CONFERENCE PROGRAMME


WEDNESDAY 27 OCTOBER 2010

Moderator:
Frank Fine (Director, EC Competition Law Advocates, Brussels)


08h40 :


Registration and welcome coffee


09h15 :


Keynote presentation
Nadia Calvino
- Deputy Director-General for Mergers and Antitrust, European Commission


09h45 : Hendrik Viaene
- Partner, Stibbe Brussels
Bernard Amory
- Partner, Jones Day Brussels
  • "Latest developments in EU cartel enforcement policy"

  • Airfreight: Extraterritorial jurisdiction taking a new turn?
  • T-Mobile: Does this judgment signal a new policy on information exchanges and for liability for a single contact with competitors?
  • Calcium Carbide: What are the legal measures available to cartelists to reduce, eliminate or postpone payment of fines on grounds of inability to pay?
  • The Commission's updated policy on "crisis" cartels
  • Have antitrust compliance programs regained their ground as a mitigating circumstance?

10h45 : Coffee break


11h15 : Johan Ysewyn
- Linklaters Brussels
Dirk Van Erps
- Head of Unit, Cartels II, DG COMP, EC
  • "Dawn raids: how far can the Commission go"

  • What level of "cause" is necessary to justify a search of premises, and can an unjustified search be challenged in the CFI, or damages obtained?
  • What tools are available to the Commission in carrying out searches of computers, and what are the rights of defence against such searches?
  • What is the legal extent of information sharing among competition authorities in the wake of a multi-jurisdictional raid?

12h00 : Julian Joshua- Partner, Howrey Brussels
  • "Is the Commission stretching the SCI concept beyond the limit of its logic?"

12h30 : William Bishop
- Vice President, Charles River Associates
Amelia Fletcher (to be confirmed)
- Chief economist, Office of Fair Trading, UK
  • "The economics of cartel defense"

  • The tactical role of economic analysis in the Article 81 assessment and for seeking a reduction in fines
  • Can proof that an alleged cartelist acted "competitively" result in a significant reduction in the fine?
  • When is relevant market analysis useful in the context of cartel defense?

13h30 : Lunch


14h45 : Mario Siragusa
- Partner, Cleary Gottlieb Steen & Hamilton, Rome
Cesare Rizza
- Partner, Cleary Gottlieb Steen & Hamilton, Rome
Jean-Francois Bellis
- Partner, Van Bael & Bellis, Brussels
Conor Quigley Q.C.
- Brick Court Chambers, London
  • "Leniency and settlements"

  • Has the 2006 EU Leniency Notice been a boon or a burden?
  • What has the Commission's experience in Airfreight shown in respect of the unreliability of leniency statements as probative evidence?
  • What can be expected from the adoption of the ECN Model Leniency Programme?
  • Are the benefits under the 2008 Settlements Notice sufficient to justify a compelled admission of liability?

15h45 : Daniele Calisti
- Private Enforcement Unit, DG COMP, EC
Pierre Bos
- Partner, BarentsKrans Den Haag
Richard Alan Arnold (to be confirmed)
- Kenny Nachwalter
  • "Managing follow-on litigation risk"

  • What is the status of class actions in the US and EU Member States, and what are the risks that they pose?
  • Are there legal measures to prevent (or to compel) the production of evidence in other jurisdictions, such as the US?
  • Can a Statement of Objections, or evidence in support of it, be obtained in a US court?
  • Does the CFI have a role to play in resisting intrusive discovery requests or in staying national court proceedings?

17h00 : Closing drink




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