UK Competition Litigation Conference 2023

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Monckton Chambers, NERA Economic Consulting, and Omni Bridgeway presents the Fifth Annual UK Competition Litigation Conference on Thursday 7th December 2023 from 08:30am at the ME London Hotel.

Please join Monckton Chambers, NERA Economic Consulting and Omni Bridgeway at the iconic ME Hotel for this flagship conference discussing developments in UK competition litigation.

This annual event brings together the “who’s who” of the competition community including leading lawyers, King’s Counsel, academics, legal financiers and economists. The agenda will cover key decisions, innovations in the strategy and process of bringing litigation, the role of experts, and the early experience from the Subsidy Control and National Security & Investment regimes.

Mr Ben Tidswell, a Chair of the UK Competition Appeal Tribunal will give the keynote address.

We warmly welcome delegates to celebrate the season of cheer with an evening champagne reception enjoying panoramic views of London from the ME Hotel’s Radio Rooftop Bar.

For more information, to see the programme for the day and to register your place, please click here.

Monckton Chambers supports the ninth annual Sir Jeremy Lever Lecture

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Left to right: Ian Rogers KC, Sir Kenneth Parker, Christopher Vajda KC, Chiara Zilioli, Sir John Vickers, Paul Lasok KC, Professor Iyiola Solanke, Piers Gardner

The ninth annual Sir Jeremy Lever lecture was held on Friday 12th May, to celebrate the career of Sir Jeremy Lever KCMG, KC, a pioneer of both the practice and academic study of competition law in Europe.

The lecture titled “25 years of the ECB: 5 Key CJEU Decisions that shaped the ECB profile and the special Eurosystem integrated construction” was given by Chiara Zilioli, Legal Counsel to the European Central Bank, and chaired by Sir John Vickers.

The event was followed by a celebratory dinner at All Souls College.

Webinars on the Digital Markets, Competition and Consumers Bill

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In a two-part webinar series, members of Monckton Chambers will discuss the competition and consumer law aspects of the new Digital Markets, Competition and Consumers Bill, as introduced in Parliament on 25 April 2023. The first webinar (Wed 3 May at 1pm) will explore competition law aspects of the Bill, and the second webinar (Wed 10 May at 1pm) will explore consumer law aspects. You can sign up to these respective webinars here and here. Further information is below.

Part 1: Competition aspects of the Digital Markets, Competition and Consumers Bill

Date: Wednesday 3 May 2023 at 1pm – 2pm

In the first rapid response webinar, the panel will address the competition law aspects of the Bill, namely Part 1 on Digital Markets and Part 2 on Competition. Part 1 of the Bill puts the Digital Markets Unit in the CMA on statutory footing and introduces a new regulatory regime for digital markets. Part 2 of the Bill introduces a number of reforms to UK competition law more generally, including in relation to: investigative and enforcement powers; the powers of the CAT; mergers; and the scope of the Chapter 1 prohibition. The panel will discuss the genesis for these new substantive and procedural provisions; their relationship with the EU’s Digital Markets Act; and how they will work in practice, once enacted.

Speakers include: Tim Ward KC; Robert Palmer KC; Alison Berridge; and Daisy Mackersie.

The recording is available here

Part 2: Consumer aspects of the Digital Markets, Competition and Consumers Bill

Date: Wednesday 10 May 2023 at 1pm – 2pm

In the second rapid response webinar, the panel will address the consumer law aspects of the Bill, namely Part 3 on enforcement of consumer law and Part 4 on consumer rights and disputes. The Bill introduces new, substantive consumer protection measures (including on subscription traps and fake reviews), as well as providing the CMA with new tools to enforce consumer law directly and new remedies e.g. the CMA and the Courts will have the power to impose penalties of up to 10% of global turnover for breaching consumer law. The panel will discuss the genesis for these new substantive and procedural provisions, and how they will work in practice, once enacted

Speakers include: George Peretz KC; Rob Williams KC;  Jonathan Lewis; Jack Williams; and Khatija Hafesji.

The recording is available here.

Jeremy McBride speaks at United for Justice conference in Ukraine

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Jeremy McBride contributed to the high-level conference “United for Justice”, organised on 3-5 March by the Office of the Prosecutor General of Ukraine in Lviv, Ukraine. The conference facilitated discussions on the accountability for the Russian Federation´s aggression against Ukraine. The event brought together key national and international actors, including the Presidents and First Ladies of Ukraine and Latvia, all high-level political and justice sector establishment of Ukraine, Ministers and Prosecutors General of several countries, the Prosecutor of the International Criminal Court, judges of international courts, high-level representatives of several international organisations as well as international and national NGOs. Jeremy McBride addressed issues relating to ensuring compliance with the European Convention on Human Rights when prosecuting international crimes committed in relation to the aggression against Ukraine by the Russian Federation.

UKAEL Annual Lecture

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UKAEL Annual Lecture was held at King’s College, London, on Thursday 19th January 6pm,  where Christopher Vajda KC was speaking on “Data Protection: Made in Europe and Exported Globally”.

To read the talk please click here.

