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Slides – GCLC Lunch Talk on Quantification of Damages

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I attach the slides presented by A. Lofaro at today’s lunch talk. A great event, which triggered a very interesting discussion.

Some  things that arose from the debate with the audience + some ruminations:

  • The non binding guidance on which the Commission works will include something on exclusionary abuses
  • The Commission is not incline to provide guidance on quantification in its decisions
  • The Commission does not intend to make a specific, pro-active use of the instruments under Regulation 1 (article 15) to provide guidance on compensation
  • Peter Roth suggested that as part of settlement discussions, the parties to a cartel could also commit to a certain amount as compensation
  • On passing-on, I would advise consulting the non-competition EU case law
  • In terms of counterfactual price, why not use the price that follows Commission enforcement as the competitive benchmark?

Slides Lofaro – GCLC Lunch Talk – Estimating damages 22 September

Written by Nicolas Petit

23 September 2010 at 3:48 pm

Posted in GCLC

Slides of the 48th GCLC Lunch Talk – Settlements

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I post hereafter the slides presented by K. Dekeyser (DG COMP) at the 48th GCLC Lunch Talk last week.

Slides Dekeyser – Putting the Settlement Procedure into Practice – 7-7-2010

Written by Nicolas Petit

13 July 2010 at 9:18 pm

Competition Law Event of the Year

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See programme below and link hereafter.

GCLC – Sixth Annual Conference – 7 & 8 October 2010 – Programme and Registration Form.

DAY ONE

9:00       Welcome Words

Paul Demaret, Rector of the College of Europe

9:10      Presentation of the Conference

Bernard van de Walle de Ghelcke, President of the GCLC, College of Europe and Linklaters

9:20  Keynote Speech – The European Union Courts Experience and Role In Dealing With Competition Law Cases

Sir David Edward, KCMG, QC, former judge at the Court of First Instance and at the Court of Justice, em. prof. University of Edinburgh

I.  Morning Session – General Issues

Chair: Jacques Bourgeois, Former-President of the GCLC, College of Europe, WilmerHale

09:40 Judicial Review, the Rule of Law, Regulatory Accountability and the courts’ ability to promote policy changes

Damien Géradin, University of Tilburg (UvT) and Howrey, and Nicolas Petit, University of Liège (ULg)

10:05 Discussant: Takis Tridimas, College of Europe

10:15 Coffee Break

10:35 Judicial Review in EU Economic Regulation Cases

Jacques Derenne, University of Liège (ULg) and Hogan Lovells

11:00 Discussant: Ben Smulders, Legal Service of the European Commission

11:10  Reflections on the EU Courts’ Involvement in Competition Proceedings: Status Quaestionis and Main Trends

Marc van der Woude, Erasmus University Rotterdam (EUR) [TBC]

11 :35 Discussant: Eric Barbier de la Serre, Latham & Watkins

11:45 Q&A Session

12:30 Lunch

II.     Afternoon Session – The EU Courts’ Scrutiny over the Commission in Competition Law Cases

Chair: Carles Esteva Mosso, Director, DG Competition

13:30 Annulment Proceedings in Antitrust Cases (Article 101 and 102 TFUE) – Standard of Judicial Review over Substantive Issues

David Bailey, Senior Référendaire at the U.K. Competition Appeal Tribunal (CAT) and King’s College London (KCL)

13:55  Discussants: Theofanis Christoforou, Legal Service of the European Commission and Mario Siragusa, College of Europe and Cleary Gottlieb

14:15 The General Court’s Full-Jurisdiction over Fines in Competition Cases

Bo Vesterdorf, Herbert Smith and Plesner, Former President of the Court of First Instance

14:40  Discussants: Wouter Wils, Legal Service of the European Commission and KCL, and Ian Forrester, White & Case

15:00  Annulment Proceedings in Merger Cases

Philippe Chappatte, Slaughter and May

15:25      Discussants: Marleen Van Kerckhove, Arnold & Porter and Marc Pittie, Bredin Prat

15:45 Coffee Break

16:05 Annulment Proceedings in State Aid Cases

Massimo Merola, College of Europe and Bonelli Erede Pappalardo

16:30 Discussants: Vittorio Di Bucci, Legal Service of the European Commission and Leigh Hancher, University of Tilburg and Allen & Overy

16:50 Locus Standi before EU Courts, with Special Focus on State Aid

Josef Azizi, Judge at the General Court

17:15  Discussants: Leo Flynn, Legal Service of the European Commission and Thomas Jestaedt, Jones Day

17:35 Q&A Session

18:00 End of Day One

DAY TWO

Institutional and Procedural Challenges Faced by the EU Courts in Competition Law Cases

Chair: Sir Christopher Bellamy, Linklaters, former Judge at the Court of First Instance and at the CAT

9:00 The Role of the Court of Justice in Ensuring Compliance with Fundamental Rights in Competition Cases since the Lisbon Treaty

Nils Wahl, Judge at the General Court

9:25 Discussants: Dean Spielmann, Judge at the European Court of Human Rights and Denis Waelbroeck, Free University of Brussels (ULB) and Ashurst

9:45 Expert Economic Evidence in Competition Law Cases

Hans van Houtte, Katholieke Universiteit Leuven (KUL)

10:10 Discussants: Simon Bishop, RBB Economics and Luis Ortiz Blanco, Garrigues, University of Madrid and College of Europe

