Tuesday 6th November 2018,
Law Society, London


Registration - Tea, Coffee & Discussion


Welcome & Introduction



Dr. Tobias Caspary is an antitrust and competition partner based in Fried Frank’s London and Frankfurt offices. Dr. Caspary’s practice focuses on EU, UK and German competition law, working on some of the most complex cross-border mergers worldwide in connection with numerous competition investigations, including Phase II cases before the EC and the CMA, and cartel investigations. He has a strong focus on private equity, advising clients such as Goldman Sachs, AEA Investors and New Mountain Capital, and also represents clients across a range of additional industries, including media, telecoms, technology and financial services. Dr. Caspary is individually recognised by Chambers Global, Chambers Europe, Chambers UK, Legal 500 UK and Legal 500 US as a leading individual in competition law (noted as being “very strategic,” “business savvy” and “highly experienced, impressive and pragmatic”). Legal 500 has also recognised him as a “credible player on the European stage, who is very well placed to deal with cases raising UK, German and EU competition issues.”

About Fried Frank
Fried, Frank, Harris, Shriver & Jacobson LLP advises the world's leading corporations, investment funds and financial institutions on their most critical legal needs and business opportunities. The Firm's approximately 500 lawyers are based in North America and Europe.

International Competition Landscape in 2019

Eddy De Smijter is Head of the International Relations Unit in DG Competition at the European Commission. He joined the European Commission in 2001 as a member of the team that negotiated Regulation 1/2003 on the implementation of the EU competition rules. After the adoption of the Regulation, Eddy De Smijter stayed within the unit responsible for the European Competition Network until his move, in 2005, to the team that is responsible for the Commission's policy on private enforcement of the EU antitrust rules. In that capacity, he was leading the team that on behalf of the Commission negotiated with the European Parliament and the Council, the Directive on antitrust damages actions.

About European Commission
The Commission, together with the national competition authorities, directly enforces EU competition rules, Articles 101-109 of the Treaty on the Functioning of the EU (TFEU). Within the Commission, the Directorate-General (DG) for Competition is primarily responsible for these direct enforcement powers. DG Competition can act against several types of anti-competitive activity if it affects cross-border trade. This includes enforcement powers against anti-competitive agreements and abuse of dominance, merger and state aid control and the monitoring of liberalised markets.

Andrea Coscelli is the Chief Executive of the Competition & Markets Authority (CMA) following his appointment in July 2016. Since joining the CMA in November 2013 he has been an executive board member heading the Directorate responsible for UK merger control, the markets regime and the CMA’s work in regulated sectors. He joined the CMA from Ofcom (UK Communications Regulator) where he was a Director of Economic Analysis in the Competition Group. He previously worked at Charles Rivers Associates (CRA) in London where he was a Vice President (Partner) in the Competition Practice. He co-founded the Association of Competition Economics (ACE) in 2003. He holds a PhD in Economics from Stanford University.

About Competition & Markets Authority
The CMA is the UK’s primary competition and consumer authority and carries out investigations into mergers and markets, and enforces competition and consumer law. Its mission is to make “markets work well in the interests of consumers, businesses and the economy”. The CMA assumed its powers on 1 April 2014 and is the successor of the Office of Fair Trading (OFT) and the Competition Commission (CC).

Konrad Ost, Dr. jur. (Heidelberg), LL.M. (Cambridge), is since September 2015 Vice President of the Bundeskartellamt. From 2010 to 2015 he was Head of its General Policy Division, from 2008 to 2010 Head of its Litigation Service and represented the Bundeskartellamt before the German Federal Court of Justice. He has written numerous articles on antitrust procedure, private antitrust enforcement and other competition law topics. He is also an Honorary Professor at the University of Bonn and co-editor of the German antitrust journal “Neue Zeitschrift für Kartellrecht – NZKart”.

About Bundeskartellamt
The Bundeskartellamt is the federal competition authority in Germany whose assignment is to protect competition. The main task of the Bundeskartellamt is to apply and enforce the Act against Restraints of Competition. This task includes implementing the ban on cartels, conducting merger control, controlling abusive practices of dominant or powerful companies and reviewing procedures for the award of public contracts by the Federation (since 1999). In addition, since 2005 the Bundeskartellamt can conduct so-called sector inquiries in order to examine more closely the competition situation in individual sectors, irrespective of concrete individual proceedings. The Bundeskartellamt bases its decisions solely on competitive criteria. It is independent in its decision-making, i.e. in its handling of cases and its decisions it is not bound by external instructions.

