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Gcr's Antitrust Litigation 2010 “High powered: Excellent” Past delegate, Barclays “The quality of the speakers is excellent and a good audience” Past delegate, DLA Piper UK LLP Special discounts for in-house lawyers, GCR’S ANTITRUST enforcement agencies and early LITIGATION 2010 bookings! A review of developments in private litigation in the UK, Europe and the US 12 October 2010, The King’s Fund, London Chairman: John Pheasant, Partner, Hogan Lovells International LLP Distinguished speakers from the European Commission, the CAT, law firms, the bar, economic consultancies and industry include: Mr Justice Barling Jeroen Kortmann President, Competition Partner, Stibbe. Professor, Appeal Tribunal University of Amsterdam Nicholas Green QC Christopher Vajda QC Brick Court Chambers Monckton Chambers Chairman, The Bar Council Eddy de Smijter Mark Hoskins QC DG Competition, European Brick Court Chambers Commission Elizabeth Morony Gunnar Niels Partner, Director, Oxera Clifford Chance LLP Richard Pike Nicholas Heaton Partner, Baker & Partner, Hogan Lovells McKenzie LLP International LLP Bruno Augustin Ingo Brinker Assistant Director, Topics include: Partner, Gleiss Lutz Ernst & Young • Jurisdiction and forum shopping: Germany vs. the UK • Settlements: relevant issues when settling international claims Georg Berrisch Michael O’Kane • Access to Commission file Partner, Covington & Partner, Peters and Peters Burling LLP • Quantifying damages: towards guidance to the courts – the Mark Simpson QC Oxera Report Jon Lawrence Fountain Court • Damages: a case study Partner, Freshfields • Dealing with the individual: criminal sanctions – implications Bruckhaus Deringer LLP for civil litigation • The Competition Appeal Tribunal – is it a suitable forum for Alan Wiseman international damages claims? Partner, Howrey LLP A Law Business Research conference. Global Competition Review is a Law Business Research publication. Book online at www.GlobalCompetitionReview.com/events 6.5 CPD hours GCR’S ANTITRUST LITIGATION 2010 A review of developments in private litigation in the UK, Europe and the US ® ® A review of developments in GCRGLOBAL COMPETITION REVIEW Private Antitrust Litigation in 27 jurisdictions worldwide Contributing editor: Samantha Mobley 2011 private litigation in the UK, Published by PRIVATE ANTITRUST LITIGATION Getting The Deal Through in association with: Anderson Mo¯ri & Tomotsune Baker & McKenzie LLP Barretto Ferreira, Kujawski, Brancher e Gonçalves 2011 – Sociedade de Advogados (BKBG) Bell Gully Boekel De Nerée CHSH Cerha Hempel Spiegelfeld Hlawati Europe and the US CHSH Gilescu & Partenerii / Contributing editor: Cerha Hempel Spiegelfeld Hlawati Cleary Gottlieb Steen & Hamilton LLP Edward Nathan Sonnenbergs Inc Hausfeld & Co LLP Law Offices Panagopoulos, Vainanidis, Samantha Mobley Schina, Economou Linklaters LLP Maclay Murray & Spens LLP Mannheimer Swartling CollectMarques Mendes & Associado s Baker & McKenzie LLP Matheson Ormsby Prentice Mayer Brown LLP McMillan LLP The past year has seen an increase in private antitrust your copy,Roschier, Attorneys Ltd Salans SimmonsCooper Partners SJ Berwin LLP litigation across Europe, with claimants focusing particularly free of charge,Vasil Kisil & Partners Now in its eighth edition, Private from the GCR on London and the German courts. The conference will Antitrust Litigation is one of 42 stand examine the important forum-shopping issues that will be volumes in our series of annual relevant to claimants and defendants in the light of a number reports designed to help general counsel, of recent and forthcoming judgments, with input from a panel government agencies and private practice lawyers navigate the of expert German and UK practitioners. world’s increasingly complex competition regimes. Most private actions for damages settle. Not infrequently, GCR is the leading competition defendants face claims in a number of jurisdictions. A panel law and policy journal, renowned with considerable experience of multi-jurisdiction litigation for its analysis and insight examines the issues arising when settling international on the issues that matter to claims. competition professionals. Claimants are constantly seeking access to the European Subscribers receive the latest competition news e-mailed five Commission’s file in follow-on litigation. The Commission times a week, in-depth case and market analysis, exclusive has an interest in facilitating follow-on litigation but also interviews with leading enforcement officials, plus signature in ensuring the efficiency and efficacy of its leniency surveys such as ‘Rating Enforcement’ and the ‘GCR 100’. programme. The conference will explore the judicial developments relating to access to the Commission’s file Subscribers also receive