Cartel enforcement and Antitrust damage actions in Europe by bud19087

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                                           Presented jointly by
                                           the International Bar Association
                                           and the European Commission




Cartel enforcement
and Antitrust
damage actions
in Europe
                                           7-9 March 2007
                                           7-9 March 2007
                                           Hotel Conrad Brussels
                                           Hotel Conrad Brussels
                                           BRUSSELS, Belgium
                                           BRUSSELS, Belgium




* As per the Law Society of England
  and Wales. The number of CPD             Who should attend?
  points/hours available may vary for
  other bar associations and law           Lawyers practising commercial law, judges,
  societies depending on their criteria.
                                           defence lawyers and lawyers in the civil service.
Programme
                                                                                     1400 – 1530
Wednesday                             Thursday                                        PANEL 2
7 March                               8 March
                                                                                     Direct settlements with the
1800 – 1900                            DAY I                                         Commission? Opportunities
  Registration and drinks reception    CARTEL ENFORCEMENT
                                                                                     and pitfalls
  Hotel Conrad Brussels
                                      0800 – 1800 Registration                       • Incentives for undertakings
                                        Hotel Conrad Brussels                        • Potential benefits v costs
                                                                                     • When would be the right moment?
                                        Chair                                        • Determination of the amount: how to
 About this Conference                  Michael Reynolds Allen & Overy LLP,            know whether the offer is good?
 Representing the fourth                  Brussels; Council Member, IBA Legal        • Procedural consequences
                                          Practice Division                          • Interaction with the Commission’s leniency
 in a series of conferences
                                                                                       programme
 organised by the IBA and the         0915 – 0930                                    • Experiences of other jurisdictions
 European Commission, this            Opening remarks by the Chair                   Moderator
 event will bring together key                                                       Kirti Mehta Director, Cartel Directorate,
 regulatory officials from the        0930 – 1000                                      DG Competition, Brussels
 European Commission and              Keynote speech by the Commissioner
                                                                                     Panellists
 all the EU Member States.            for Competition
                                                                                     Jochen Burrichter Hengeler Mueller,
                                      Reinforcing the fight against cartels and        Dusseldorf
 The conference will cover            developing private antitrust damage actions:   Jan Eijsbouts General Counsel and Director
 cartels and damage actions,          two tools for a more competitive Europe          of Legal Affairs, Akzo Nobel NV, Arnhem
 with a speech on an overview           Commissioner Neelie Kroes                    Bruno Lasserre Chairman, Conseil de la
 of the latest developments on                                                         Concurrence, Paris
 anti-cartel enforcement and          1000 – 1215                                    Lynda Martin Alegi Baker & McKenzie LLP,
 private damage actions from           PANEL 1                                         London
 the EU Commissioner for
                                      The Commission’s leniency                      1530 – 1545    COFFEE BREAK
 Competition, Neelie Kroes.
                                      programme – is everyone
 Any professional involved in         tuned in?                                      1545 – 1745
 EU antitrust law should attend       • Meeting the requirements of the               PANEL 3
 this event.                            Commission’s Notice
                                      • Pre-application duties of applicants:        Multijurisdictional cartel
 Early registration is advised
                                        due diligence, interviews, securing and      enforcement: a widening
 as places may be limited.
                                        exploiting electronic and hard copy          net with a tighter mesh
                                        evidence                                     • Scheduling applications for leniency in
                                      • How to protect the confidentiality of          various jurisdictions
                                        having blown the whistle                     • Multiple applications within the ECN
                                      • Post application duties: cooperation,        • Agency cooperation in practice: informal
                                        availability of employees, forensic            information exchange, the use of waivers,
                                        searches, etc                                  need for second generation cooperation
                                      • Managing the fall-out of applying for          treaties
                                        leniency: data protection rules, financial   • The interplay of public enforcement and
                                        disclosure obligations, civil discovery,       (national) criminal enforcement: does one
                                        access to the file, requests under             affect the other?
                                        Regulation 1049/2001, managing               • Should the promotion of private damages
                                        potential consequences for employees           actions influence public enforcement
                                      Moderator                                        against cartels?
                                      Gerwin Van Gerven Linklaters, Brussels         Moderator
                                      Panellists                                     Gary Spratling Gibson Dunn, San Francisco,
                                      Peter Kalbfleisch Chairman of the Board,         California
                                        Netherlands Competition Authority (NMa),     Panellists
                                        The Hague                                    Jean-François Bellis Van Bael & Bellis, Brussels
                                      Helmut Bergmann Freshfields Bruckhaus          Luis Ortiz Blanco Garrigues, Madrid
                                        Deringer, Berlin                             Serge Durande Hearing Officer, European
                                      Donald Klawiter Morgan Lewis Bockius             Commission, Brussels
                                        LLP, Washington DC                           J William Rowley QC McMillan Binch
                                      Ewoud Sakkers Head of Unit, Cartel               Mendelsohn LLP, Toronto, Ontario; Co-Chair,
                                        Directorate, DG Competition, Brussels          Global Forum for Competition and Trade
             Supported by
                                                                                       Policy, IBA Antitrust and Trade Law Section
                                      1100 – 1115    COFFEE BREAK
                                                                                     Simon Williams Director of Cartel
                                      1230 – 1400 LUNCH                                Investigations, Office of Fair Trading, London
1745 – 1800                                                                                    1400 – 1530
Summary and closing of day one                     Friday                                       PANEL 3
by the Chair                                       9 March
  Michael Reynolds                                                                             The passing-on defence
                                                    DAY II
                                                    EC ANTITRUST DAMAGE ACTIONS                Chair
1830 – 2000
                                                                                               Sir Christopher Bellamy QC Former
Cocktail reception
                                                                                                  President, Competition Appeal Tribunal,
at the Cercle Royal Gaulois                        0830 – 1800 Registration
                                                                                                  London
  Rue de La Loi 5                                    Hotel Conrad Brussels
  1000 Brussels                                                                                Panellists
                                                                                               Eddy De Smijter DG Competition, Brussels
The Cercle Royal Gaulois is a private                Chair
                                                                                               Professor Andrew Gavil Howard University
members’ club located in the Brussels                Philip Lowe Director-General of DG
                                                                                                 School of Law, Washington DC
Park, between the King’s Palace and the                Competition, Brussels
                                                                                               Nicholas Green Brick Court Chambers,
Belgian Parliament. It was founded nearly
                                                                                                 London
200 years ago and aims to bring together           0930 – 1100                                 Antoine Winckler Cleary Gottlieb Steen &
a wide array of artists and academics, as
                                                    PANEL 1                                      Hamilton LLP, Brussels
well as representatives of Belgium’s
international community.
                                                   What are the problems                       1530 – 1600        COFFEE BREAK
                                                   with EC antitrust damage
                                                   actions in Europe? Does                     1600 – 1730

