of Competition Damage Litigation in Europe, as well as establishing the firm as one of the go to litigation practises for actions against banks.

Speakers

Kevin Coates

Head of Unit, Cartels, DG Competition, European Commission

Helen Jenkins

Oxera Consulting

Mark Hoskins QC

Brick Court Chambers

Daniel Jowell QC

Brick Court Chambers

Nicola Boyle

Hausfeld & Co.

Euan Burrows

Ashurst

Cristina Caffarra

Charles River Associates

Louise Freeman

King & Wood Mallesons SJ Berwin

Laurent Geelhand

Hausfeld & Co.

Christopher Hutton

Hogan Lovells International

Jon Lawrence

Freshfields Bruckhaus Deringer

Stephen Morris QC

20 Essex Street

David Parker

Frontier Economics

Jon Turner QC

Monckton Chambers

Kathrin Westermann

Noerr

CPD points

This conference is accredited with 6 CPD points.

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Nicholas Heaton, Hogan Lovells International
Anthony Maton, Hausfeld & Co.

9.15: Session one: The decision and its consequences for damages claims

Kevin Coates, Head of the Cartel Unit at the DG Competition, European Commission, will open thi‎s session with an introductory speech. The panel will then consider practical issues arising in damages claims from the form and nature of Commission decisions including:

  • ‎Findings that are binding and those that are not, including the status of the recitals
  • Settlement decisions
  • "Pergan" material
  • Dealing with ambiguity‎ in decisions, and whether "clarification" can be sought
  • Attempts to rely on decisions in support of stand-alone claims

Introductory speaker: 
Kevin Coates, Head of Unit, Cartels, DG Competition, European Commission

Moderator: 
Anthony Maton, Hausfeld & Co.

Panel: 
Nicola Boyle, Hausfeld & Co. 
Christopher Hutton, Hogan Lovells International
Euan Burrows, Ashurst
Kathrin Westermann, Noerr

10.35: Coffee break

11.00: Session two: Rubber - addressing the practicalities

The panel will discuss the practical lessons to be learnt from Cooper Tire, the first cartel damages claim to reach trial in England. The panel, who were all directly involved, will look at the issue from the perspectives of the client, solicitor and counsel. They will address practical issues as well as discussing points of interest arising in the Cooper Tire ‎ case itself.  

Moderator: 
Nicholas Heaton, Hogan Lovells International

Panel: 
Daniel Jowell QC, Brick Court Chambers
Laurent Geelhand, Hausfeld & Co.
Louise Freeman, King & Wood Mallesons SJ Berwin
Cristina Caffarra, Charles River Associates

12.15: Session three: Review of other key developments

In this session, Kassie Smith QC from Monckton Chambers, will review some of the other key case law developments in the last 12 months, including:

  • The Supreme Court decision in Deutsche Bahn v. Morgan Crucible 
  • The Court of Appeal decision in Newson v. IMI
  • Cases concerning the confidentiality of Commission decisions and the investigation file

Moderator: 
Anthony Maton, Hausfeld & Co.

Speaker:
Kassie Smith QC, Monckton Chambers

13.05: Networking lunch

14.05: Session four: "In the hot tub" – considering the use of hot tubbing in damages claims

Following the High Court decision in the National Grid case to adopt hot tubbing for the expert economic evidence in that case, the panel, who were directly involved, will consider the issues raised by the use of hot tubbing, it's suitability for use in complex multi issue and multi party competition claims and when it might be advantageous for a party to propose it and when it might not. 

Moderator: 
Nicholas Heaton, Hogan Lovells International

Panel: 
Helen Jenkins, Oxera Consulting
Stephen Morris QC, 20 Essex Street
David Parker, Frontier Economics
Jon Turner QC, Monckton Chambers

15.15: Coffee break

15.30: Session five: Collective settlements and class actions – the practical effects of the new UK rules

This session will use a case study to examine the new procedural rules being introduced in the CAT in relation to its new powers to hear competition class actions and the important new provisions allowing for collective settlements.

Moderator: 
Nicholas Heaton, Hogan Lovells International

Panel: 
Anthony Maton, Hausfeld & Co.
Jon Lawrence, Freshfields Bruckhaus Deringer

16.55: Closing speech

Mark Hoskins QC, Brick Court Chambers

17.25: Chairs' closing remarks

17.30 onwards: Delegates are invited to attend a cocktail reception at the King's Fund

Venue

The King's Fund, 11-13 Cavendish Square, London, W1G 0AN, United Kingdom

Testimonials

  • "I have attended each year I have been able to - it is high quality."
    Jon Lawrence, Freshfields Bruckhaus Deringer

Prices