The Fourth Annual UK Competition Litigation Conference

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Monckton Chambers, NERA Economic Consulting, and Augusta Ventures presents the Fourth Annual UK Competition Litigation Conference on Thursday 1st December 2022 from 08:30am at the ME London Hotel.

Please join Monckton Chambers, NERA Economic Consulting and Augusta for a conference celebrating recent developments in competition litigation in the UK and ringing in 2023. This is the fourth annual conference and happily again together in person at the ME Hotel.

Lord Justice Green of the Court of Appeal of England and Wales will start the conference’s discussion, followed by six panels then discussing different aspects of the regime, recent cases, and the year ahead. We will cover key recent decisions, innovations in the strategy and process of bringing litigation, the role of experts, and the new Subsidy Control rules.

As before, we bring together leading lawyers, King’s Counsel, academics, and economists to discuss competition litigation in the UK.

We then warmly welcome delegates to celebrate the season of cheer with an evening champagne reception while enjoying panoramic views of London from the Radio Rooftop Bar.

For more information, to see the programme for the day and to register your place, please click here.

Philip Moser QC on Advisory Committee as ELI adopts Model Rules for AI decision-making

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The European Law Institute (ELI) has adopted “Model Rules on Impact Assessment of Algorithmic Decision-Making Systems Used by Public Administration.”

Philip Moser QC acted on the Advisory Committee to the Project.

The advance of automation and of artificial intelligence (AI) increasingly affects public law decision making in different legal systems. Thus, the operative decision may have been made by an algorithm, or some other form of automated decision-making, rather than a human being. Some systems also make provision for the algorithm to learn and develop. The existence of such automated systems poses novel problems for both public and private law. The ELI’s Model Rules are a suggestion for the regulation and management of AI decision-making in the legal sphere.

The Model Rules are available for free download here.

A webinar on the outcomes of the ELI project will be held on 13 April 2022 from 12:00–13:30 CET. The webinar will be open to the public and is free of charge.

Competition Collective Actions: Leveraging Canadian Legal Principles in the UK’s New Regime – Paul Harris QC to moderate

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Date: Monday, March 7, 2022 | 3:30 – 8:00 p.m. GTM
Location: One Moorgate Place, Chartered Accountants’ Hall, EC2R 6EA, London

In light of the influence that Canadian jurisprudence and practice has already had on the development of collective action jurisprudence in the UK, including in the recent decision in Merricks v. Mastercard, Paul Harris QC of Monckton Chambers and the Canadian law firm McCarthy Tétrault, have assembled a panel of Canadian leaders in class actions, including competition class actions, who will engage in a lively discussion centred on the UK’s new collective action regime. Paul will co-moderate the event with Mark Sansom of Freshfields Bruckhaus Deringer. Thomas N.T. Sutton of McCarthy Tétrault, Toronto will act as host.

The event will be an in-person presentation and fireside chat followed by a reception with light food & beverages. For further details see flyer here.

For questions about this event or additional information, please contact clientevents@mccarthy.ca.

The Third Annual UK Competition Litigation Conference 2021

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Bringing together leading competition experts from around the world, Monckton Chambers, NERA Economic Consulting, and Augusta Ventures return to co-host the Third Annual UK Competition Litigation Conference. For four sessions held over three days (7–9 December), leading competition experts will not only lead dynamic roundtable sessions but will also discuss the most important cases and developments in competition litigation this year and identify what they are watching out for in 2022.

With each session designed to address key issues, the conference will once again feature distinguished legal and economic experts and senior regulators hosting the following roundtable discussions:

  • Conference Opening, Key Cases of 2021, and a Look Forward
  • Competition Litigation Involving Big Tech
  • A Class of Its Own
  • Conference Closing Address – A Conversation with The Honourable Mr Justice Marcus Smith

 

Tuesday 7th December

15:00 – 16:45   Conference Opening, Key Cases of 2021, and a Look Forward

During this interactive session, our competition specialists will share their views on the key cases that have shaped the UK competition litigation landscape in 2021, survey an array of perspectives (from claimants, defendants, funders, experts, and direct and indirect purchasers) to pinpoint key strategic developments this year, and “look forward” and predict what we can expect in competition litigation in 2022.

Welcome:
Mark Brealey QC, Barrister, Monckton Chambers

Chair:
Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Willkie Farr
Anneli Howard QC, Barrister, Monckton Chambers
Elizabeth Jordan, Senior Counsel, Slaughter and May
Simon Latham, Investment Manager, Augusta Ventures
Grant Saggers, Director, NERA Economic Consulting

The recording is available here

 

Wednesday 8th December

14:00 – 15:30   Competition Litigation Involving Big Tech

The digital giants are increasingly facing litigation issues in the UK and Europe. These issues range from appeals against enforcement decisions to new collective actions and emerging actions around data and privacy. For the second session of our Third Annual UK Competition Litigation Conference, our panel of experts take an up-close look at some of the most significant cases of 2021 involving the world’s largest digital tech companies. Our experts will also examine claimant and defendant perspectives and explore critical conceptual issues (such as valuing damages from foreclosure or in two-sided markets) in these cases.