                                                   the private pillar require                   PANEL 4
                                                   reinforcement?
                                                                                               Interaction between public
                                                   Moderator                                   and private enforcement
                                                   John Ratliff WilmerHale, Brussels
                                                                                               Chair
                                                   Panellists                                  Frédéric Jenny Cour de Cassation, Paris
                                                   Dr Albrecht Bach Oppenlaender
                                                     Rechtsanwalte, Stuttgart                  Panellists
                                                   Philip Collins Chairman, Office of Fair     Theofanis Christoforou Legal Service,
                                                     Trading, London                             European Commission, Brussels
                                                   Cani Fernández Cuatrecasas, Brussels;       Kris Dekeyser DG Competition, Brussels
                                                     Secretary, Antitrust Committee, IBA       Andreas Mundt Head, General Policy
                                                     Antitrust and Trade Law Section             Division, Bundeskartellamt, Bonn
                                                   Emil Paulis Director, DG Competition,       John Pheasant Hogan & Hartson LLP,
                                                     Brussels                                    London


                                                   1100 – 1130   COFFEE BREAK                  1730
                                                                                               Closing remarks by Philip Lowe
  Continuing Professional Development /            1130 – 1300
  Continuing Legal Education
                                                    PANEL 2
  For delegates from countries where
  CPD / CLE is mandatory, the International        How to incentivise
  Bar Association will be pleased to provide
  a Conference Certificate of Attendance
                                                   claimants to start an
  which, subject to the exact CPD / CLE            action, while focusing the
  requirements, may be used to obtain the          incentives on meritorious
  equivalent accreditation in your jurisdiction.
                                                   litigation
  This conference has been accredited
                                                   Moderator
  for CPD / CLE by the Law Society of
  England and Wales. Delegates should              Professor Walter Van Gerven
  ask staff at the Registration Desk for             K U Leuven and Universiteit Maastricht,
  information as to how to obtain the hours.         Leuven
                                                   Panellists                                  The organisers may at any time, with or without giving
                                                   H Laddie Montague Jr Berger &               notice, in their absolute discretion and without giving
  Exhibitors present at this conference:              Montague, Philadelphia, Pennsylvania     any reason, cancel or postpone the conference, change
                                                   Elizabeth Morony Clifford Chance LLP,       its venue or any of the other published particulars, or
                                                                                               withdraw any invitation to attend. In any case, neither
                                                      London                                   the organisers nor any of their officers, employees,
                                                   Tomasz Wardyński CBE Wardyński &            agents, members or representatives shall be liable for
                                                      Partners, Warsaw; Council Member,        any loss, liability, damage or expense suffered or
                                                      IBA Legal Practice Division              incurred by any person, nor will they return any money
                                                                                               paid to them in connection with the conference unless
                                                   Donncadh Woods DG Competition,
                                                                                               they are satisfied not only that the money in question
                                                      Brussels                                 remains under their control but also that the person
                                                                                               who paid it has been unfairly prejudiced (as to which,
                                                   1300 – 1400 LUNCH                           decision shall be in their sole and unfettered discretion
                                                                                               and, when announced, final and conclusive).
General Information
Date                                                       • Lunch on 8 and 9 March
7-9 March 2006                                             • Tea and coffee during breaks                                Travel arrangements and visas
                                                           • Invitation to receptions on 7 March at the Hotel            Participants are responsible for making their own travel
Venue                                                        Conrad and 8 March at the Cercle Royal Gaulois              arrangements. It is recommended that you check your
Hotel Conrad Brussels                                                                                                    visa requirements with your local Embassy or
                                                           Please note that registrations are not transferable.
71 Avenue Louise, 1050 Brussels, Belgium                                                                                 Consulate. We are unable to send out letters
tel: + 32 2 542 42 42 fax: + 32 2 542 42 00                                                                              supporting visa applications to embassies prior to
                                                           Guest fees include
e-mail: brusselsinfo@conradhotels.com                                                                                    receipt of your registration form and full payment
                                                           • Invitation to receptions on 7 March at the Hotel
www.brussels.conradinternational.com                                                                                     of registration fees.
                                                             Conrad and 8 March at the Cercle Royal Gaulois
                                                                                                                         Please apply for your visa in good time.
Language                                                   Guests are not entitled to attend the working
All working sessions and conference materials will be in   sessions. No member of the legal profession may
                                                                                                                         Hotel accommodation
English.                                                   be registered as a guest.
                                                                                                                         A limited number of rooms have been reserved at the
                                                                                                                         Hotel Conrad Brussels :
How to register                                            List of participants
                                                                                                                             Reservations Department
Register online at www.ibanet.org/conferences/             In order for your name to appear in the list of
                                                                                                                             Hotel Conrad Brussels
commission2007 to avail of the ten per cent discount       participants, which will be distributed at the
                                                                                                                             71 Avenue Louise, 1050 Brussels, Belgium