Tea, Coffee & Discussion



Abuse of Dominance

Robert O'Donoghue practises as a barrister with Brick Court Chambers. He has extensive experience of competition law, EU law, utility regulation, and related aspects of commercial and public law. Clients include companies such as British Airways, Google, Glencore, Telefónica, ASDA, Samsung, and Marks and Spencer, as well as competition authorities and sectoral regulators in the UK and elsewhere. He has appeared in major cases in the High Court, Competition Appeal Tribunal, Court of Appeal, the EU Courts, the Irish courts, international arbitral bodies, and in oral hearings before competition authorities and sectoral regulators in these matters. Robert has consistently appeared as a leading barrister in legal directories such as Chambers and Partners and Legal 500. Further awards and accolades include: Listed in the “40 Under 40” of global competition lawyers by Global Competition Review– one of only three practising UK barristers listed (2012) Profiled as one of five junior barristers in the Global Competition Review UK Barrister Survey (2013) The youngest nominee and only practising barrister to feature in the Who's Who of Competition Lawyers & Economists (2011) Outstanding EU Competition Lawyer Fellowship Award, Global Competition Law Centre, College of Europe (2003)

About Brick Court Chambers
Barrister Chambers

NASDAQ: Case Study

Andreas holds a LLM from the Stockholm University. Prior to joining Nasdaq in 2009, Andreas spent four years working at Mannheimer Swartling, a leading Nordic law firm, doing Banking and Finance and EU and Competition law in the Stockholm and Brussels offices. Prior to joining Mannheimer Swartling in 2005 Andreas worked at the Brussels office of Hogan Lovells. He has also been working at the European Commission's DG Competition as well as a junior judge at a Stockholm district court. At Nasdaq he is managing the legal advise to the information services and listing services business units in Europe as well as all matters relating to litigation and competition law.

About Nasdaq
Nasdaq is the world’s largest exchange company with trading, technology and public company service capability spanning 6 continents. Nasdaq offers capital raising solutions to companies around the globe and is number one in worldwide listings with more than 3,600 listed companies representing $4.5 trillion in total market value. Nasdaq offers trading across multiple asset classes including equities, derivatives, debt, commodities, structured products and ETFs. Its technology supports the operations of over 70 exchanges in 50 countries. Through its Data and Financial Products units, Nasdaq provides its companies and investors with unrivaled market insight and visibility across multiple trading pools.

Class Actions in the UK – An Economist’s Perspective on Damages

Iona is a competition economist with 16 years of experience advising clients on competition and regulatory matters. Iona has an established reputation for delivering rigorous economic analysis for clients, in particular with respect to anti-competitive agreements, abuse of dominance infringements, and associated private damages claims. She has acted for the UK, EC, Dutch and French competition authorities, as well as lawyers and businesses. Iona has worked across a range of sectors including transport, financial services, healthcare and pharmaceuticals. She holds an MSc Economics from the London School of Economics and a BSc (First) in economics and French from the University of Birmingham. Iona also spent a year studying economics at the Sorbonne in Paris.

About AlixPartners UK LLP
AlixPartners’ investigations, disputes, and risk professionals have a 36-year record of responding to urgent client situations all over the world. We help counsel make sense of complex issues by evaluating business, economic, accounting, financial, and damage issues and by serving as expert witnesses and consultants to law firms and corporations. Our teams includes forensic accountants, economists, industry experts, computer forensic technology experts, and former enforcement accountants. Our areas of expertise include antitrust, post-acquisition disputes, lost profits and business interruption, breach of contract, securities, bankruptcy, valuation and cross-border disputes. We have testified as expert witnesses in countless high-stakes cases and have a long record of success in international courts and arbitration forums. We have been involved in over 250 investigations, in areas such as antitrust, AML, sanctions, and anticorruption, and have acted as monitors on behalf of regulators in various high profile cases. A global, integrated team in Europe, North America, and Asia differentiates us from other consulting firms. We support companies and their counsel by providing expert evidence, testimony, and advice to address the most important issues when it really matters. For more information, please visit: www.alixpartners.com.



Regulation and Enforcement

Nathaniel L. Asker is a partner in the Antitrust Department, resident in Fried Frank's New York office, who focuses on antitrust aspects of mergers, acquisitions, and joint ventures and represents clients before the US Department of Justice and Federal Trade Commission. He has advised clients in a range of industries, including technology and software, consumer products, aerospace and defense, pharmaceuticals, manufacturing, energy, and financial services, among others. Mr. Asker is consistently recognised by Chambers USA: America's Leading Lawyers for Business in Antitrust, where he has been described as "absolutely outstanding,” “very strong analytically,” and “a top-notch antitrust lawyer” who is “extraordinarily responsive and, more importantly, very thoughtful in his responses.” According to Chambers, sources also reported that Mr. Asker is "knowledgeable about the subject matter, has contacts at the regulators and is excellent at client communication.” Mr. Asker was also selected as a “Future Leader” by Who's Who Legal: Competition and is recognized by Legal 500 as a “Next Generation Lawyer” in Antitrust: Merger Control.

