Antitrust litigation in a modern world: Competition law as a shield or a sword?

Lyon, France

03 October 2019 - 05 October 2019

Annual Antitrust Conference


Thursday 03 October 2019

17:00 » 18:00 Registration at the College Hotel
Address: 5 Place Saint-Paul, 69005 Lyon, France
18:00 » 20:00 Welcome Cocktail at the College Hotel
Address: 5 Place Saint-Paul, 69005 Lyon, France
20:30 Optional dinner
Not included in the registration fee, payable locally

Friday 04 October 2019

08:00 » 09:00 Registration at the Hotel Cour des Loges
Address: 6 Rue du Boeuf, 69005 Lyon, France
09:00 » 09:15 Welcome address
Paola Fudakowska, AIJA President, FCO Legal Directorate (United Kingdom)
Farid Hamel, Batonnier
Franck Heurtery, President CIBLY
09:15 » 10:15 New developments in public and private enforcement of Antitrust law

While the European public enforcement policy reinforces national competition authorities’ investigation powers and jurisdictional review through the ECN+ directive, companies are also facing growing financial risk exposure when suspected to violate antitrust rules through the development of private enforcement world-wide. National competition authority’s representatives and practitioner will address the most recent developments in public and private enforcement in light of their day-to-day practices.

Moderator:
Ms. Pauline LE MORE; LL.M. (Paris/Köln, McGill), LeMore Avocat (Paris, France)
Speakers:
Mr. Pascal BERGHE, Member of the Legal Service, European Commission (Brussels, Belgium)
Ms. Anne KRENZER, Advisor to the Head of investigations, Leniency & European Liaison Officer, French Competition Authority (Paris, France)
Mr. Nick E.O. GAGLIO, Partner, Axinn, Veltrop & Harkrider LLP (New York, United States)
10:15 » 10:45 Coffee Break
10:45 » 12:15 Protective purposes of Antitrust law in an interconnected world – for what are we fighting today?

In the last decade, both new rules and new factual realities forced debating relatively innovative avenues of Competition Law. By means of obvious examples, there has been undoubted (maybe also unexpected?) impact on solidly rooted leniency systems as a consequence of widespread damage claims in distinct jurisdictions. Likewise, it is also evident that digitisation is heavily challenging solid antitrust concepts such as exploitative abuses -are they possible vis-à-vis consumers and their data? (see the German Facebook case)- or some very fundamental aspects of collusion -are algorithms capable of colluding?. This panel aims at addressing these new challenges for competition law identifying three main areas of concern and trying to find answers to some very basic policy questions: Where are we going to? Where should we be going to? Do the answers match at all?

Moderator:
Jitka Linhartová, Nedelka Kubáč advokáti (Praha, Czech Republic) 
Speakers:
Professor Anne TERCINET, EM Lyon (Lyon, France)
Mr. Patrick GOUDREAU, CMKZ LLP (Montreal, Canada)
Mr. Alfonso RINCÓN GARCÍA LOYGORRI, PhD (San Pablo CEU University, Madrid), Martínez Lage Allendesalazar & Brokelmann Abogados (Madrid, Spain):
12:15 » 13:45 Lunch
13:45 » 15:15 The plaintiff’s corner – how to fight for your clients’ interests in competition cases?

The EU Antitrust Damages Directive aimed at levelling the playing field for claimants and defendants across the Member States. Nearly three years after its implementation, marked differences between the national frameworks, however, persist and pursuing private damages claims remains complex. Understanding the practical, economic and legal difficulties is key when assessing whether to bring an antitrust damages action. Antitrust litigation practitioners from different Member States will discuss these issues in light of their experiences in their home jurisdictions in an interactive format.

Moderator:

Mr. Vasil SAVOV, CDC Cartel Damage Claims (Luxemburg, Luxemburg)
Speakers:
Dr. Dirk WIEGANDT, LL.M. (Cambridge, United Kingdom), Hanefeld (Hamburg, Germany)
Mr. Toni KALLIOKOSKI, Dittmar & Indrenius (Helsinki, Finland)
Mr. Mario CELAYA (Paris, France)
15:15 » 15:45 Coffee break
15:45 » 17:00 The defendant’s corner: How to fight against civil claims in antitrust law

Defendants in civil suits have to fight – whether they want it or not. Our panelists will discuss typical and untypical defense arguments in cartel and abuse cases. We will talk about the question of whether defendants can coordinate their defense strategies. In addition, we discuss how to calculate joint and several compensation and clarify who can ultimately be held liable for damages. A debate on manager liability and D&O insurance for cartel damages will round off our panel.

Moderator:

Dr. Jochen BERNHARD, Menold Bezler (Stuttgart, Germany)
Speakers:
Ms. Khushbu KUMAR, Reed Smith LLP (Paris, France)
Dr. Martin RAUBER LL.M., Eversheds Sutherland (Zurich, Switzerland)
Dr. Fred WANDSCHNEIDER, CEG Global (Düsseldorf, Germany)
Lumine VAN UDEN, Houthoff Advocaten (Amsterdam, Netherlands)
17:00 » 17:30 Commission meeting
20:30 Dinner at Brasserie des Brotteaux
Address: 1 Place Jules Ferry, 69006 Lyon, France

Saturday 05 October 2019

09:00 » 10:30 Focus on media – how to struggle with a fast-evolving competition world
Moderator:
Ms. Marion LINGOT, LL.M. Paris/Köln, Fiducial by Lamy (Lyon, France)
Speakers:
Mr. Luca GUIDOBALDI, LL.M. (U.Wash.), NCTM (Roma, Italy)
Mr. Mattijs BANEKE, Stek (Amsterdam, Netherlands)
Ms. Luciana MARTORANO, LL.M. (Universidade de São Paulo-USP), Martorano Law (São Paulo, Brazil)
Ms. Beatrice STANGE, LL.M. (King’s College London), HEUKING KÜHN LÜER WOJTEK, Düsseldorf (Germany)
10:30 » 10:45 Coffee Break
10:45 » 12:30 Strategic Negotiations in Competition Law

This panel focuses on competition law settlements and necessary negotiation skills from an insider’s perspective. The panelists will reflect both on proactive as well as defensive or reactive strategies and tactics in settlement negotiations vis-à-vis cartel authorities or cartel damage claimants as well as cartel damage defendants. Additionally, the panelists look into strategy to maintain existing business relationships among the stakeholders and find creative ways to achieve amicable solutions.

Moderator:

Dr. Jens STEGER, M.A. (King’s College London), Simmons & Simmons (Frankfurt, Germany)
Speakers:
Dr. René A. PFROMM, LL.M. (Harvard), Strategic Negotiation Expert, Pfromm Negotiations (Germany)
Dr. Till SCHREIBER, CDC Cartel Damage Claims (Belgium)
Dr. Robert HARDY, LL.M. (Harvard), Simmons & Simmons LLP (Netherlands)
Mr. Simon LATHAM, LLM (King’s College London), Augusta Ventures (United Kingdom)
12:30 » 14:30 Lunch
15:00 » 17:00 Sightseeing of Lyon
No extra fee, maximum 30 people
Departure from Vieux Lyon metro station (Av. A. Max, 69005 Lyon next to the cathedral)
18:00 » 21:30 Optional social program - Cooking class and dinner at L'Atelier Gourmand
Not included in the registration fees, payable upon registration
Departure from 8 quai Romain Roland 69005 Lyon by bus