nov 07
nov 08
nov 09
14:00 - 15:00 Meetings: Scientific Committee

Ashurst, London Fruit & Wool Exchange, 1 Duval Square, London E1 6PW

14:00 - 18:30 DELEGATE REGISTRATION

Ashurst, London Fruit & Wool Exchange, 1 Duval Square, London E1 6PW

15:00 - 18:00 Meeting of the Bureau/Council

Ashurst, London Fruit & Wool Exchange, 1 Duval Square, London E1 6PW

18:00 - 19:30 Drinks Reception

Ashurst, London Fruit & Wool Exchange, 1 Duval Square, London E1 6PW

19:45 - 22:00 NEXGEN Drinks - NOW FULLY BOOKED

Clays Bar (interactive indoor clay pigeon shooting)

55 Moorgate, EC2R 6LL

09:30 - 10:00 Introductions & Opening Address

Introductions:

Christophe Rapin, LIDC President 

Euan Burrows, CLA Chair 

Opening Address: Looking forward to legal comity or divergence

Rt. Hon. Lady Rose of Colmworth

10:00 - 11:15 PANEL 1: MAIN HALL - Competition Litigation Masterclass

10 years on from the Damages Directive – how effective is private enforcement across the EU and UK? 

Kim Dietzel, Herbert Smith Freehills, Chair

Ben Tidswell, Chairman, UK Competition Appeal Tribunal 

Mieke Dudok van Heel, Senior Judge, District Court of Amsterdam 

David Parker, Berkeley Research Group 

Scott Campbell, Hausfeld & Co LLP

11:15 - 11:45 Morning Coffee
11:45 - 12:45 PANEL 2A : MAIN HALL - The AI Services Hungry for Data

Who gets to access and use data, and the copyright/ antitrust conundrum it gives rise to 

Giles Parsons,  Browne Jacobson, Chair

Cedric Manara, Google 

Pinar Akman, CAT & University of Leeds

Matthew Cope, IPO

Lindsay Lane KC, 8 New Square

11:45 - 12:45 PANEL 2B: SEMINAR ROOMS 9 & 10- UK Subsidy Control and the EC State Aid Regime

Reflections from those engaged in the EU State aid and the UK subsidy control regime

Christophe Rapin to Chair

George Peretz KC, Monckton Chambers 

Totis Kotsonis, Pinsent Masons 

Sattam Al-Mugheiry, Counsel & Editor, UK Subsidy Control 

Claire Froitzheim, Director, Competition & Markets Authority

12:45 - 13:45 Lunch Break
14:00 - 15:00 PANEL 3A: MAIN HALL - Antitrust Enforcement in the Pan-National Context

Coherent or divergent policy approaches to the topics of the day, such as sustainability, labour and purchasing cartels and other enforcement trends, including in relation to information exchange, AI and the use of algorithms 

Sharon Horwitz, CMA, Chair

Ingo Brinker, White & Case LLP

Juliette Enser, Interim Exec. Director, Competition Enforcement, CMA

Vera Pozzato, European Commission

Mariska van de Sanden, Dutch ACM 

 

14:00 - 15:00 PANEL 3B: SEMINAR ROOMS 9 & 10- Insights from the Unified Patent Court

Reflecting on 18 months of progress 

Tess Waldron, Powell Gilbert, Chair

Kai Harman, UPC Judge

Siddharth Kusumakar, Powell Gilbert 

Agathe Michel-de-Cazotte, Carpmaels & Ransford 

Mark van Gardingen, Brinkhof

 

15:00 - 15:15 Afternoon Coffee
15:15 - 16:15 PANEL 4A: MAIN HALL - FRAND and the Commission's SEP Proposals

A solution in search of a problem, or a step forward in this traditional antitrust and IP battleground?  

Collette Rawnsley, Nokia, Chair

Peter D. Camesasca, Partner, Camesasca BVBA

Cordula Schumacher, Partner, Arnold Ruess 

Keith Mallinson, WiseHarbor

Sophie Lawrance, Bristows LLP

15:15 - 16:15 PANEL 4B: SEMINAR ROOMS 9 & 10- Merger and Foreign Direct Investment Control

Common themes for obtaining transaction clearances in an increasingly protectionist world

Bruce Kilpatrick, Linklaters, Chair  

Nicole Kar, Paul, Weiss Rifkind, Wharton & Garrison

Neil Dryden, Compass Lexecon  

Richard Romney, CMA

Lucinda Richmond-Wigg, Linklaters

Francis Yang, Junhe

16:20 - 17:15 CLOSING PANEL: MAIN HALL - What is Coming Next?

Antitrust, Intellectual Property and Regulatory Themes for the next five years.   

