Coverage

UK barrister: claimants should be optimistic after iiyama judgment

04 October 2018

A competition barrister has said the Intel and iiyama judgments should leave claimants and lawyers “cautiously optimistic” on territorial limits in damages claims.

Mr Justice Marcus Smith calls for disclosure hearings for experts

04 October 2018

Specific disclosure hearings requiring experts to explain their selection of evidence and methodological process should become a procedural part of competition claims, Mr Justice Marcus Smith has said.

Presumption of parental influence a concern, barrister says

04 October 2018

A ruling to allow two UK subsidiaries to be used as anchor defendants in follow-on litigation – on the presumption that they did not act independently of their parent companies – could increase the risk of irreconcilable judgments, a competition barrister has cautioned.

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 over 25 years’ experience litigating claims in the UK and other jurisdictions. Anthony has established Hausfeld as the market leading claimant firm in Europe and is widely credited for his role in the development of European competition damages litigation.

Anthony has been involved in some of the largest competition claims brought in Europe. He is regarded as a skilled negotiator with a renowned ability to formulate innovative settlement strategies - he has personally overseen over a dozen settlements on behalf of over 100 claimants worth millions of pounds.

Anthony is regarded by peers in the profession as one of the leading competition litigators .

 

Keynote Speakers

Nicholas Khan QC

Legal Adviser, Legal Service of the European Commission, Brussels

Nicholas Khan was called to the Bar of England and Wales in 1983 and has since practised almost exclusively in the field of European law, both in private practice at the Bar in London and for many years as a member of the Legal Service of the European Commission. His experience covers a wide range of matters, including; sex discrimination, free movement of persons, the Brussels Regulation on jurisdiction, anti-dumping, State aid and competition.

The Honourable Mr Justice Marcus Smith

High Court, Chancery Division and Chair of the Competition Appeal Tribunal, London

Mr. Justice Marcus Smith was appointed to the Chancery Division of the High Court, and additionally sits as a Chairman in the Competition Appeal Tribunal (“CAT”) and the Upper Tribunal (Tax and Chancery). As a barrister (call 1991, silk 2010), he specialised in commercial and commercial chancery work, including an extensive arbitration and regulatory practice.

Marcus has been a Chairman of the CAT since 2009, and has presided over cases spanning the entire range of the CAT’s jurisdiction, including appeals from the OFT/CMA/OFCOM, mergers (notably, Eurotunnel 1), follow-on claims (notably, Cardiff Bus and Deutsche Bahn) and stand-alone actions (notably, Sainsbury’s v. MasterCard). Marcus has written extensively on legal topics, and is the co-author of The Law of Assignment (3rd ed 2018).

Speakers

Tom Cassels

Linklaters, London

Paul Chaplin

Hogan Lovells International, London

Peter Davis

Cornerstone Research, London

Kim Dietzel

Herbert Smith Freehills, London

Laurent Geelhand

Hausfeld, Brussels, London and Paris

Kenny Henderson

Stewarts, London

Belinda Hollway

Scott+Scott, London

Anneli Howard

Monckton Chambers, London

Helen Jenkins

Oxera, London

Tristan Jones

Blackstone Chambers, London

Ronit Kreisberger

Monckton Chambers, London

Sara Masters QC

20 Essex Street, London

Martin Rees

Squire Patton Boggs, London and Brussels

Mark Sansom

Freshfields Bruckhaus Deringer, London

Mark Simpson

Norton Rose Fulbright, London

Damian Taylor

Slaughter and May, London

Rhodri Thompson QC

Matrix Chambers, London

Martijn van Maanen

BarentsKrans, The Hague

Programme

8.30: Welcome coffee and registration

9.00: Chairs' opening remarks

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

9.15: Keynote address

The Honourable Mr. Justice Marcus Smith, High Court, Chancery Division and Chair of the Competition Appeal Tribunal, London

9.50: Economics in action – how the court assesses loss – lessons from practice

A panel of economists and lawyers will consider, based on experience, how the Court approaches the assessment loss in cartel damages cases and the lessons to be learnt.

Moderator
Nicholas Heaton, Hogan Lovells International, London

Panel: 
Mark Sansom, Freshfields Bruckhaus Deringer, London
Helen Jenkins, Oxera, London
Peter Davis, Cornerstone Research, London
Martin Rees, Squire Patton Boggs, London

11.15: Coffee break 

11.45: Mass claims – approaches to the management, coordination and bundling of large numbers of related claims

In the light of recent and future cases such as the interchange fee litigation, Air Cargo and Trucks; an international panel discussion of developments in mechanisms for bringing claims;

  • The management by the Courts and parties of multiple claims arising from a single infringement (e.g. Interchange cases) – what has gone wrong and how can this be made to work both domestically and internationally?
  • Different approaches to claims consolidation – class actions, assignment/claims vehicles, and consolidation – what is effective and why?
  • Will the trend of claim aggregation continue or will we see more individual claims?

Moderator:
Kenny Henderson, Stewarts, London

Panel:
Kim Dietzel, Herbert Smith Freehills, London
Martijn van Maanen, BarentsKrans, The Hague
Damian Taylor, Slaughter and May, London
Laurent Geelhand, Hausfeld, Brussels, London and Paris

13.00: Networking lunch

14:00: Applicable law in light of Deutsche Bahn v MasterCard and the Vattenfall jurisdiction ruling

Deutsche Bahn v MasterCard was the first decision directly to address the applicable law in relation to A101 infringement damages case.  What have we learnt and how might it apply in other cases? What will the High Court jurisdiction ruling in Vattenfall mean for jurisdiction and applicable law in pan European claims? This session will deal with knowledge and implementation, anchor defendants and bringing in parallel claims as well as the ramifications of dealing with multiple applicable laws in a one stop shop forum.

Moderator
Mark Simpson, Norton Rose Fulbright, London

Panel:
Anneli Howard, Monckton Chambers, London
Paul Chaplin, Hogan Lovells International, London
Tristan Jones, Blackstone Chambers, London
Tom Cassels, Linklaters, London

15.10: Geographical scope of damages claims revisited

In light of the CJEU judgment in Intel and the Court of Appeal judgment in Illiyma v Schott are there any practical territorial limits on claims for breach of EU competition law?

Speaker:
Sara Masters, 20 Essex Street, London

15.40: Coffee break

16.05: Court of Appeal interchange case

Following the Court of Appeal’s judgment in Interchange this panel will examine the wider consequences of the judgment in relation to important matters such a pass on, the case management approach adopted in the interchange litigation, the current status in relation to the hundreds of Interchange claims and the prospects on appeal.

Moderator
Anthony Maton, Hausfeld, London and Brussels

Panel:
Belinda Hollway, Scott+Scott, London
Ronit Kreisberger, Monckton Chambers, London
Rhodri Thompson, Matrix Chambers, London

17.05: Closing speech

Nicholas Khan QC, Legal Adviser, Legal Service of the DG Competition European Commission, Brussels

17.45: Chairs' closing remarks

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

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

Venue

Exchange House, Primrose Street, London, EC2A 2EG, 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  24 August 2018
Early £875 21 September 2018
Standard £975 4 October 2018

 

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