Every year, the LIDC organises an international Congress to study in particular two questions related to competition law, intellectual property law and/or unfair competition.
The LIDC further organises Webinars on competition law, intellectual property and unfair competition issues of relevance and interest for its members. Working groups are constituted to study in-depth certain legal developments.
LIDC Annual Congress
Every year, the LIDC organises an international Congress to study in particular two questions related to competition law, intellectual property law and/or unfair competition.
The annual Congress is generally organised by a National Group of the LIDC.
NEXT CONGRESS – LONDON 7/9 November 2024
The LIDC Congress 2024 will be held in London from 7 until 9 November 2024.
We are glad to inform you that the questions to be discussed during the London congress are as follows :
- Question A: What progress has been made, and is still to be made, in ensuring effective redress for harm resulting from infringements of competition law?
Background & Context:
It is generally accepted that private enforcement has an important role in increasing the effective functioning of competition regimes globally and that individuals and/or firms who suffer harm as a result of anti-competitive conduct should be entitled to compensation for their loss(es). Consequently, interest in, and the significance of, this aspect of the competition law ‘toolkit’ continues to grow.
There have been a number of initiatives in various jurisdictions to promote more private enforcement and provide the necessary legal and economic framework for this purpose. For example, in November 2014, the EU Damages Directive, which harmonised certain procedural rules for competition damages actions across all EU Member States (including the United Kingdom at the time) and sought to establish a level playing field across the EU, entered into force. Together with the 2013 Recommendation on Collective Redress, the Damages Directive was intended to make it easier for victims of anti-competitive conduct to obtain compensation.
During the past decade, the use of private enforcement of competition law has increased throughout Europe and beyond. However, the intensity and experience of private enforcement is very mixed. Some jurisdictions have considerable experience in dealing with damages actions, however, in others private actions are rare.
Major differences still exist among jurisdictions, even between the EU Member States. For example, in a number of Member States, there have not yet been any court rulings applying the provisions of the Damages Directive and, for temporal application reasons, many rulings are still based on pre-existing national law.
The 10th Anniversary of the EU Damages Directive provides the LIDC with an opportunity to take a critical look at how private enforcement has evolved around the world, taking stock of the progress that has been made and what obstacles remain, considering how these might be overcome to ensure: effective redress; and a balance between public and private enforcement.
National groups are invited to provide an account of the emerging practices and trends in private enforcement of competition law in their respective jurisdictions from a legal and economic perspective, reflecting on various factors such as: the relevant legal instruments; institutional developments; applicable jurisprudence; the relevant procedural, legal and economic framework; and key practical and litigation issues.
As announced previously, Andras M. Horvath has been appointed as International Rapporteur for Question A.
For those who have not already done so, we kindly invite you to designate your National Rapporteur for Question A and inform the LIDC as soon as possible and in any event no later than 15 December 2023.
- Question B: How should we approach copycat packaging ?
Do registered designs file against copycats and on what legal basis (IP and/or Unfair Competition Law)?
International Rapporteur, Prof. Ilanah Fhima has agreed to be the International Rapporteur for Question B.
Background & Context:
It is often said that “imitation is the sincerest form of flattery”, however the proliferation of high-profile disputes in recent years concerning ‘copycat’ packaging, product names, and/or ‘look-alike’ product design suggests that brand owners view such practices less as a compliment and more as harmful to their businesses and misleading for consumers.
In some jurisdictions brand owners rely on unfair competition law to prevent competitors selling products in copycat packaging. In other jurisdictions, however, claims are based on one or more form of IP infringement (e.g. trade mark, registered design, and/or copyright infringement, and/or “passing off”).
Claims can be challenging from a legal, evidential and practical perspective. It also raises concerns as to whether there is a gap in the law or sufficient protection, as well questions about the potential impact of divergencies in approach and legal basis.
A key consideration is the risk of business being diverted from brand owners who have made significant investments and the potential market distortion. There are also questions of goodwill and brand reputation management. For retailers (and others using such packaging) there are concerns about (unwarranted) restriction of market access as a result of enforcement action. As regards consumer protection, there is also the question of whether consumers are truly being misled, or whether they are aware that they are purchasing a cheaper alternative product to the branded product/market leader, especially when faced with the current ‘cost of living crisis’.