About Fried Frank
Fried, Frank, Harris, Shriver & Jacobson LLP advises the world's leading corporations, investment funds and financial institutions on their most critical legal needs and business opportunities. The Firm's approximately 500 lawyers are based in North America and Europe.

About Department of Justice
The United States federal department responsible for enforcing federal laws (including the enforcement of all civil rights legislation); created in 1870.

Tea, Coffee & Discussion



Management & Technology

Paolo is a partner at Taylor Wessing. Paolo is also the chairman of the European In-house Competition Lawyers’ Association, vice-chair of BIAC (the voice of business at the OECD in Paris) and a non-governmental advisor to the CMA in the UK.

About Association of In-house Competition Lawyers (ICLA)
The Association of in-house competition lawyers is an informal gathering of expert in-house competition lawyers. There are more than 300 members in 23 countries. Its main purpose, through its meetings in Brussels and in London, is to act as •A channel of communication to share information and update members on issues of common interest, including: events, general legal developments at the EU and national level, specific members’ experience and subjects of common interest (both by members and external speakers); •An opportunity to engage with competition authorities on matters of common interest. Officials from competition authorities are usually invited to attend ICLA meetings; •In some instances to submit responses to consultations of interest to in-house lawyers.

Julia Holtz is Executive Director, Competition at Visa, based in London. Whilst at Google, her previous company, she led a team of lawyers in London and Brussels who counsel on all competition law aspects of Google’s activities in EMEA. Major projects involved the acquisition of DoubleClick, Google’s involvement in the European Commission’ browser case against Microsoft, the merger approval of Motorola, and Google’s antitrust cases before the European Commission. Before joining Google, Julia practiced competition law in Brussels at Clifford Chance, predominantly merger control and abuse of dominance cases. She is a non-governmental advisor to the ICN for the United Kingdom, and holds classes at the College of Europe in Bruges. She is a member of the steering committee of the European Forum on Competition Litigation. Global Competition Review named her corporate counsel of the year 1012. Julia holds a law degree from Passau University, Germany, and a degree in law and cultural studies from the University of Aix-Marseile, France.

About Visa

Daniel is a senior lawyer in Sky UK’s Competition & Regulatory team, advising on all aspects of competition law and economic regulation applied to broadcasting and communications, as well as other forms of regulation relevant to those sectors. Having trained and worked as an associate at Richards Butler (now Reed Smith) Daniel joined a ‘straight-forward’ pay TV business in 2003, and has ridden the roller-coaster helping Sky become Europe’s leading entertainment and communications business and had a lot of fun along the way.

About Sky UK Limited
Sky UK is the operating entity for Europe’s leading entertainment company in the UK and Republic of Ireland. The group serves 23 million customers across seven countries: Italy, Germany, Austria, Switzerland, the UK, Ireland and Spain. It offers the best and broadest range of content, deliver market-leading customer service and use innovative new technology to give customers a better TV experience, whenever and wherever they choose. Sky was recently acquired by US cable and media company Comcast, which also owns NBC Universal.

Annick is Chief Legal Counsel, Antitrust in the Legal Department of Refinitiv (previously the Financial & Risk business of Thomson Reuters), advising globally on a wide variety of competition law matters, including M&A and compliance issues. She joined Reuters as their sole competition lawyer in 1994 and set to work creating and implementing a global competition law compliance programme. In that post she also led the competition aspects of Reuters acquisition by Thomson (2008) (both cleared with Commitments). She was the Thomson Reuters legal lead in a European Commission Art 102 investigation (closed following an Art 9 Commitment Decision in December 2012). Annick also successfully lead TR’s intervention in a competitor’s appeal against this Decision before the General EU Court in Luxemburg. More recently, she worked on the multiple merger filings around the world for US equity firm Blackstone's acquisition of 55% of the Financial & Risk business of Thomson Reuters (Refinitiv since close on 1st Oct). Annick won the 2017 European and Global Counsel Awards in the Competition-Individual category (organized by Lexology, ILO and ACC). Prior to joining Reuters, Annick worked as a senior associate in the UK and EU Competition Group of Clifford Chance in London. Annick graduated in 1986, holds at law degree from King's College London and a ‘Maitrise de Droit’ from the Université de Paris I – La Sorbonne (double first Honours), and qualified as a solicitor in 1989. Member of the In-house Competition Lawyers Association (ICLA) and of the Competition Law section of the English Law Society. Speaker in March 2008 at the Clifford Chance London conference on ‘International Merger Matrix’, and at the 2013 Competition Summit in Brussels on EU Commitments. Participated in a panel at last year's IICJ conference on in-house competition law compliance.

