Competition Law: Recent Developments and Practical Guidance for In-house Counsel

Helen Nicklin, Counsel, Virgin Media
Tobias Caspary, Partner, Fried Frank

We are living in an era of ever-increasing competition law enforcement and litigation. This session provides an update on recent developments and offers practical guidance for in-house counsel, covering both compliance and the practicalities of dealing with competition law investigations and litigation. We cover cartels, other anti-competitive agreements, abuse of a dominant position, market investigations and merger control from a UK, EU and global perspective, identifying the red flags to warn in-house counsel of increased competition law risk. Examples of areas currently receiving particular enforcement scrutiny include: information exchange between competitors, directly and indirectly through suppliers and customers; trade association activities; resale price maintenance; most favoured customer clauses; joint venture non-compete agreements; and access to key technology on “FRAND” terms. Industries particularly in the spotlight include financial services, technology, energy and healthcare.

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UK Competition General May 2013

Helen Nicklin

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Helen Nicklin is part of Virgin Media’s competition and regulatory affairs team, advising on a range of matters across the full suite of Virgin Media’s converged products and services consisting of TV, broadband, fixed and mobile telephony services. Helen has day-to-day interactions with regulators across all these areas and also works with government and policy makers to clarify and shape current and future regulation of key technology infrastructure and content distribution markets. Prior to Virgin Media, Helen spent 9 years in private practice as part of the competition team at Clifford Chance working on a number of high profile UK and EU mergers and advising on a range of behavioural and competition law compliance issues.

Tobias Caspary

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Tobias Caspary is a Senior Associate in Fried Frank's Antitrust and Competition team. He divides his time between Fried Frank's London and Frankfurt offices. He has previously practised competition law several years in Brussels at another major international law firm. Tobias also advises on EU economic sanctions and other trade regulatory matters. Tobias advises clients involved in EU and German competition and regulatory investigations and litigation as well as coordinating local counsel on multi-jurisdictional matters. His practice spans merger control, cartel and other competition law infringements, market/sector investigations and general competition law regulatory and counselling, across many industry sectors.

Fried Frank

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Fried Frank’s Antitrust Enforcement and Litigation Group has a proven track record of successfully representing corporations and individuals involved in challenging and complex competition law investigations and litigation in the United States, Europe and Asia-Pacific. We have litigated and defended enforcement actions involving the full range of claims alleging anticompetitive conduct, including abuse of a dominant position, price fixing, bid rigging, tying, group boycotts, exclusive dealing, market manipulation, resale price maintenance and price discrimination. We regularly represent corporations and individuals involved in criminal and civil investigations brought by competition regulators around the world, as well as antitrust-related multi-jurisdictional private damages litigation, mediation and arbitration. We work with our clients to anticipate antitrust problems and identify cost-effective and pragmatic solutions before they develop into litigation or lead to regulatory investigations. For example, we develop and administer comprehensive antitrust compliance programmes. From offices strategically located in the world’s principal financial centres in the US, Europe and Asia, Fried, Frank, Harris, Shriver & Jacobson LLP represents many of the markets’ most influential players. Our client base includes multinational Fortune 500 companies, leading financial institutions and investment firms, and entrepreneurial companies across all sectors. We are adept in our deployment of well-configured, cross-border teams that provide the depth of knowledge, breadth of experience and responsive service that clients require to meet their critical business objectives. We offer high-calibre advice across a range of practice areas, combining technical expertise and an unparalleled grasp of the nuanced commercial and regulatory environments in which our clients operate.

Virgin Media

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UK Competition General May 2013

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