Chair:
Meredith Pickford QC, Barrister, Monckton Chambers

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Ronit Kreisberger QC, Barrister, Monckton Chambers
Dr Nicola Tosini, Director, NERA Economic Consulting
Steven Vaz, Partner, Ashurst

The recording is available here

16:00 – 17:30    A Class of its Own

2021 has seen a wave of collective actions in the UK, with several already certified.
In the third session of our Third Annual UK Competition Litigation Conference, our leading experts will review some of the key impacts of the influx of collective actions and ask:

              • How these cases are structured, strategized, and evidenced?
              • What the collective actions of 2021 mean for the UK as a forum?
              • What the year reveals about new types of action that touch non-traditional issues such as privacy and consumer protection?

Chair:
Kassie Smith QC, Barrister, Monckton Chambers

Speakers:
Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Edward Coulson, Partner, Bryan Cave Leighton Paisner
Kenny Henderson, Partner, CMS Cameron McKenna Nabarro Olswang LLP
Ben Lasserson, Partner, Mischon De Reya
Clara Segurola, Investment Manager, Augusta Ventures

The recording is available here

 

Thursday 9th December

17:30 – 18:30   Conference Closing Address

We are delighted to host a conversation on the future of competition litigation in the UK with The Honourable Mr Justice Marcus Smith.

Chair: 
Philip Moser QC, Barrister, Monckton Chambers

Speaker: 
The Honourable Mr Justice Marcus Smith, President, Competition Appeal Tribunal

Closing Remarks:
James Mellsop, Antitrust and Competition Practice Chair, NERA Economic Consulting

The recording is available here

Second Annual Summer Webinar Series: Competition Law in the UK and EU

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Monckton Chambers is honored to partner with NERA Economic Consulting to cordially invite you to join us for the Second Annual Summer Webinar Series: Competition Law in the UK and EU.

Building on the success of our inaugural program, this year’s series will include four information-packed webinars held across four weeks, beginning on Thursday, 8 July 2021. We will bring together leading regulators and distinguished legal and economic experts to discuss, give insight, and share their expertise on some of the most significant competition challenges we face today.

Upcoming Summer Series Sessions:

Webinar 1 – 8 July, 3pm – 4pm  – Mergers: The CMA Rattling the Sabre

The Competition and Markets Authority (CMA) has strengthened its approach to merger investigations, with new merger guidance, collaboration with international enforcers, and recent Competition Appeal Tribunal successes (such as Sabre/Farelogix and Facebook/Giphy). But has it gone too far? Or perhaps not far enough?

In this roundtable session, our experts will discuss where the CMA’s approach to merger control has changed, address how the change came about, and offer insight into reasons behind the change.

Chair:
Grant Saggers, Director, NERA Economic Consulting

Speakers:
Eleni Gouliou, Director of Mergers, CMA
Alex Baker, Managing Director, Fingleton
Alison Berridge, Barrister, Monckton Chambers

The recording is available here

 

Webinar 2 – 15 July, 3pm – 4pm  – Cartels: From Leniency to Litigation

Cartel enforcement continues apace in the UK, whether regarding information exchange, Resale Price Maintenance, or collective actions.

During this interactive session, our panel of distinguished experts will take a detailed look at recent enforcement cases, appeals made to the Competition Appeal Tribunal, and damages actions.

Chair:
Tim Ward QC, Barrister, Monckton Chambers

Speakers:

Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Ben Lasserson, Partner, Mishcon De Reya
Edward Coulson, Partner, BCLP
Julianne Kerr Morrison, Monckton Chambers

The recording is available here

 

Webinar 3 – 22 July, 3pm – 4pm  – Privacy: Competition, Harm, and Damages

Privacy and GDPR issues are shaping the focus of competition authorities and regulators. They are also among the key battlegrounds in competition policy and litigation.

In this session, our experts will provide insight into the latest competition policy and litigation issues regarding privacy and GDPR, asking:

          • Where is the common ground?
          • Who occupies this common ground?
          • What do experiences elsewhere in the world mean for the UK?

Chair:
Dr Lawrence Wu, President, NERA Economic Consulting

Speakers:
Dr Luisa Affuso, Chief Economist, Ofcom
Gerry Facenna QC, Barrister, Monckton Chambers
Tom Reynolds, Head of Economic Analysis, Information Commissioner’s Office

The recording is available here

 

Webinar 4 – 29 July, 3pm – 4pm  – Abuse of Dominance: A ‘Whistl’-Stop Tour

The CMA has launched new investigations into digital markets, while at the Competition Appeal Tribunal some of the largest damage claims relate to abuse of dominance issues.

In this session, our leading experts will provide insight into recent cases and appeals that relate to abuses of dominance (e.g, Royal Mail vs Ofcom), the future of the AEC test, and how abuses may be mitigated through new regulation.

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Jenny Haydock, Economics Director, CMA
Daniel Beard QC, Barrister, Monckton Chambers
Adrien Cervera-Jackson, Associate Director, NERA Economic Consulting

The recording is available here