GCR's 2009 Competition Law Review
In-depth analysis and debate on all the recent developments in competition law and policy

16 & 17 November 2009, The Conrad Hotel, Brussels

Hear from senior decision-makers from the European Commission, the Federal Trade Commission, National Enforcement Agencies, the Judiciary and leading In-House Counsel, Economists and Lawyers in Private Practice.

In association with ESMT Competition Analysis

This conference will provide a unique opportunity to hear some of the most influential speakers debate and analyse all the key developments in competition law.

The aim of this conference is to address all the recent developments in the field of competition law and policy over the past year. GCR have brought together leading figures in the field from both Europe and the US including the European Commission, the Federal Trade Commission, members of the judiciary, competition enforcement agencies, in-house counsel, lawyers in private practice and consultant economists.

Despite the recession, DG Competition is busier than ever. There has been a drop in merger activity but high levels of cartel and article 82 investigations, with record fines being received in both. In addition there has been the largest sector inquiry to date in the pharmaceutical sector together with numerous other policy initiatives including the review of the vertical restraints regime with proposals to reform competition rules on distribution and other vertical agreements.

In the United States the Obama administration has promised to take a tougher stance on single-firm conduct and increasingly enforcers have focused on industry sectors, including telecommunications, technology and airlines and a particular focus with a particular focus on health care.

The programme will focus on developments in the four major areas: cartel enforcement, merger control, enforcement of article 82 and damages actions for the breach of the EC antitrust rules.

This conference will be of interest to:

• In house lawyers
• Lawyers in private practice
• Consultant economists
• National enforcement agencies
• Company directors

Hear the very latest on:

• Competition Snapshot - a year in review
• Latest developments in cartel enforcement - review of recent cases, level of the fines, direct settlements
• Information exchanges - challenges for antitrust in a recession
• Vertical agreements - the revised regulation and guidelines
• Recent developments in merger control - policy developments and emerging trends in an economic downturn
• Article 82 - competition issues in the high tech sectors and the Commission's final report on the Pharmaceutical Sector Inquiry
• Damages actions for Breach of the EC Antitrust Rules - passing on, opt-in and opt-out, disclosure and costs, quantification of damages
• 'Question time' - a roundtable discussion with senior representatives from national enforcement agencies and the courts

Day One - 16 November 2009

Chairman

Peter Alexiadis
Partner, Gibson Dunn & Crutcher LLP

09:00

Registration and coffee

09:20

Chairman's opening remarks

09:30

Competition Law Snapshot - A Year in Review

• The legacy of the Kroes' era
• Ever larger fines: Intel and Car glass
• New directions for vertical restraints policy
• More consultations and changes to come: Regulation 1/2003, horizontal agreements, ECMR
• The pharmaceutical sector inquiry findings: shocking?
• Merger control in a recession
• Challenges for the new DG Comp regime

• Tony Reeves
  Partner, Clifford Chance LLP

10:40

Coffee

11:00

Latest Developments in Cartel Enforcement

• Review of recent cases
• Level of fines
• Direct settlements - first assessment on how the process is working

Olivier Guersent
Director, DG Competition, European Commission
• Gerwin van Gerven
  Partner, Linklaters LLP
• Gary R. Spratling
  Partner, Gibson Dunn & Crutcher LLP

Comment from:

• Jürgen Schwarze
  Director Institute of Public Law, Department of European and Public International Law
• Wouter Wils
  Legal Service, European Commission and Professor King's College London

12:30

Lunch

13:45

Information Exchange - Challenges for Antitrust in a Recession

• Impact on trade associations
• Managing production shutdowns
• Tolling arrangements
• Extra compliance
• The recent T-Mobile case - whether a concerted practice (exchanging information at a single meeting) has an anti-competitive object.

