Coverage

English judge warns against accelerated ECJ referrals

English judge warns against accelerated ECJ referrals

05 October 2017

A High Court judge today said the UK’s impending exit from the EU does not mean British appeal courts already can be treated as courts of last resort, and warned against rushing referrals to the European Court of Justice before exit day.

Economic theory may not suffice for passing-on defence

Economic theory may not suffice for passing-on defence

05 October 2017

The Competition Appeal Tribunal’s decision not to uphold Mastercard’s passing-on defence against Sainsbury's interchange fee claim has sparked debate about how to prove pass-on and whether lawyers should rely on economic theory when using it as a defence.

CAT appears optimistic about collective damages certification

CAT appears optimistic about collective damages certification

06 October 2017

The UK’s specialist antitrust tribunal seems willing to be flexible to establish a collective action regime – but cannot rely on existing failed claims to do so, said litigators active in the area.

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

06 October 2017

Despite anxieties that Brexit will affect the UK’s status as a jurisdiction of choice for private damages actions, English courts will still take EU case law seriously – and divergence could even make the UK more attractive for litigation, a leading barrister has said.

Multilateral settlements are desirable but difficult

Multilateral settlements are desirable but difficult

09 October 2017

The damages directive could help simplify multilateral settlements, but will still involve balancing finality for defendants with tricky negotiations.

Litigators doubt arbitration works for damages claims

10 October 2017

UK litigators expressed doubt that arbitration proceedings should be used to address competition damages claims, despite a ruling by the High Court of England and Wales earlier this year opening up the possibility of doing so.

Chairs

Nicholas Heaton

Hogan Lovells International, London

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, London and Brussels

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.

Keynote

Mrs Justice Rose

Justice of the High Court, Chancery Division, London

Speakers

Sarah Abram

Brick Court Chambers, London

Peter Davis

Cornerstone Research, London

Kim Dietzel

Herbert Smith Freehills, London

Lesley Farrell

Eversheds Sutherland, London

Sarah Ford QC

Brick Court Chambers, London

Elizabeth Jordan

Linklaters, London

Katherine Kay

Stikeman Elliott, Toronto

David Kavanagh QC

Skadden, Arps, Slate, Meagher & Flom, London

Jeroen Kortmann

Stibbe, Amsterdam

Kim Lars Mehrbrey

Hogan Lovells International, Düsseldorf

Anna Morfey

Hausfeld, London

Elizabeth Morony

Clifford Chance, London

Francesca Richmond

Baker McKenzie, London

Thomas Ross

Ropes & Gray, London

Mark Sansom

Freshfields Bruckhaus Deringer, London

Thomas Sebastian

Monckton Chambers, London

Mark Simpson

Norton Rose Fulbright, London

Kassie Smith QC

Monckton Chambers, London

Dominique Speekenbrink

Senior Vice President and Head, Antitrust Practice Group, ABB Asea Brown Boveri, Zurich

Iestyn Williams

RBB Economics, London

Programme

8.30: Welcome coffee and registration

9.00: Chairs' opening remarks

Nicholas Heaton, Hogan Lovells International, London
Anthony Maton, Hausfeld, London and Brussels

9.05: Keynote address

Mrs Justice Vivien Rose, Justice of the High Court, Chancery Division and Chair of the Competition Appeal Tribunal, London

9.45: Proving passing on in a post Sainsbury's world

A panel of economists and lawyers will consider how parties can in practice establish a passing on defense in light of the burden of proof and evidential requirements imposed by the Competition Appeal Tribunal's judgment in Sainsbury's v MasterCard.  

Moderator:
Elizabeth Morony, Clifford Chance, London

Panel:
Lesley Farrell, Eversheds Sutherland, London
Iestyn Williams, RBB Economics, London
Elizabeth Jordan, Linklaters, London
Peter Davis, Cornerstone Research, London

10.55: Coffee break 

11.10: UK class actions: A new regime takes root?

A panel discussion of developments in relation to UK class actions for competition law breaches, to include consideration of the CAT's decision in the first to class certification hearings, Pride and MasterCard. In its judgment in Pride the CAT turned to and followed Canadian case law, the panel will also look to the Canadian experience to see what can be learnt from it.

Moderator:
Nicholas Heaton, Hogan Lovells International, London

Panel:
Katherine Kay, Stikeman Elliott, Toronto
Mark Sansom, Freshfields Bruckhaus Deringer, London
Anna Morfey, Hausfeld, London
Jeroen Kortmann, Stibbe, Amsterdam

12.20: Two trials, only one infringement

Following the apparently conflicting outcomes to the Sainsbury's and Asda claims against MasterCard in respect of the same conduct, Sarah Ford QC of Brick Court Chambers will look at the ways in which case management decision (of the Court and by the parties) can dramatically impact the outcome of claims.

Speaker:
Sarah Ford QC, Brick Court Chambers, London

13.00: Networking lunch

14.00: Arbitration case study

Following the High Court's decision in Microsoft v Sony to stay antitrust damages claim to arbitration, this case study will look at the circumstances in which an arbitration clause might be effective, and if it is what issues flow from arbitrating such a claim.

Moderator:
Anthony Maton, Hausfeld, London and Brussels

Panel:
Thomas Sebastian, Monckton Chambers, London
Kim Lars Mehrbrey, Hogan Lovells International, Düsseldorf
Sarah Abram, Brick Court Chambers, London
David Kavanagh QC, Skadden, Arps, Slate, Meagher & Flom, London

15.30: Coffee break

16.00: Bilateral settlement

Most competition damages claims settle. This session considers the issues raised in cases involving multiple defendants or contribution defendants, some of whom wish to settle when others do not. Are bilateral settlements of interest to claimants, if so why? Can they be achieved and how can a defendant protect itself from contribution claims and escape any on-going litigation?

Moderator:
Francesca Richmond, Baker McKenzie, London

Panel:
Kim Dietzel, Herbert Smith Freehills, London
Mark Simpson, Norton Rose Fulbright, London
Thomas Ross, Ropes & Gray, London
Dominique Speekenbrink,
 Senior Vice President and Head, Antitrust Practice Group, ABB Asea Brown Boveri, Zurich

17.10: Closing speech

Kassie Smith QC, Monckton Chambers, London

17.30: Chairs' closing remarks

Nicholas Heaton, Hogan Lovells International, London
Anthony Maton, Hausfeld, London and Brussels

17.35 onwards: All delegates are invited to attend a drinks reception kindly hosted by Norton Rose Fulbright

Venue

3 More London Riverside, London, SE1 2AQ, United Kingdom

Testimonials

  • "Great content, varied, informative" Laura Hickman, Hogan Lovells

  • "Very good topics, good format" Till Schreiber, CDC Cartel Damage Claims

Ticket prices

Private Practitioner
Type Price Until
Super Early £775  25 August 2017
Early £875 22 September 2017
Standard £975 5 October 2017

 

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