10:30 Q&A Session

11:00  Coffee Break

11:20  The Pros and Cons of Specialized Competition Courts, Chambers and Judges

Roundtable Discussion moderated by Sir Francis Jacobs, KCMG QC, Fountain Court, former Advocate General at the Court of Justice

Discussants: Charles Dhanowa, OBE Registrar of the CAT, Jacqueline Riffault Silk, Court of Appeal of Paris, and Ingeborg Simonsson, Stockholm City Court

12:30 Close of Conference

Written by Nicolas Petit

5 July 2010 at 11:12 am

Posted in Events, GCLC

Slides on Review of the Rules Applicable to Horizontal Cooperation Agreements

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I attach below the slides presented  at the GCLC lunch talk yesterday, and paste hereafter info on forthcoming GCLC events:
  • 48th lunch talk – 7 July – First Settlement Decision in the DRAMs Case, with K. Dekeyser, P. Mansfield and R. Snellders
  • 49th lunch talk – 23 September – Quantification of Damages with Judge P. Roth and A. Lofaro

A. Gutermuth – Horizontals [Lunch Talk GCLC – 7 June 2010]

D. Woods – Horizontals [Lunch Talk GCLC – 7 June 2010]

Written by Nicolas Petit

8 June 2010 at 1:06 pm

Wonder What’s Next

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Then read the two presentations of D. Schnichels and J. Killick at today’s GCLC lunch talk. Great event. Surprisingly very few questions.

GCLC – Dominik Schnichels – 20 05 10

GCLC – James Killick – 20 05 10

Written by Nicolas Petit

20 May 2010 at 4:05 pm

Upcoming GCLC Events

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With Bernard Van de Walle de Ghelcke as our new President and Tarik Hennen as our new executive secretary, things are really pro-active at the GCLC. We have two events in the pipe:

On 20 May, Dominik Schnichels (DG COMP) and James Killick (White & Case LLP) will talk on forthcoming developments following the Pharma sector inquiry.   Registration form can be downloaded here.

On 7 June, Donncadh Woods (DG COMP) and Axel Gutermuth (Arnold & Porter) will talk on the Commission’s Review of Horizontal Cooperation Agreements. Registration form can be downloaded here.

Location as usual: Hilton Hotel, Brussels

Written by Nicolas Petit

7 May 2010 at 12:45 pm

Slides of the 44th GCLC Lunch Talk on the Lisbon Treaty

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I post hereafter the slides presented at last week’s GCLC lunch talk on the Lisbon Treaty and the Future of Competition Policy. They include presentations by Prof Alan Riley (CULondon) and Eric Morgan de Rivery (JonesDay). A most  interesting event (and my first time presiding a GCLC lunch talk).

Now, a little advertising: contrary to the dominant viewpoint that the fundamentals of competition policy remain stable after Lisbon, I have developped arguments to the effect that the elimination of Article 3(1)g) had the potential to fragilize EU competition policy as a whole. See the paper below (in French) and my recent Antitrust Chronicle paper with Norman Neyrinck, my assistant.

Traité de Lisbonne_Revue Fac de droit

Alan’s position is virtually similar, with  further arguments taken from public international law principles (the Vienna convention) and the recent financial and economic crisis. Please also note that  Alan’s position has been further explored in Chris Townley’s brilliant book on public policy principles under Article 101(3) TFEU.

GCLC – Slides Alan Riley – The Competition Protocol

GCLC – Slides Eric Morgan de Rivery – The Future of Competition Policy – Institutions and Procedure

Written by Nicolas Petit

3 May 2010 at 10:24 am

Posted in GCLC

Slides of Today’s Lunch Talk and other Important GCLC News

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I am a great fan of Luis Ortiz Blanco. I attach his slides below, see in particular the inspiring Part II entitled “Let’s talk real business“.

Now, a few announcements: Bernard Van de Walle de Ghelcke (Linklaters) is the new President of the GCLC, he replaces Jacques Bourgeois. Tarik Hennen (Stibbe) will serve as the new Executive Secretary. He replaces the author of this blog.

As to me, I have the great honour of becoming the new director of the GCLC 🙂 in replacement of Damien Geradin. I am thrilled. Please note that in this new capacity, I am happy to consider any project/idea/cooperation plan you may wish to submit.

Luis Ortiz Blanco-GCLC Lunch Talk Series-18 March 2010

Written by Nicolas Petit

19 March 2010 at 12:39 am

Posted in GCLC

Slides of the GCLC Lunch Talk on Airlines Mergers

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I attach below the slides presented by Daniel Boeshertz (DG COMP) on the recent enforcement trends in the Commission’s review of airlines mergers.

GCLC – Boeshertz – Recent Trends in the Commission’s Review of Airlines Mergers (26 11 09)

Written by Nicolas Petit

27 November 2009 at 8:32 am

Posted in GCLC

42nd Lunch Talk of the GCLC – 26 November 2009

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The 42nd Lunch Talk on Recent trends in the Commission’s Review of Airline Mergers will take place on 26 November 2009.  The speakers: Daniel Boeshertz from DG COMP and Sven Voelcker from WilmerHale. Please see here for registration form.

Written by Nicolas Petit

11 November 2009 at 5:18 am

Posted in Events, GCLC