or please complete the attached registration form and      conference, your registration form must be received by
                                                                                                                             tel: + 32 2 542 48 00 (Reservations)
return it to Becky McRae at the IBA together with your     2 March at the latest.
                                                                                                                             fax : + 32 2 542 42 00
payment. You should receive written confirmation of                                                                          e-mail: joeri.beusen@conradhotels.com
your registration within 14 days; if you do not then       Payment of registration fees
                                                                                                                         for the nights of 7-9 March inclusive.
please contact Becky McRae at the above address.           Euro: by bank draft converted at the current rate of
                                                                                                                         The following rates are per room, per night and are
                                                           exchange and in favour of the International Bar
                                                                                                                         inclusive of all applicable taxes and buffet breakfast.
Fees                                                       Association.
                                                                                                                            Single room: €219
Registration forms and fees received:                      OR by bank transfer to the IBA Bank Account Number
                                                                                                                            Double room: €244
                         on or before      after           550/00/06570631 at the National Westminster Bank,
                                                                                                                         Please complete the attached accommodation form
                         26 January        26 January      St James’s & Piccadilly Branch, (Sort Code 56-00-03),
                                                                                                                         and send it direct to the hotel to make your reservation.
IBA member               €1,560            €1,700          208 Piccadilly, London W1A 2DG, United Kingdom
                                                                                                                         In order to obtain the IBA negotiated rate you must
Non-member*              €1,770            €1,900          SWIFT address NWBKGB2L or IBAN
                                                                                                                         quote the block code number INTE080306. The hotel
Young lawyers                                              GB58NWBK60721106570631. Please ensure that a
                                                                                                                         requires a credit card number to secure your
(under 30 years)         €1,170            €1,900          copy of the bank transfer details is attached to
                                                                                                                         reservation.
Academics / Judges                                         your registration form.
(full time)              €1,170            €1,900          Pounds sterling: by cheque or bank draft drawn on a           Cancellation and no-show policy
Corporate counsel        €1,400            €1,900          UK bank and in favour of the International Bar                Cancellations may be made up to 48 hours prior to
Guest                    €40               €40             Association. Please send to: 10th Floor, 1 Stephen            arrival without charge. The hotel regrets that ‘no-
* By paying the non-member fee, we welcome you as          Street, London W1T 1AT, United Kingdom.                       shows‘ are liable to be charged a cancellation fee of
  a Delegate Member of the IBA for the year in which       OR by bank transfer to the IBA account number:                100 per cent to your credit card. Please note that direct
  this conference is held, which entitles you to the       13270222 at the National Westminster Bank,                    billing to your company is not possible.
  following benefits:                                      St James’s & Piccadilly Branch, (Sort Code 56-00-03),         Please note that any reservation made after
  (1) Password access to certain parts of the IBA          208 Piccadilly, London W1A 2DG, United Kingdom                7 February will be subject to availability and
      website.                                             or SWIFT address NWBKGB2L or IBAN                             cannot be guaranteed at the special IBA rate.
  (2) Receipt of IBA e-news and access to online           GB05NWBK56000313270222. Please ensure that a
                                                                                                                         As a limited number of rooms have been blocked
      versions of International Bar News.                  copy of the bank transfer details is attached to
                                                                                                                         at the hotel availability cannot be guaranteed
  (4) Pay the member rate for any subsequent               your registration form.
                                                                                                                         once the room block is full.
      conference registrations for this calendar year.     US dollars: by cheque or bank draft converted at the
  (3) Take advantage of IBA Member Rewards.                                                                              Delegates are responsible for making accommodation
                                                           current rate of exchange and drawn on a US bank and
                                                                                                                         reservations directly with the hotel and enter into an
If you would like to become a Full or General Member       in favour of the International Bar Association. Please
                                                                                                                         agreement with the hotel regarding credit card
of the IBA, which includes membership of one or more       send to: 10th Floor, 1 Stephen Street, London W1T
                                                                                                                         guarantees, cancellation terms and conditions, and
committees – and inclusion in and access to our            1AT, United Kingdom.
                                                                                                                         room rates (should these differ from the special IBA
Membership Directory – we encourage you to do so           OR by bank transfer to the IBA account number:
                                                                                                                         rate).The IBA cannot accept responsibility for hotel
now in order to register for this conference at the        01286498 at the National Westminster Bank, St
                                                                                                                         accommodation disputes between a delegate and the
‘member rate’. Full details of how to join can be found    James’s & Piccadilly Branch, (Sort Code 56-00-03),
                                                                                                                         hotel.
at www.ibanet.org                                          208 Piccadilly, London W1A 2DG, United Kingdom.
                                                           Please ensure that a copy of the bank transfer
The IBA offers senior lawyers a discounted registration                                                                  Disabled access
                                                           details is attached to your registration form.
fee. Please contact the IBA office for further                                                                           The Hotel Conrad Brussels is wheelchair accessible.
information.                                               Use an exchange rate of: £1 = €1.5; €1 = $1.3.                Please notify us if you require special assistance.