With this in mind, and in order to identify any areas of divergence/convergence internationally, National groups are invited to provide an account of the existing legal framework, case-law, and emerging practices and trends concerning similar packaging in their respective jurisdictions and whether/how this seeks to strike the balance between recognising brand owners’ investment and interests, protecting consumers from confusion and ensuring fair market access for competing products.
Given recent and ongoing cases in the United Kingdom, across Europe and beyond, we expect that Question B will generate a lot of interest and lively debate and look forward to engaging with the National Chapters and individual members on this highly relevant topic.
https://www.ligue.org/document/8ce4d0fbefab60f5434681b5ccd89a55
Past Congresses
The last LIDC Congress was be held in Gothenburg (Sweden) on 21-24 September 2023.
The questions discussed were the followings:
Question A
Do recent developments in enforcement, case-law, and guidance from competition authorities and regulators make the delineation between legitimate and efficient purchasing and supply arrangements and infringing conduct sufficiently clear in practice that businesses and their advisors know how to stay on the right side of the law?
Question B
What mechanisms exist to avoid over-broad trademarks and address concerns that the trademark registers are clogged (e.g. bad faith in Sky v SkyKick; requirements for evidence of use), and are these mechanisms effective?
More info here: https://www.ligue.org/congress/2023/
The conclusions from the working sessions and the reports can be found here (only for logged-in members): https://www.ligue.org/resources/search-in-all-documents/
Congresses Resolutions / Conclusions
LIDC resolutions adopted by the LIDC during the annual congress are available in the section Resources.
International and National Reports
LIDC international and National Reports adopted by the LIDC during the annual congress are available in the section Resources.
Photo Gallery
LIDC Webinars
Since 2018, the LIDC organises regularly lunchtime webinars on competition law and intellectual property hot topics. In the LIDC spirit, these webinars offer a comparative law approach to members.
The webinars are organised by Michel Ponsard and Nathalie Lobell Lastmann (Secretary General and Deputy Secretary General of the LIDC) and held jointly with the English and French Competition law association.
Next Webinars
The LIDC will be holding a joint lunchtime webinar with Nex Gen on Monday 17 June 2024 from 1pm to 2.00 pm (CET)
Leo Longauer has kindly agreed to speak on the following:
“Online Brand Protection: why is it important and what are the specificities; recent trends and technological developments”
The webinar will address the different forms of online infringements, the historical developments of online counterfeit and latest trends: what can be done from a legal and practical point of view. Leo Longauer will also address the importance of relevant IP rights, the appropriate level of monitoring and take down measures, as well as other possible remedies. Finally, Leo Longauer will discuss what KPIs should be fixed, as well as the importance of Online 2 Offline actions.
Leo Longauer, Director Brand Protection at LVMH in Paris and is responsible for overseeing anti-counterfeiting operations and teams for 29 Maisons of the LMVH group. This includes online brand protection programs as well as offline actions around the world. Advocating the importance of brand protection measures with law enforcement authorities, online platforms and other private and public stakeholders is also part of this work. Prior to joining LVMH, Leo was VP of IP at Swarovski, Head of Group IP at UBS and chef de section at the Swiss IPO. Leo holds a Master of Law degree from the University of Berne and an LLM in IP Law and Management from the University of Strasbourg (CEIPI).
Past Webinars
LIDC Webinars 2024:
- 21 May on : “Data Protection, Market Power and Business Models“;
- 25 January on: “Ownership of AI Works: IP and Competition Views”.
LIDC Webinars 2023:
- 15 June on : “Interim Measures in Competition Law Cases: status, recent developments and areas for improvement – Part II”
- 20 April on “Green Claims as an Unfair Commercial Practice” ;
- 11 May on “Interim measures in competition law cases- status, recent developments and areas for improvement – Part I” ;
- 27 January on : “THE IMPACT OF THE WAR IN UKRAINE ON THE ENERGY MARKET AND THE ENERGY REGULATION”.
LIDC Webinars 2022
The LIDC organised various webinars during 2022:
- 1 December 2022 on :“Exclusive dealing after Intel, Qualcomm and Google (Android) – a farewell to formalistic analysis?”