Sir Nicholas Green KC , Chair, UK Court of Appeal

The Hon. Mr Justice Roth KC, UK High Court & Competition Appeal Tribunal

Jessica Radke, Deputy General Counsel, CMA

Grant Saggers, Nera Consulting

Professor Okeoghene Odudu, Professor of Competition Law and Fellow at Emmanuel College, Cambridge

Cintia Aguilar-Flores, Shell

Dr. Christopher Stothers, Freshfields

17:30 - 18:45 Gala Dinner: Drinks Reception

The Great Hall, The Honourable Society of Lincoln's Inn, WC2A

19:00 - 22:00 Gala Dinner

Short speech / opening to dinner to include Golding Essay Prize Presentation to Alex Mocanu, Bristows LLP

The bar is open until Midnight, guests are to depart by 12:30 am

09:30 - 12:30 Scientific Committee Roundtable
09:30 - 10:00 Welcome Speech

By Christophe Rapin, LIDC President with an introduction by video link of Ukrainian colleague/s and a short talk from the newly established LIDC New Zealand/Australian Chapter. 

10:00 - 11:15 Question A and B Reports

Queens Room & Parliament Chamber
The Honourable Society of the Middle Temple
Tudor Street Gate
Temple Avenue
London EC4Y 0AY

11:15 - 11:30 Coffee Break
11:30 - 12:30 General Assembly
13:00 - 14:30 Buffet Lunch - NOW FULLY BOOKED

The Lady Ottoline, 11a Northington Street, WC1N 2JF

Dining Room and Morrell Room (located upstairs)

14:30 - 15:30 Private Museum Tour*

Sir John Soane Museum, 13 Lincoln's Inn Fields, WC2A 3BP

*Optional + an additional charge.

We are delighted to announce the next LIDC Congress will be held in London on 7-9 November

The questions that will be discussed are set out as follows:

Question A

(UK National Reporters: Max Strasberg & Helen Bignall)

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.

Question B

(UK National Reporter: Dr Luminita Olteanu)

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 copycat 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 look-alike products.

Our speakers
Agathe Michel-de-Cazotte
Carpmaels & Ransford LLP
Ben Tidswell
Competition Appeal Tribunal
Cedric Manara
Director, Head of Copyright, Google
Christophe Rapin
President, LIDC & Ptr, Kellerhals Carrard
Cintia Aguilar-Flores
Shell
Claire Froitzheim
Director, Competition & Markets Authority
Cordula Schumacher
Partner, Arnold Ruess
David Parker
Managing Director, Berkeley Research Grp.
Dr. Christopher Stothers
Freshfields Bruckhaus Deringer
Francis Yang
Partner, JunHe LLP
George Peretz KC
Monckton Chambers
Grant Saggers
NERA Economic Consulting
Ingo Brinker
White & Case LLP
Jessica Radke
Competition Markets Authority
Judge Mieke Dudok van Heel
Amsterdam District Court
Juliette Enser
Interim Exec. Director, Competition Enforcement, CMA
Kai Harmand
UPC Judge, Nordic-Baltic Regional Division
Keith Mallinson
WiseHarbor
Lindsay Lane KC
8 New Square Chambers
Lucinda Richmond-Wigg
Linklaters LLP
Margot Kokke
UPC Judge, The Hague Local Division
Mariska Van De Sanden
Authority for Consumers and Markets
Mark van Gardingen
Brinkhof
Matthew Cope
Deputy Director, AI, Missions & Tech., UK Intellectual Property Office
Neil Dryden
Compass Lexecon
Nicholas Khan KC
Monckton Chambers
Nicole Kar
Paul, Weiss, Rifkind, Wharton & Garrison
Peter Camesasca
Partner, Camesasca BVBA
Pinar Akman
Prof. of Law, University of Leeds & CAT
Prof. Okeoghene Odudu
Prof. of Comp. Law & Fellow, Emmanuel College, Cambridge
Richard Romney
Senior Legal Director, CMA
Right Hon. Lord Justice Green
RCJ & Chairman, Law Commission
Sattam Al-Mugheiry
Counsel & Editor UK Subsidy Control Insider
Scott Campbell
Partner, Hausfeld & Co. LLP
Siddharth Kusumaker
Powell Gilbert
Simon Walker
Technical UPC Judge
Sophie Lawrance
Bristows LLP
The Hon. Mr Justice Roth
UK High Court & Competition Appeal Tribunal
The Rt. Hon. Lady Rose of Colmworth DBE
Supreme Court
Totis Kotsonis
Pinsent Masons LLP
Vera Pozzato
Antitrust Policy Officer, DG Competition, EU Commission

Further details to follow.


					

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