Full payment must be received in order to process          Credit card payments: by Visa, MasterCard or
                                                           American Express. No other cards are accepted.                Promotional literature
your registration.
                                                                                                                         Please note that no individual or organisation may
                                                           PLEASE ENSURE THAT YOUR NAME AND THE
                                                                                                                         display or distribute publicity material or other printed
Fees include                                               WORDS ‘CON10Brussels’ APPEAR ON ANY
                                                                                                                         matter during the conference, unless by prior
• Attendance at all working sessions                       TRANSFER OR DRAFT.
                                                                                                                         arrangement with the IBA. Organisations and
• Conference materials, including any available
                                                                                                                         companies wishing to discuss promotional
  speakers’ papers submitted to the IBA before             Cancellation of registration
                                                                                                                         opportunities should contact the Sponsorship
  16 February                                              If cancellation is received in writing at the IBA office by
                                                                                                                         Department at the IBA sponsorship@int-bar.org
• Access to the above conference working materials         Friday 9 February, fees will be refunded less a 25 per
  from the IBA website (www.ibanet.org)                    cent administration charge. We regret that no refunds
  approximately seven days prior to the conference         can be made after this date.
                          Registration Form
   Cartel enforcement and Antitrust damage actions in Europe
                          7-9 March 2007, Hotel Conrad Brussels, Brussels, Belgium
   Please read the ‘General Information’ section before completing this form and return it, together with
                          your payment, to Becky McRae at the address overleaf.