- 7 September 2022 on: “Digital Influencers and Online Advertising: regulatory landscape and issues” ;
- 8 March 2022 on: “What are the perspectives for the future of the Automotive Sector”;
- 19 July 2022 – on “Joint Purchasing and Buyer Cartels: a distinction without a difference?”
LIDC Webinars 2021
The LIDC organised various webinars during 2021:
- 18 March at 1pm CET – “superior bargaining power/abuse of economic dependence”;
- 29 April at 2pm CET – “data protection in distribution”;
- On Thursday 11 February 2021, the LIDC hold a webinar on “Green Pact: New approach on competition and environment”.
- On 14 January 2021, the LIDC hold a webinar on “Protection of Brand Reputation”.
LIDC Webinars 2020
- Thursday 10 December 2020 – “Antitrust enforcement in relation to online sales”.
National competition authorities from around the world discussed their recent experience of applying antitrust laws to online sales.
- 15 October – “European Commission reform of the rules on verticals”;
- 12 November 2020 – “Protection of trade secrets/know-how in distribution relationships”;
- 30 April 2020 – “State Aid and Coronavirus– the UK and EU Perspective”.
LIDC Webinars 2019
- 5 November 2019 – “Excessive Pricing Cases in the UK and Italy”;
- 29 January 2019 – “E-Commerce/Geo-blocking in UK, France and Switzerland”;
LIDC Webinars 2018
- 23 November 2018 and 8 February 2019 – “Merger Control Regulation Hot Topics”.
Webinar recordings and webinars flyers are available in the section Resources.
Webinar Series
Since October 2020, the LIDC organise a series of webinars on verticals particularly related with the reform of the Vertical Agreements Block Exemption Regulation (VBER).
The Webinars of the series held so far are the following:
- 15 October 2020 – “European Commission reform of the rules on verticals”;
- 12 November 2020 – “How to protect trade-secrets, know-how and other valuable information in distribution relationships”;
- 10 December 2020 – “Antitrust enforcement in relation to online sales”.
- 22 June 2022 – “THE REFORM OF THE RULES ON VERTICAL AGREEMENTS – WHAT’S NEW?”
LIDC Working Groups
LIDC members have always worked together in “transnational working groups” on relevant and current topics of interest.
The working groups provide a forum for informal discussions among members, and serve as an invaluable source of information and ideas based on a comparative method.
Members of the LIDC national groups and individual members of the LIDC are invited to join the following groups by simply sending an email to the LIDC Secretariat.
- Data Regulation & Digital Economy. The focus and other information about the group can be found below.
- Distribution, Franchising & eCommerce. The focus and other information about the group can be found below.
- State Aids.
- Unfair Competition. The focus and other information about the group can be found below.
- Copyright.
Jacques Lassier Price
To honour the memory of one of its former chairmen, Jacques LASSIER, Lawyer at the Bar of Paris, the LIDC has organised a competition to encourage written work on the subject of competition law. This esteemed prize aims to promote scholarly contributions in the field of competition law, fostering intellectual dialogue and innovation.
Following the successful awarding of the Jacques Lassier Prize during our Congress in Paris in 2019, we are excited to continue this tradition at our upcoming Congress in London in 2024. As we anticipate a gathering of legal professionals and scholars from around the world, we invite you to participate in this prestigious competition.
We are pleased to announce that there are new rules for the 2024 competition, which are attached to this email. These updated rules provide comprehensive guidelines for submissions, ensuring a fair and transparent evaluation process.
Please find attached the Rules for the Jacques Lassier Prize 2024 in English here : https://www.ligue.org/document/0c87d0e330910d1b1725ade96eef1be7
We encourage you to review these rules carefully and consider submitting your work for consideration.
Furthermore, we are honored to introduce the distinguished members of the jury for the 2024 competition, with Jules Stuyck serving as the President of the Jury:
- Jules Stuyck (President)
Emeritus Professor – University of KU Leuven and RU Nijmegen
Guest Professor at Paris II -Panthéon-Assas
- Florian Bien (Professor)
University Würzburg (Chair in Global Business Law, International Arbitration Law, and Civil Law)
Guest Professor at Paris II Pantheon-Assas
- Muriel Chagny (Professor)
Versailles University (Paris-Saclay)
Director of the Competition and Contract Law Master
- Pinar Akman (Professor & Judge)
Member of the Competition Appeal Tribunal
- Pranvera Këllezi (Dr. iur, LLM)
College of Europe
Attorney at law, Commissioner of the Swiss Federal Competition Commission
Lecturer in EU law
Applicants must send, by electronic means, their application from 15 May 2024 until 15 June 2024.
