Competition Law for In-House Legal Advisers - Bristows

part of
The In-House Lawyer series
ONLY £299
for in-house legal advisers!
Book by Friday 7 May 2010
Competition Law for
In-House Legal Advisers
A comprehensive update on UK and EU competition law
developments designed specifically for in-house legal advisers
Chaired by:
PAOLO PALMIGIANO
European Association of
In-House Competition Lawyers
Regulatory perspectives:
CLAUDE RAKOVSKY
European Commission
JACKIE HOLLAND
Office of Fair Trading
In-house perspectives:
RAJ ROY
Vodafone Group Services Ltd
Mark Haskew
Barclays
Niamh McCarthy
BA
Expert workshop hosts:
MICHAEL GRENFELL
Norton Rose LLP
Peter Scott
Norton Rose LLP
SUSAN HANKEY
CMS Cameron McKenna LLP
SAM SZLEZINGER
Denton Wilde Sapte LLP
ROB MURRAY
Crowell & Moring LLP
Gez Owen
Crowell & Moring LLP
Pat Treacy
Bristows
Robert O’Donoghue
Maya Lester
Brick Court Chambers
Wednesday 30 June 2010
Central London
This conference will focus on the issues
of real concern for in-house lawyers, including:
• The reform of the vertical restraints block exemption
• The Office of Fair Trading and European Commission’s
current priorities
• Compliance programmes best practice
• Criminal and civil liability of directors and officers
• Corporate anti-trust recovery actions
• Abuse of dominant position and how the
new approach affects your business
• How to deal with cartel investigations and
tension with leniency programmes
Meet our sponsors:
•6
Solicitors Regulation Authority
CPD
hours
Bar Standards Board
BOOK TODAY tel +44 (0)20 7347 3573
fax +44 (0)20 7347 3576 email registrations@lexisnexis.co.uk
www.conferencesandtraining.com/competition-law-inhouse
•

A comprehensive update on UK and EU competition law
developments designed specifically for in-house legal advisers
2009 saw record fines levied in competition law,
some in excess of €1 billion. In addition, the new
EU vertical agreements block exemption regulations
are due to come into force in June and, following
the organisational shake up at the Commission, their
enforcement priorities may well change in 2010.
Butterworths ® Competition Law for In-House Legal
Advisers has been specially devised for in-house
lawyers advising on competition law matters. Our
extensive market research shows that in-house
advisers have different learning needs to private
practice competition lawyers. This conference will
keep you up to date with this complex and everchanging
area of law and will address those problems
in-house lawyers face on a day to day basis.
Chaired by Paolo Palmigiano, Chair of the European
Association of In-House Competition Lawyers,
this conference lets you share ideas with fellow
in-house lawyers and benefit from the insights of
competition law experts from private practice,
regulatory bodies and industry, including the
European Commission, Office of Fair Trading and
Vodafone.
Who should attend?
This conference has been designed for in-house
lawyers, competition counsel, company secretaries
and company directors who deal with competition
law matters either exclusively or as part of their wider
in-house role.
You will be in good company,
past delegates include:
Advent Europe Ltd • Airwave Solutions
Ltd • Akzo Nobel NV • Alcatel-Lucent
Submarine Networks Ltd • American Express
Services Europe Limited • Anglian Water
Services Ltd • Apacs (Administration) •
Barclays Bank plc • Black & Veatch Ltd •
BP International Limited • British Medical
Association • British Standards Institute • BT
• Cadbury plc • Celtic F.C. Limited • DST
Global Solutions Ltd • EMI Records Group
UK & Ireland • Gallaher Ltd • Gazprom
Marketing & Trading Limited • Guardian
News & Media Ltd • Homes & Communities
Agency • HSBC Bank plc • 3G UK Ltd •
International Brand Management Limited •
Kingston Communications • Legal & General
Investment Management Limited • Lloyds TSB
plc • LSL Property Services plc • Ministry of
Defence • National Air Traffic Services Ltd •
National Express Group plc • Office of Rail
Regulation • Ofwat • Otsuka Pharmaceutical
Europe Ltd • PayPoint Ltd • Pennon Group
plc • PSG Franchising Ltd • Ramboll UK
Limited • The Royal Bank of Scotland • Royal
Mail Group Ltd • Shell International Ltd •
Syngenta • The Go-Ahead Group plc • Trans
Global Group Limited • Visa Europe Ltd •
Vodafone Ltd • Wincanton plc • XChanging
Hear what our 2009 Competition Law for In-house Legal Advisers delegates said:
“A complex subject made relevant and important to the in-house lawyer”
K. Devereux, Go-Ahead Group
“Very practical in its application to everyday problems that come across an in-house lawyer’s desk”
S. Davis, Commercial Legal Director
“A stimulating course addressing current issues, delivered in an interesting and thought
provoking way”
H. Jenkins, Gallaher Ltd
To discuss this conference in further detail or to secure your place please call Marcella Barron on 020 7400 2724

