|Our first event will be organized on May 18-19, 2018 in Lisbon, Portugal.
Five panels of outstanding speakers will debate on the following subject: “ Hot topics of antitrust : towards European convergence“. Our focus will be to draw conclusions from recent precedents that are useful and practical for all competition lawyers. A social program with a culinary highlight on Friday night will allow networking in a relaxed atmosphere. You can download the brochure of the seminar here.
Collusion through third parties
|Panel moderator: Kristian Hugmark, Roschier, Sweden
Panelists: Alexander Birnstiel, Noerr, Germany / Camilla Holtse, Maersk, Denmark / Adrian Majumdar, RBB, UK / Miguel Rato, Quinn Emanuel, Belgium / Grégoire Ryelandt, Deprevernet, BelgiumThis panel will focus on recent enforcement trends related to hub-and-spoke and signaling cases. Is there a coherent and credible legal test developing in the Member States despite
the lack of guidance from the European Commission and the Courts in Luxembourg? And if so, is that test the right one both from the perspective of the legal requirements for
a “concerted practice” and theories of harm? The discussion will cover topics such as:
• What role does actual intent play when identifying a concerted practice through an intermediary?
• Can anybody be a hub? Even customer representatives?
• One-way communication – what are you allowed to say? To whom? Where? When?
• The receiving end of one-way communication – when does “adapting oneself intelligently” become collusion?
• “Speak to the hand” – practical guidelines for self-assessment
|Panel moderator: Stephen Whitfield, Travers Smith, UK
Daniel Colgan, DLA Piper, Belgium / David Hull, Van Bael & Bellis, Belgium / Tero Louko, Google, Belgium / Andrea Pomana, Debevoise & Plimpton, Germany / Elena Zoido, Compass Lexecon, SpainIn their recent enforcement of abuse of dominance cases, in particular in the technology sector and other IP-rich industries such as life sciences or healthcare, authorities have embraced effects-based approaches to assessing the (alleged) abuses of dominance. However, what does this approach mean in practice for complainants, defendants, authorities, and also counsel in daily practice? This panel will examine the kinds of evidence which have been persuasive in abuse of dominance cases, and the kinds of evidence which have been discounted. The panelists will also discuss whether the authorities are getting the balance right, and their expectations for the future. We will explore:
• To what extent (if at all) are competition authorities accounting for innovation in carrying out abuse of dominance investigations?
• What has been persuasive in recent abuse of dominance cases, and what has not been persuasive?
• What is the burden on complainants and defendants in an effects-based world?
• How do these considerations change as a case progresses from its earliest stages through to the decision?
• What are the kinds of economic evidence that work well, and is there still a meaningful role for non-economic evidence?
• Are authorities getting the balance right?
What works when appealing decisions ?
|Panel moderator: Aleksander Stawicki, Wkb Wierciński Kwieciński Baehr, Poland
Panelists: Astrid Ablasser-Neuhuber, bpv Hügel, Austria / Aleksandra Boutin, Compass Lexecon, Belgium / Martin André Dittmer, Gorrisen Federspiel, Denmark / Robert Neruda, Havel & Partners, Czech Republic / Inês Sequeira Mendes, Abreu Advogados, PortugalThis panel will focus on practical experience obtained when appealing against decisions of competition authorities. We will discuss what works and what does not work before EU and national courts, with particular attention to issues relating to various types of formal (procedural) charges (including charges related to violation of fundamental rights of undertakings) and the role of economic evidence. We will also discuss strategies for handling the appeal process.
• The scope of judicial review & grounds for appeal.
• Protection of fundamental rights of undertakings – a secret weapon?
• Other procedural infringements – do courts want to hear about them?
• EU competition law – does it have a real impact on national jurisprudence?
• The inﬂuence of Strasbourg and Luxembourg case-law on national jurisprudence
• What is the role of economic evidence?
• Is there any appetite for stand-alone damage claims?
• Strategy for an appeal.
Hot issues and trends
|Panel moderator: Pedro Callol, Callol, Coca & Asociados, Spain
Panelists: Rick Cornelissen, Houthoff, Netherlands / Nadine Hermann, Quinn Emanuel, Germany / Anne Morfey, Hausfeld, UK / Florian Neumayr, bpv Hügel, Austria / Ricardo Oliveira, PLMJ Advogados, Portugal / Stephen Smith, Bristows, UKAntitrust damages claims have been widely regarded as potentially the most powerful deterrent to antitrust infringements. The EU Antitrust Damages Directive seeks to harmonize Member State law applicable to antitrust damages claims; yet its implementation at the national level leaves questions unanswered that the courts will have to address. Issues we intend to explore include:
• Jurisdictional and conﬂicts of laws issues (competent courts and applicable law).
• The interaction between public enforcement and private enforcement of competition law.
• Funding of damage claims. Legal vehicles and their treatment under national law.
• Discovery. Implementation throughout the various Member States and lessons to be learned from those jurisdictions with more experience in the area.
• Joint and several liability. The rule and the exceptions. Temporal application.
• Lack of harmonized rules on class actions. How do Member States cope?
From platforms to algorithms
|Panel moderator: Sebastian Janka, Noerr, Germany
Panelists: Aurélien Condomines, Aramis, France / Yusuke Kaeriyama, Nagashima Ohno & Tsunematsu, Japan / John Snyder, Alston & Bird, USA /Lars Wiethaus, Charles River Associates, BelgiumAntitrust law in the online/digitalized world has many features and raises many issues. Recently topics such as Robot cartels and the responsibility of algorithms, market power and Big Data / Big Analytics have been on the headlines. We will discuss the following core issues:
• Market definition – how can/must markets be defined?
• Big Data / Big Analytics (AI/deep- & self-learning) and market power
• Robot cartels and responsibility of algorithms
• Cooperation between competitors – new forms of interfaces in the industry 4.0
• platforms and platform regulation
Participants will be attending a welcome cocktail on Thursday night, dinner with a surprise event on Friday night and an optional social program on Saturday afternoon, followed by an optional diner.
VENUE AND ACCOMMODATION
EPIC SANA Lisboa Hotel | Av. Eng. Duarte Pacheco, 15 | 1070-100 Lisboa – Portugal
We have reserved a limited number of hotel rooms at a preferential rate of EUR 230 for a single room / EUR 250 for a double room (breakfast included). Please contact the hotel directly and mention your participation in the event. Make your reservations as soon as possible to ensure availability.
FEE AND REGISTRATION
The participation fee is EUR 390 and includes the entire academic program, as well as the
Register now :
Unfortunately, this event is now fully booked ! However, you can add your name to our waiting list