Don’t miss this exceptional opportunity to showcase your scholarship and contribute to the ongoing discourse in competition law. Submit your work and stand a chance to be recognized among the leading minds in the field.
Jacques Lassier Laureates since 1982
- 2019 (Paris)
Godefroy de Moncuit (France)
Faute lucrative et droit de la concurrence
- 2015
Nikolas Guggenberger (Germany)
Netzneutralität : Leitbilder und Missbrauchsaufsicht
Jan-Christoph Rudowicz (Germany)
Gun-Jumping under the EC Merger Regulation
Special Mention awarded to Benjamin Lehaire (France)
L’action privée en droit des pratiques anticoncurrentielles : pour un recours effectif des entreprises et des consommateurs en droit français et canadien
- 2013
Eckart Bueren (Germany)
Settlements in cartel cases
An examination of the European Commission’s settlement procedure with a comparative study and a law and economics analysis
- 2011
Jérôme Gtalter (France)
Le droit de la concurrence appliqué aux droits de propriété intellectuelle-Réflexions sur les nouveaux monopoles de la société de l’information.
Pablo Ibanez Colomo, (Spain)
European Communications Law and Technological Convergence. Deregulation, Re-regulation and Regulatory Convergence in Televison and Telecommunications.
- 2008
Nicolas Petit (Belgique/France)
Oligopoles, collusion tacite et droit communautaire de la concurrence.
- 2006
Laetitia Driguez (France)
Le droit social et le droit de la concurrence
David Bosco (France)
Le contrat exclusif
- 2002
Raphaël Arn (Suisse)
La publicité choquante – Vers une nouvelle dimension du droit de la concurrence déloyale
- 1998
Friedrich Ruffler (Autriche)
Der Einfluss des Europarchets auf das Österreichische UWG
- 1994
Daniel Fasquelle (France)
Droit américain et droit communautaires de ententes
- 1990
Dominique Graz (Suisse)
Propriété intellectuelle et libre circulation des marchandises
- 1986
Louis Vogel (France)
Concentration économique et système de droit de la concurrence
- 1982
Ludwig Linder (Allemagne)
Privatklage aund Schadensersatz in Kartell
LIDC ad-Hoc Groups
The General Reporter and the deputy General Reporter may, when agreed by the President, set up ex officio an ad hoc Committee entrusted with studying and taking a formal position, on behalf of the League, on particular questions or evolutions of competition law or commercial practices. They are responsible for appointing the president of such Committee.
Any member of the League, who has made sure that at least two members from other groups will participate, may request the setting up of an ad hoc Committee. To this end, the member should send a draft proposal of the subject to the General Reporter. This member will become the president of the ad hoc Committee.
As soon as an ad hoc Committee has been instituted, the presidents of the national groups shall appoint one or two members of their group, representing the interests concerned, who will participate in the Committee’s works.
Information about the setting-up of an ad hoc Committee and progress of its work shall be given as soon as possible on the website of the League, where the final report of the Committee will also be published.
Any proposal of adoption of a position on behalf of the League shall be submitted, before it is published or advertised, for the approval of the President and the General Reporter, who will check that it is representative and, in case of conflicting views, make sure that all important opinions are expressed.
The President and the General Reporter shall decide upon the communication of the results of the ad hoc Committees’ work out from the League.
The ad Hoc Committees, created so far, drafted the following documents:
- LIDC consultation on the Technology Transfer Block Exemption Regulation;
- Remarks of the LIDC concerning the Draft of European Commission Regulation on Vertical Agreements;
- Comments on the Commission’s Green Paper on damages actions for breach of EC antitrust rules.
Other LIDC events
You will find in this page information of other events organised by the LIDC.
Register to the next LIDC events
In this page it would be possible for you to register for the next LIDC events.