Personal details (Please attach your business card or write in block capitals)

Name _______________________________________________________________________________________________________________________

Membership number (if applicable) _______________________________________          Date of birth _________________________________________

Firm / Company / Organisation __________________________________________________________________________________________________

Address _____________________________________________________________________________________________________________________

 ____________________________________________________________________________________________________________________________

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Tel ________________________________________________________             Fax ___________________________________________________________

E-mail _______________________________________________________________________________________________________________________

Badge (name and country to be shown on badge, if not as above) ___________________________________________________________________

Guest name (if applicable) ______________________________________________________________________________________________________


Special dietary requirements

 ____________________________________________________________________________________________________________________________


   To obtain a ten per cent discount on the advertised fees please register online at www.ibanet.org/conferences/commission2007

Registration form and fees received:              On or before                   After                 Amount payable
                                                  26 January                     26 January

IBA member                                        €1,560                         €1,700                €

Non member*                                       €1,770                         €1,900                €

Young lawyers (under 30 years)                    €1,170                         €1,900                €

Academics / Judges (full time)                    €1,170                         €1,900                €

Corporate counsel                                 €1,400                         €1,900                €

Guest                                             €40                            €40                   €

TOTAL AMOUNT PAYABLE                                                                                   €

           The IBA offers senior lawyers a discounted registration fee. Please contact the IBA office for further information.