About Refinitiv
Refinitiv, formerly the Financial & Risk business of Thomson Reuters, is one of the world’s largest providers of financial markets data and infrastructure. Serving more than 40,000 institutions in over 190 countries, we provide information, insights, and technology that drive innovation and performance in global markets. Our 160-year Reuters heritage of integrity enables customers to make critical decisions with confidence, while our unique open platform, best-in-class data, and cutting-edge technology bring greater opportunity to our customers. By advancing our customers, we drive progress for the entire financial community.

Keith is the former Commercial General Manager of British Airways World Cargo and worked for the company for 8 years. The cargo division was raided by the EU Competition Authorities and investigated by the US Department of Justice for anti-competitive conduct in relation to surcharges Although he never lived or worked in the US, Keith completed an 8 month sentence in a US Federal Prison Camp Keith’s presentation provides an eye-opening and engaging account of the events and adds real life impact to Compliance Training. His stories of the dawn raid, DOJ tactics, plea agreement and life inside makes employees at all levels sit up and listen Keith also advises companies on delivering effective Competition Law Training and Compliance Programmes For more than 8 years Keith has helped bring Compliance Training to life for more than 100 companies via presentations, seminars and training recordings. His clients to date include Coca-Cola, Shell, Vodafone, Nike, Mercedes Benz, Volvo, UPS, DHL, Barclays, Kingfisher, Robert Bosch, Sony, Mondelez, KraftHeinz, AkzoNobel, Pfizer, Hertz, ABInBev, Smiths Group, ABB and Zurich

About Top Bunk Thinking Ltd
I’ve never seen my commercial colleagues so gripped for so long and they still regularly refer to this training session even months after the seminar Keith's session with board members had the most impact of any legal training I have ever organised” Highly effective. One of the best tools in the competition training toolkit. We would recommend him Keith’s presentation is moving, practical and relevant to any company in any country where competition laws exist If you need to get management’s attention on Competition Law then Keith’s presentation is just the ticket!

Artificial Intelligence

Lee is the General Counsel at Aviva plc for their international markets in Europe and Asia. He has over 25 years of legal experience in industry, having worked in the UK motor industry, chemical industry and for the last 13 years at Aviva. He is also the Aviva Group Competition Law General Counsel. He also serves on the Editorial Board of the ICCJ. Aviva is the UK’s largest insurer and a top 10 global insurer that operates in general, life and asset management markets worldwide.

About Aviva Plc
Aviva PLC is a leading UK based insurer with an international presence in Canada, Asia and Europe as well as a leading presence in the UK market in both life and general insurance as well as pensions, asset management and protection products.

Andrew is a Senior Legal Adviser in the Global Competition Law Team at HSBC. He advises on competition issues across HSBC, with a particular focus on its retail banking businesses. Andrew previously worked at BT and Ofgem, the UK’s gas and electricity regulator.

About HSBC
HSBC is one of the world’s largest banking and financial services organisations. We serve around 38 million customers through four global businesses: • Commercial Banking • Retail Banking and Wealth Management • Global Banking and Markets • Global Private Banking Our network covers 66 countries and territories in Europe, Asia, the Middle East and North Africa, North America and Latin America. With around 3,800 offices worldwide, we aim to be where the growth is, connecting customers to opportunities, enabling businesses to thrive and economies to prosper, and ultimately helping people to fulfil their hopes and realise their ambitions. HSBC is listed on the London, Hong Kong, New York, Paris and Bermuda stock exchanges.

Robin Finer is the FCA’s Acting Chief Economist and Director of Competition, having joined the organisation in January 2014. Prior to working at the FCA, Robin was a Director of Economic Analysis at the Competition Commission, where he worked on mergers, market investigations and regulatory inquiries across a wide range of sectors. He has also worked as a Project Director and economist at the Office of Fair Trading and in the Directorate General for Competition of the European Commission. Robin is also member of the Wholesale Banking, Capital Markets and Primary Markets & Secondary Trading Sector Expert Working Groups (SEWG)

About Financial Conduct Authority
The Financial Conduct Authority (FCA) regulates the conduct of over 56,000 businesses. We aim to make sure that financial markets work well so that consumers get a fair deal. We want consumers to have access to financial services products that meet their needs, from firms they can trust. To support this, we deliver our work through three objectives: • To secure an appropriate degree of protection for consumers • To protect and enhance the integrity of the UK financial system • To promote effective competition in the interests of consumers. We are accountable to the Treasury – which is responsible for the UK’s financial system – and Parliament. However, we’re an independent body and we do not receive any funding from the Government. We are funded entirely by the firms that we regulate. The FCA is proud to be ranked on Glassdoor as a top 10 UK company for work/life balance. With us, you will find opportunities to make a difference on a national scale, and develop skills and insights that you wouldn’t find anywhere else. Visit https://www.fca.org/careers to discover our latest opportunities. The FCA is one of the UK’s two financial regulators, together with the Prudential Regulation Authority (PRA).



Drinks Reception