Regulating the Regulators

Monckton Chambers was delighted to invite you to this in person seminar, which sees the return of our popular “Regulating the Regulators” event. In the aftermath of the Microsoft/Activision merger appeal, Leading practitioners from Monckton’s public law team provided an update on the law and practice of judicial review claims against regulators – from how the CAT and the courts are applying the irrationality test to specialist public bodies with wide regulatory discretion, to an update on the role of expert evidence in judicial review.

To see full seminar please click here.

Chair: Kassie Smith KC

Speakers:

Josh Holmes KC:  Reviewing the CMA’s digital merger control: Meta and Microsoft in the CAT

  • Procedural challenges: delegation, confidentiality and fairness
  • Finding a way through: remedies and remittal.

Robert Palmer KC: Judicial Review of the regulators: by what standard will they be judged?

  • The evolution of irrationality challenges
  • Proportionality and the manifestly without reasonable foundation standard
  • Regulatory discretion and its ambit

Azeem Suterwalla: Factual and expert evidence in Judicial Review

  • Recent developments on the admission of factual and expert evidence
  • The resolution of conflicting factual evidence
  • Cross-examination and hot tubbing in judicial review

Will Perry: Fundamental rights and regulation

  • Fundamental rights as relevant considerations
  • A role for positive operational duties on regulators?
  • A1P1: is it ever worth pleading?

Holger Hestermeyer – The Times podcast “Stories of our Times” – South Africa’s genocide case against Israel

Three months into the war in Gaza, the conflict has reached a courtroom: the International Court of Justice in the Hague. South Africa says we are witnessing a genocide take place in real time. Israel has called the claims ‘preposterous’. A leading expert in international law Holger Hestermeyer walks us through the case and its possible consequences.

To listen full podcast please click here.

Webinars on the Digital Markets, Competition and Consumers Bill

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 KCJonathan Lewis; Jack Williams; and Khatija Hafesji.

The recording is available here.

UKAEL Annual Lecture

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.

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

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

Public Law Webinar mini-series

The Public Law Practice Group at Monckton Chambers is delighted to be offering its first public law webinar mini-series. Join our specialist practitioners for three 45-minute sessions covering issues of topical interest in administrative law. We encourage all those with an interest in public law to join us: solicitors, barristers, academics, students, in-house legal teams and charities. Each webinar takes the form of a panel discussion chaired by one of Monckton’s leading public law silks.

Webinar 1 – 28 April, 1pm:  An update on discrimination law – where are we now?

A good understanding of discrimination law is an essential part of many public law practitioners’ toolkits. The panel will review the most important recent cases and their implications, as well as providing practical advice.

Chair: Tim Ward QC

Azeem Suterwalla
Ciar McAndrew
Michael Armitage

The recording is available here

 

Webinar 2 – 5 May, 1pm: Procedure in the Admin Court – tips and tricks

In this webinar, four of Monckton’s regular Administrative Court users will share and discuss some of their ‘tricks of the trade’, to help attendees to increase the likelihood of bringing successful judicial reviews or, conversely, to strengthen their defence to challenges.

Chair: Tim Ward QC

Azeem Suterwalla
Imogen Proud
Will Perry

The recording is available here

 

Webinar 3 – 12 May, 1pm: Developments in public law arising out of Covid 19

This webinar considers the impact of one of the most important events  in recent UK history, the Covid-19 pandemic, upon administrative law. The panel will review the most important Covid-related case law and will discuss the lasting effect which these cases, and the pandemic itself, may have on both the substance of public law challenges and procedure in the Administrative Court and beyond.

Chair: Robert Palmer QC

Ian Rogers QC
Anneli Howard QC
Khatija Hafesji

The recording is available here

 

International Women’s Day 2021 podcast

To mark IWD2021, Valentina Sloane QC has been interviewed in a special episode of RPC’s Taxing Matters podcast featuring “five empowering women who have all strived to encourage diversity and inclusion in the workplace”. She talks about her path to her career in tax and her experience as a woman working in the field of tax.

The episode is available here.