Competition Law - 2024 Virtual Conference

Introduction

Chaired by Robert Bell, this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Digital Platform Regulation under EU Digital Markets Act & the UK Digital Markets, Competition & Consumer Act

Chair: Robert Bell, Memery Crystal LLP

Online platforms occupy a pivotal position in today’s modern economy. Both the EU and the UK have introduced groundbreaking legislation to stop large digital platforms abusing their market dominance and to make markets in the digital sector fairer and more contestable.

It is therefore important for legal advisers in private practice or in a corporate legal department to know about the new obligations to be introduced in the UK and Europe on different online players as well as the rights business users will be given in this fast-evolving sector. This session will explore the following and how they apply in practice:

• EU Digital Markets Act (‘DMA’) - powers, sanctions and roles explored
• UK Digital Markets, Competition & Consumer Act (‘DMCC Act’) - What, when and how?

Morning Break

11:10am-12:10pm: Sustainability Initiatives Under EU & UK Competition Law

Alexandra Von Westernhagen, Keystone Law

In this session we will discuss the following:

• Latest EU guidance on sustainability initiatives between competitors.
• Sustainability initiatives and their likely treatment under Article 101(1) TFEU
• Taking account of sustainability benefits under Article 101(3) TFEU
• Other issues (such as affected markets)
• Latest UK guidance on sustainability initiatives between competitors.
• The differences between the two approaches.

12:10pm-1:10pm: Recent Developments & Trends in EU Foreign Investment Screening & Under The UK National Security & Investment Act

Davina Garrod, Akin Gump Strauss Hauer & Feld LLP

This session will explore the following:

• Jurisdictional expansion
• National Security v Economic Security and other substantive considerations
• EU Cooperation Procedure
• Enforcement trends
• Mitigation, including vetoes and behavioural commitments

Break for lunch

2-3pm: Recent Developments Regarding Vertical Distribution Agreements

Siobhan Kahmann & Rhiannon Pugh, CMS

This session will cover an overview of the main changes to the previous EU and UK regimes including the following:

• Distribution systems
• Exclusive vs selective distribution: what is permitted?
• Can selective distribution still only be used for luxury products?
• E-commerce
• What do the new regimes mean for online platforms?
• Is the law on MFNs now clear?
• Dual distribution
• Can all forms of information now be exchanged without antitrust risks?
• RPM
• Can it now be justified?
• What’s next?

Afternoon break

3:15-4:15pm: UK & EU Merger Control - Recent Developments & Trends

Robert Bell, Memery Crystal LLP

This session will provide an essential update on recent developments and trends which are impacting the EU and UK regulatory landscape and provides guidance on how best to successfully navigate the increasingly complex EU and UK merger control regimes to optimize clearances times for international mergers as follows:

• Review of EU & UK Merger Control Process
• Trends in EU Commission’s & CMA’s Phase I & II investigations
• EU/UK parallel merger investigations: How to deal with divergence and the Microsoft/Activision problem.
• Scrutiny of CMA Merger Decisions
• Who is tougher on Digital Mergers: EU or UK?
• Increased scrutiny of vertical mergers
• Divestment v behavioural remedies
• What is dynamic competition and why is it important to UK merger scrutiny.
• Use of Article 22 Referrals to the EU and the Illumina/GRAIL case
• Effect of non-merger control legislation on deal timetables