The LIDC Congress 2024 will be held in London from 7 until 9 November 2024 :
New Legal Order
Antitrust, IP and data regulation in a deglobalized world
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.
Context to be updated
https://www.ligue.org/document/528624ec737a79aa043ef0b52f90bdec