                                     Full payment must be received in order to process your registration.
                                             Please note that registrations are not transferable.

                                 * Join the IBA today and register for this conference at the IBA member rate.
                                        Please find the IBA membership application on www.ibanet.org

                                                                                                                       Continued overleaf


For office use only
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                                                    Please send the completed form to:
                                                           Becky McRae
                                                  International Bar Association
                                 10th Floor, 1 Stephen Street, London W1T 1AT, United Kingdom
                       tel: +44 (0)20 7691 6868 fax: +44 (0)20 7691 6545 fax: +44 (0)20 7691 6544
                                 e-mail: becky.mcrae@int-bar.org website: www.ibanet.org
              Accommodation Form
                                        Hotel Conrad Brussels
                                           International Bar Association
      Cartel enforcement and Antitrust damage actions in Europe
                                               7-9 March 2007, Brussels, Belgium


Name _______________________________________________________________________________________________________________________

Company ____________________________________________________________________________________________________________________

Address _____________________________________________________________________________________________________________________

 ____________________________________________________________________________________________________________________________

 ____________________________________________________________________________________________________________________________

Tel __________________________________________________________________________________________________________________________

Fax _________________________________________________________________________________________________________________________

E-mail _______________________________________________________________________________________________________________________

                                                      Block code number: INTE080306


                                             Single occupancy room: €219 per room per night
                                            Double occupancy room: €244 per room per night
                                           The rate includes all applicable taxes and buffet breakfast.


               Any reservations made after 7 February will be subject to availability and cannot be guaranteed at the above rates.
             A limited number of rooms have been blocked, therefore availability cannot be guaranteed once the room block is full.
                                To secure your booking the hotel requires a credit card number as a guarantee.


                                                                Please reserve:
                                                   Single room                      Double room

Arrival date __________________________________________________           Departure date _______________________________________________


                                                      Cancellation and no-show policy
      Cancellations may be made up to 48 hours prior to arrival without charge. The hotel regrets that ‘no-shows’ are liable to be charged
              a cancellation fee of 100 per cent to your credit card. Please note that direct billing to your company is not possible.


                                                               Payment Details

Please charge my credit card:         American Express                 Visa                    MasterCard


Card number _____________________________________________________________________ Expiry date ________________________________

Name of card holder ___________________________________________________________________________________________________________



Signature ____________________________________________________________________                 Date _______________________________________


                                                             Please return to:
                                                      Hotel Conrad Brussels
                                             71 Avenue Louise, 1050 Brussels, Belgium
                                    tel: +32 2 542 48 00 (reservations) fax: +32 2 542 42 00
                                            e-mail: joeri.beusen@conradhotels.com
                   About the
         International Bar Association
                    the global voice of the legal profession

In its role as a dual membership organisation, comprising 30,000 individual lawyers
and over 195 bar associations and law societies, the International Bar Association (IBA)
influences the development of international law reform and shapes the future of the legal
     profession. Its member organisations cover all continents, and almost all nations.

Grouped into two divisions – the Legal Practice Division and the Public and Professional
Interest Division – the International Bar Association covers all practice areas and professional
interests. It provides members with access to leading experts and up-to-date information
as well as top-level professional development and network-building opportunities through
                    high-quality publications and world-class conferences.

The IBA’s Bar Issues Commission provides its Member Organisations with substantive
programmes and social activities in and between meetings and the IBA’s Human Rights
Institute works across the International Bar Association, helping to promote, protect and
enforce human rights under a just rule of law, and to preserve the independence of the
                      judiciary and the legal profession worldwide.




                        International Bar Association
                                         10th Floor
                             1 Stephen Street, London W1T 1AT
                                     United Kingdom

                                   Tel: +44 (0)20 7691 6868
                                   Fax: +44 (0)20 7691 6544
                                 E-mail: member@int-bar.org
                                        www.ibanet.org

								
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