three regional reviews, three with comment from the European Commission. agency handbooks and three publications from the Who’s Who Legal series. The conference will also present a practical case study on causation and quantification of damages in the light of the Premium subscribers can also access over 10 years of Oxera Report and experience in cases before the courts. archived GCR print and online content. The position and role of the individual in cartel proceedings For more information on a subscription, please contact and subsequent litigation, including the complexities [email protected] introduced by criminal sanctions and procedures, are becoming an increasingly important consideration. The civil liability of individuals responsible for unlawful activity FORTHCOMING GCR CONFERENCES is also a hot topic. All of these issues will be reviewed and International Merger Control debated by a panel with considerable criminal and in-house Major international conference to mark the 20th anniversary experience. of the EU Merger Regulation 28 & 29 September 2010, Le Méridien, Brussels And last but not least, the conference will debate the question whether the Competition Appeal Tribunal with its GCR’s 2010 Competition Law Review very specific jurisdiction and specific procedural rules is a In-depth analysis and debate on recent developments in suitable forum for international damages claims or whether, competition law and policy 16 & 17 November 2010, The Conrad Hotel, Brussels for many, the High Court is the forum of choice. Settlements and Patent Abuse in the Pharmaceutical Sector October 2010, Brussels Sponsorship and exhibition opportunities 2011 Antitrust Law Leaders Forum A wide range of exhibition and sponsorship 3 - 5 February 2011, Fontainebleau Hotel, Miami opportunities are available at GCR conferences. For For further details on any of these events, please contact further details please contact [email protected] [email protected] Call +44 (0)20 7908 1185 12 October 2010 GCR’S ANTITRUST LITIGATION 2010 The King’s Fund A review of developments in private litigation in the UK, Europe and the US London Programme Chairman: John Pheasant Partner, Hogan Lovells International LLP 09.00 Chairman’s Introduction 13.00 Lunch 09.15 Jurisdiction and Forum Shopping: 14.15 Quantifying damages: Towards guidance to Germany v the UK courts • Choice of jurisdiction, Cooper Tire, and the CAT’s • The Oxera report jurisdiction, Enron • Economic methods that fit within the legal rules • Permission in the CAT, Emerson, and in the High Court, • Simple versus complex models National Grid • Examples of cartel damages cases • Options pending annulment proceedings Gunnar Niels, Director, Oxera • Limitation periods • Disclosure • Assessment of damages 14.45 Damages: A case study • Passing on, including burden of proof • Scope of the infringement • Costs rules, including availability of alternative costs • Causation arrangements, funding • Quantification • Track record of cases • Proof of passing on Mark Hoskins QC, Brick Court Chambers Panellists: Elizabeth Morony, Partner, Clifford Chance LLP Richard Pike, Partner, Baker & McKenzie Nick Heaton, Partner, Hogan Lovells International LLP Bruno Augustin, Assistant Director, Ernst & Young Ingo Brinker, Partner, Gleiss Lutz Gunnar Niels, Director, Oxera Georg Berrisch, Partner, Covington & Burling LLP 15.45 Tea 11.15 Coffee 16.00 Dealing with the individual 11.35 Settlements: Relevant issues when • Criminal sanctions: implications for civil litigation settling international claims • The liability of the individual • Multi-jurisdiction litigation • Does D & O cover respond to civil liability of a director for • Contribution claims infringing activity? Jon Lawrence, Freshfields Bruckhaus Deringer LLP • The Safeways appeal Alan Wiseman, Partner, Howrey LLP Michael O’Kane, Partner, Peters & Peters Jeroen Kortmann, Partner, Stibbe Mark Simpson QC, Fountain Court Professor, University of Amsterdam 16.45 The Competition Appeal Tribunal: Is it a 12.15 Access to Commission file suitable forum for international damages • Can disclosure in national proceedings of confidential claims? versions of the Commission’s decision, leniency material Gerald Barling QC, President, CAT and other documents on the Commission’s file, material Nicholas Green QC, Brick Court Chambers from annulment proceedings, etc be resisted Chairman, The Bar Council • The Commission’s approach to access to its file by potential claimants • The decision of the Ombudsman (June 2010) 17.25 Q & A • The anticipated judgment of the General Court Christopher Vajda QC, Monckton Chambers Comment: Eddy de Smijter, DG Competition, European 17.30 Summing up and closing Commission Book online at www.GlobalCompetitionReview.com/events
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