• Robbert Snelders
  Partner, Cleary Gottlieb Steen & Hamilton LLP

14:20

Vertical Agreements - The Revised Regulation and Guidelines

Review of the main changes - resale price maintenance, selective distribution, Internet selling and distribution options of dominant firms

• Luc Peeperkorn
  Senior Administrator, DG Competition, European Commission

Panel discussion and comment::

• Stephen Kinsella OBE
  Partner, Sidley Austin LLP
• Nikos Vettas
  Professor, Athens University of Economics and Business, CEPR and Economic Advisory Group in Competition Policy
• Melanie Thill-Tayara
  Partner, Norton Rose

15:30

Tea

15:50

Recent Developments in Merger Control - Policy Developments and Emerging Trends in an Economic Downturn

Moderator: Philippe Chappatte
Partner, Slaughter and May

• Efficiencies in horizontal and non-horizontal mergers
• What have we learned from the current crisis?
• The failing firm defence - OFT and Commission
• Remedies
• The Commission's Review of the Merger Regulation and how it is working
• The ICN Recommended Practice for Mergers
• Recent economic developments in EC merger assessment
• Developments in the US

• Guillaume Loriot
  Head of Unit, Antitrust and Merger Case Support, DG Competition, European Commission
• Simon Priddis
  Partner, Freshfields Bruckhaus Deringer LLP
• Matthias Pflanz
  Vice President, Charles River Associates
• James W. Lowe
  Partner, Wilmer Cutler Pickering Hale and Dorr LLP

18:00

Close of Day One

18:00

Drinks reception

Day Two - 17 November 2009

Chairman

Lars-Hendrik Röller
President of ESMT

08:30

Coffee

09:00

Chairman's welcome and opening remarks

09:15

Keynote Address

Reflections on the past seven years
"Competition Policy Challenges in Europe"

• Philip Lowe
  Director General DG Competition, European Commission

09:45

Keynote Address

The first months of a new administration - priorities for enforcement, monopolisation and Article 2

• J. Thomas Rosch
  Commissioner, Federal Trade Commission

10:30

Coffee

10:50

Panel Session - Question Time

A roundtable discussion with senior competition representatives

Moderator: Lars-Hendrik Röller
President of ESMT
• J. Thomas Rosch
  Commissioner, Federal Trade Commission
• Philip Lowe
  Director General, DG Competition, European Commission
• Bruno Lasserre
  President, Autorité de la Concurrence
• Christian Ewald
  Chief Economist, Bundeskartellamt
• Philip Collins
  Chairman, Office of Fair Trading
• Frédéric Jenny
  Director for International Relations ESSEC, Judge Supreme Court of France

12:45

Lunch

14:00

Article 82 - Competition Issues in the High Tech Sector

Moderator: Thomas Vinje Partner, Clifford Chance LLP

Application of Article 82 in innovative and high-tech markets

• Review recent cases: Intel, Microsoft, Rambus
• The online commerce roundtable

• Nick Banasevic
  Deputy Head of Unit, DG Competition, European Commission
• James S. Venit
  Partner, Skadden Arps Slate Meagher & Flom LLP
• Lars Kjølbye
  Partner, Howrey, Brussels
• Jorge Padilla
  Managing Director, LECG
• Petri Kuoppamäki
  Vice President Corporate Legal, Nokia Corporation

15:00

The Pharmaceutical Sector Inquiry

The Commission's final report - findings and conclusions

• Philipp Gasparon
  Deputy Head of Unit, DG Competition, European Commission
• Stephen Kon
  Partner, S J Berwin LLP
• David H. Rosenberg
  Industry Affairs, Corporate IP, GlaxoSmithKline t.b.c.

16:00

Tea

16:15

Damages Actions for Breach of the EC Antitrust Rules

• Passing on; opt-in and opt-out; disclosure and costs
• Quantification of damages

• Daniele Calisti
  Private Enforcement Unit, DG Competition Comment and panel discussion
• Robert O'Donoghue
  Brick Court Chambers
• Gunnar Niels
  Director, Oxera
• Tim Reher
  Partner, CMS Hasche Sigle

17:15

Close of Conference