nov 07
nov 08
nov 09
11:30 - 12:30 General Assembly
13:00 - 14:00 Meetings of the Scientific Committee
13:00 - 18:00 DELEGATE REGISTRATION
15:00 - 17:00 Meeting of the Bureau
17:00 - 18:00 Meeting of the Council
18:00 - 19:30 Drinks Reception (inc. canapes)
19:30 - 23:00 Young Members/NexGen - Drinks/Evening Event

Venue TBC

09:15 - 10:00 Introductions & Opening Address

Introductions:

Christophe Rapin, LIDC President & Kellerhals Carrard

Euan Burrows, CLA Chair & Ashurst

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, Chair & Herbert Smith Freehills 

Ben Tidswell, Chairman, UK Competition Appeal Tribunal 

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

Muriel Chagny, Law Professor and President of the Association francaise d'etude de la concurrence 

David Parker, Berkeley Research Group 

11:15 - 11:45 Morning Coffee
11:45 - 12:45 PANEL 2 : 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, Chair & Browne Jacobson

Cedric Manara, Google 

Pinar Akman, CAT & University of Leeds

Matthew Cope, IPO

Lindsay Lane KC, 8 New Square

11:45 - 12:45 PANEL 3: SEMINAR ROOMS - 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, Chair & President of the LIDC

George Peretz KC, Monckton Chambers 

Totis Kotsonis, Pinsent Masons 

Tessa Robins, Deputy Director Subsidy Control Unit,  Department for Business and Trade 

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

12:45 - 13:45 Lunch Break
14:00 - 15:00 PANEL 4: 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 Horowitz, Chair & CMA

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

Mariska van de Sanden, Dutch ACM 

 

14:00 - 15:00 PANEL 5: SEMINAR ROOMS - Insights from the Unified Patent Court

Reflecting on 18 months of progress 

Tess Waldron, Chair & Powell Gilbert

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 6: 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, Chair & Nokia 

Cordula Schumacher, Partner, Arnold Ruess 

Jamie Lewis, Head of Standard Essential Patents, IP and Competition Policy, IPO  

Peter D. Camesasca Ph.D., Partner, Camesasca BVBA 

 

15:15 - 16:15 PANEL 7: SEMINAR ROOMS - Merger and Foreign Direct Investment Control

Common themes for obtaining transaction clearances in an increasingly protectionist world

Bruce Kilpatrick, Chair & Linklaters 

Nicole Kar, Paul, Weiss Rifkind, Wharton & Garrison

Neil Dryden, Compass Lexecon  

Lucinda Richmond-Wigg, Linklaters

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

Predictions from the Bench, Regulators and Practitioners for antitrust and regulatory themes for the next five years.  

Sir Nicholas Green KC , Chair & UK Court of Appeal

The Hon. Mr Justice Roth KC, The Royal Courts of Justice

Professor Oke Odudu, Emmanuel College, Cambridge

Jessica Radke, Deputy General Counsel, CMA

Grant Saggers, Nera Consulting

Cintia Aguilar-Flores, Legal Counsel, Shell

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

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

13:00 - 14:30 Buffet Lunch - NOW FULLY BOOKED

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

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: Anna Morfey & 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
Cordula Schmacher
Partner, Arnold Ruess
David Parker
Managing Director, Berkeley Research Grp.
Francis Yang
Partner, JunHe LLP
George Peretz KC
Monckton Chambers
Grant Saggers
NERA Economic Consulting
Inko Brinker
White & Case LLP
Jamie Lewis
UK IPO
Jessica Radke
Competition Markets Authority
Judge Mieke Dudok van Heel
Amsterdam District Court
Juliette Enser
Interim Exec. Director, Competition Enforcement, CMA
Lindsay Lane KC
8 New Square Chambers
Lucinda Richmond-Wigg
Linklaters LLP
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
Nicole Kar
Paul, Weiss, Rifkind, Wharton & Garrison
Pinar Akman
Prof. of Law, University of Leeds & CAT
Professor Muriel Chagny
University Versailles (Paris-Saclay)
Sattam Al-Mugheiry
Counsel & Editor UK Subsidy Control Insider
Siddharth Kusumaker
Powell Gilbert
Tessa Robins
Deputy Director, Subsidy Control, Consumer & Competition Policy
The Hon. Mr Justice Roth
The Royal Courts of Justice
The Rt. Hon. Lady Rose of Colmworth DBE
Supreme Court
Totis Kotsonis
Pinsent Masons LLP

Further details to follow.


					

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