24th Annual Competition Conference - 8 September
1300 – 1305
Opening words by Thomas Janssens, Freshfields Bruckhaus Deringer, Brussels; Co-Chair, IBA Antitrust Committee
1305 – 1330
Keynote speech: Key questions in EU competition law
Olivier Guersent, Director General for Competition, European Commission, Brussels
1330 – 1430
Panel: Abuse of dominance in the age of platforms and data – where next?
The new European Commission agenda has diversified the debate over the adequacy of existing substantive and procedural antitrust tools in the digital world. We are now entering a period of experimentation with new and re-purposed tools. This panel will discuss whether we are heading in the right direction, ensuring that businesses with market power are curbed only to the extent that they cause consumer harm and not chill the market. They will examine how politicians and enforcers can protect competition in data-focused markets while preserving innovation and investment incentives, and protecting consumers’ personal information.
Topics will include:
- How well is Commissioner Vestager’s expanded brief - covering competition enforcement and also the regulation of the digital economy – working to deal with data issues?
- What is the role of regulation going to be, and will it strike the correct balance between ex post and ex ante intervention?
- Is the Commission’s proposed ‘new competition tool’ a sensible addition to its armoury or a step too far?
- What are the implications of the blurring of boundaries between competition, consumer protection and data privacy?
- What theories of harm can help in analysing specific features of data-centred cases?
- When is the accumulation and use of data ‘unfair’, and is data an essential facility?
- What are the right remedies in data cases and how can they be effectively monitored?
ViaVan, London; Social Media and Website Officer, IBA Antitrust Section
Allens, Sydney, New South Wales; Working Group Officer, IBA Antitrust Section
Director General for Competition, European Commission, Brussels
Partner, McDermott Will & Emery, Brussels
Sidley Austin, Brussels; Newsletter Editor, IBA Antitrust Section
Director & Associate General Counsel - Competition & Regulatory at Facebook, London
1500 – 1600
Workshop - Antitrust Litigation Working Group
Cartel investigations and follow-on litigation – Protections afforded to information obtained during the investigation: confidentiality, privilege and disclosure. With disclosure/discovery applications by plaintiffs in follow-on damages claims on the rise, are legislators, regulators and courts striking the right balance between effective public and private enforcement? Are regulators’ investigation files under attack from over-zealous plaintiffs or are their contents necessary to address the information asymmetry between plaintiffs and defendants? This interactive Workshop will examine the thorny issues around the protection afforded to information obtained during the cartel investigation and its subsequent use in follow-on damages claims.
Clayton Utz, Sydney; Co-Chair, Antitrust Litigation Working Group, IBA Antitrust Section
Hausfeld & Co, London; Co-Chair, Antitrust Litigation Working Group, IBA Antitrust Section
Ikeda & Someya, Tokyo; Asia Pacific Region Liaison Officer, IBA Antitrust Section
Allen & Overy, Budapest
Winston & Strawn, Washington DC
Grinberg Cordovil Advogados, São Paulo
Certificate of Attendance
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