Programme – Wednesday 30 June 2010
08:45 Registration and coffee
09:15 Chair’s opening remarks
Paolo Palmigiano, Chairman, European Association of In-House Competition Lawyers
09:20 A view from the regulators on the latest competition law developments
• What is the current focus of the OFT?
• The reform of the vertical restraints block exemption: what impact will this have in practice?
• The Lisbon Treaty: structural changes and Articles 101 and 102 (formerly 81 and 82)
• What is the European Commission’s focus following the recent personnel changes
• The Commission’s proposals for encouraging private claims for infringement of EU competition law – where
are we now?
Keynote address
Jackie Holland, Director of Competition Policy, Office of Fair Trading
Claude Rakovsky, Head of Unit, Antitrust and Mergers Policy and Scrutiny,
European Commission, DG Competition
10:20 Workshop 1
Delegates can choose which option to attend
Option A: The emergence of directors’
and officers’ liabilities in both criminal
and civil cases
This session will address the criminal and civil sanctions and
penalties which a director or officer may face including:
Criminal
• UK cartel offence
• US offences
• Global cartels: air cargo fuel surcharges, marine hose
• Extradition
• Restraint and confiscation proceedings
Civil
• Safeway v Twigger
• US
• Competition Disqualification Orders
Avoiding/minimising liabilities
• Immunity applications
• “No Action” and “comfort” letters
• US plea bargaining
• D&O cover
Gez Owen, Partner, Crowell & Moring LLP
Option B: Agreements with customers
and suppliers – life after the new verticals
block exemption
It’s not just dealings with competitors that raise competition
law issues; dealings with customers and suppliers pose
challenges and risks to manage.
• What kinds of exclusivity are acceptable?
• Can you ever limit the prices which your customers set?
• When can you reward loyal customers with rebates?
• What happens if customers tell you about your
competitors’ conduct?
• Is there a role for category management?
• How does the new vertical agreements block exemption,
adopted by the EU this summer, change matters?
We will guide you through the thickets with practical,
interactive case studies.
Michael Grenfell, Partner, Norton Rose LLP
11:35 Coffee
11:50 Workshop 2
Delegates can choose which option to attend
Option A: Compliance programmes
best practice
• Context and objectives
• Documentation – 100 pages or 10 golden rules?
• Training – who, how, on what, by whom, where?
• Achieving active engagement – making it “real”, user
friendly and effective
• Practical activities – workshops and mock raids
• Incorporating online options
• Cost effectiveness
Susan Hankey, Partner,
CMS Cameron McKenna
Option B: The shrill sound of whistle
blowing – practical considerations when
pursuing leniency or early settlement
When involvement in cartel activity is discovered, the prospect of
leniency or early settlement will often appear attractive. However,
a decision to ‘give up the fight’ can involve a commitment on the
same level as defending the allegations. We address the practical
considerations for in-house counsel to have in mind when faced
with a potential cartel investigation, including:
• The obligations of full co-operation with the competition
authority
• Securing documents and protecting privilege
• Managing the individuals involved
• Anticipating follow-on litigation
Peter Scott, Partner, Norton Rose
BOOK TODAY tel +44 (0)20 7347 3573 fax +44 (0)20 7347 3576

12:55 Lunch break
13:55 Workshop 3
Delegates can choose which option to attend
Option A: Corporate anti-trust recovery
actions
• Asset: fiduciary duties
• Jurisdictional choices
– UK or Germany?
– CAT or High Court?
• Liability: cartel “follow on”, joint and several
• Causation, pass on defence
• Quantification: overcharge, lost sales
• Time cost of money
• Data, disclosure and economics
• Commercial risks: group actions
• Financial risks: fees, funding and insurance
• Settlement strategies
Rob Murray, Partner, Crowell & Moring LLP
Option B: Article 102 – a practical
guide. What does the new approach on
dominance mean for dominant companies
and those that deal with them?
This session will explain how the new approach on
dominance will affect companies that may be dominant, as
well as their competitors, customers and suppliers.
Sam Szlezinger, Partner, Denton Wilde Sapte
15:00 Tea
15:15 Workshop 4
Delegates can choose which option to attend
Option A: Legal privilege in competition
matters – the problems for the in-house
lawyer
• Parallel systems of privilege – UK and EU privilege – key
differences, and which applies when
• Privilege in a dawn raid situation – keeping one step
ahead of inspectors
• Practical steps for maintaining privilege in contentious
and non-contentious situations
Pat Treacy, Partner, Bristows
Option B: Appeals to the Competition
Appeals Tribunal
• The Tribunal
• Appeals against penalties
• Damages actions
• Appeals in non financial penalty cases
– merits based review
– judicial review
• Some practical aspects of appeals
Robert O’Donoghue, Brick Court Chambers
Maya Lester, Brick Court Chambers
16:20 In-house perspectives on how to deal with compliance, how to train staff
and how to prepare and deal with dawn raids
Drawing on themes addressed during the conference, panellists will discuss the different approaches to
compliance, and how to reduce the companies’ compliance risk and prepare your company for a potential
dawn raid.
Panel session
Moderated by:
Paolo Palmigiano, Chairman,
European Association of In-House
Competition Lawyers
Panellists to include:
Raj Roy, Senior Solicitor, Competition and Regulation, Vodafone
Mark Haskew, Associate Director, Group Competition Law, Barclays
Niamh McCarthy, Competition and Regulatory Lawyer, BA
17:00 Chair’s closing remarks and close of conference
17:10 Drinks reception
email registrations@lexisnexis.co.uk
www.conferencesandtraining.com/competition-law-inhouse

Meet our workshop sponsors:
CMS Cameron McKenna is part of the CMS organisation of nine
independent law and tax firms providing high quality legal and tax advice
in 27 jurisdictions, with over 2,400 lawyers in 53 offices across Europe
and beyond. CMS prides itself on combining deep local expertise with
extensive industry-specific knowledge. More than 150 specialists in the
CMS Competition Group advise on the whole range of merger control,
behavioural issues and state aid.
Crowell & Moring is an internationally recognised, full-service law firm
with offices in Washington D.C., New York, London, California, Brussels
and Alaska. With over 500 attorneys and other lawyers, we represent major
businesses, governments and other organisations in complex regulatory
and administrative investigations, high-stakes dispute resolution and
sophisticated business transactions. We are known for our leading practices
in Antitrust, Litigation, International Arbitration, Corporate, Securities,
Intellectual Property, Health Care and our premier Government Contracts
practice.
Clients facing difficult challenges commend Denton Wilde Sapte’s deep
practical understanding of their business environment and the competitive
challenges they face. Our legal advice is informed and inspired by our
knowledge and experience of working in selected industry sectors and
international markets, allowing us to specifically tailor our advice to help our
clients achieve their business objectives. With over 750 legal staff we provide
a broad range of commercial legal services.
Norton Rose Group is a leading international legal practice. We offer a full
business law service from offices across Europe, the Middle East, Asia and
Australia.
We are one of the few major international legal practices to combine a
substantial merger control practice with a significant non-transactional
competition practice, including a specialised cartel investigation unit. The
competition and regulatory group has wide experience of EU and national
competition and regulatory regimes in a wide range of industry sectors.
Unusually among leading European legal practices, we have a large
number of senior lawyers who have worked inside government and
regulatory agencies – giving us a better understanding of the approach
and priorities of competition officials, policymakers and enforcers, and
enhancing the value of the services we offer.
Based in the City of London, Bristows is a globally recognised law firm
advising clients in several core sectors including technology, media and
telecommunications; life sciences; consumer goods; real estate; engineering;
and financial services. Bristows has won awards for its complex work, with
over 75% of its partners being recommended by legal directories as experts
in their respective specialist fields, including competition, IP, IT, real estate,
litigation, corporate, commercial, advertising, data protection and regulatory.
BOOK TODAY tel +44 (0)20 7347 3573 fax +44 (0)20 7347 3576

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Competition Law for In-House Legal Advisers
Wednesday 30 June 2010 • Central London
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