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

See recording: Mergers: The CMA Rattling the Sabre

 

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

See recording: Cartels: From Leniency to Litigation

 

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

See recording: Privacy: Competition, Harm, and Damages

 

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

See recording: Abuse of Dominance: A ‘Whistl’-Stop Tour

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

See recording: An update on discrimination law – where are we now?

 

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

See recording: Procedure in the Admin Court – tips and tricks

 

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

See recording: Developments in public law arising out of Covid 19

 

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.

George Peretz QC – Practical Law – Subsidy control in the UK following the UK-EU Trade and Co-operation Agreement

This video provides an overview of the subsidy control provisions contained in the UK-EU Trade and Co-operation Agreement, agreed on 24 December 2020. It considers whether the provisions give the UK the ability to move away from the EU State aid regime, what the rules are now for subsidy control in the UK, and the government’s future plans.

The video also covers the current state of play on the State aid provisions in the Ireland/Northern Ireland Protocol, and how these may cause problems for public authorities and grant recipients in Great Britain.

The video is available here.

What’s All The Fuss About? Brexit and UK Competition Law. #100 in the ABA “Our Curious Amalgam” Podcast series

Anneli Howard, joins Matthew Hall and John Roberti in this podcast to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the implications for competition and state aid under the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK and the EU.

The podcast is part of the American Bar Association (ABA) of the Our Curious Amalgam series which explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

You can access the podcast What’s All The Fuss About? Brexit and UK Competition Law.

The second annual UK Competition Litigation Conference

8–10 December 2020

Please join Monckton Chambers, NERA Economic Consulting, and Augusta for a virtual conference investigating the most important developments in competition litigation in 2020.

The event will bring together distinguished panellists to discuss the year’s key case developments, lessons learned in case management, Brexit, dominance litigation, compensation and pass-on, and class certification battles at the CAT. Speakers include:

  • Mark Brealey QC, Monckton Chambers
  • The Honourable Mr Justice Roth, President, Competition Appeal Tribunal
  • Dr. Lauren Stiroh, Chair of the Global Antitrust and Competition Practice, NERA Economic Consulting
  • Christopher Vajda QC, Monckton Chambers and former UK Judge at the Court of Justice of the European Union
  • Simon Latham, Investment Manager, Augusta

We also welcome experts from several leading law firms, including Ashurst; Bristows; Bryan Cave Leighton Paisner; Clifford Chance; CMS Cameron McKenna Nabarro Olswang; Freshfields Bruckhaus Deringer; Hausfeld; Herbert Smith Freehills; Quinn Emanuel Urquhart & Sullivan; Slaughter and May; Stewarts and Travers Smith.

The conference will take place from 8 to 10 December across a series of afternoon sessions. Click here to register.

Tuesday 8th December

 

14:00 – 15:00     Conference Opening and Keynote

We will warmly invite you to our Second Annual Competition Litigation conference. Together they will look back over the extraordinary year of 2020, how the regime has evolved in the five years since the Consumer Rights Act, and how the UK is positioned as a forum.

Chair:
Mark Brealey QC, Barrister, Monckton Chambers

Speaker:
The Honourable Mr Justice Roth, President Competition Appeal Tribunal

15:30 – 17:00     Reflections on Key Case Developments of 2020

An interrupted and challenging year has not prevented the UK competition litigation regime taking some big steps. Our Panel will discuss the key cases, procedural develops, and learnings from the Supreme Court.

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

Speakers:
Edward Coulson, Partner, Bryan Cave Leighton Paisner LLP
Caroline Edwards, Partner, Travers Smith LLP
Paul Harris QC, Barrister, Monckton Chambers
Claire Jeffs, Partner, Co-Chair of the Competition Group Slaughter and May
Mark Sansom, Partner, Joint Head – Global Antitrust Litigation Group Freshfields Bruckhaus Deringer LLP
Grant Saggers, Director, NERA Economic Consulting

The recording is available here

 

Wednesday 9th December

 

14:00 – 15:30     Lessons Learned in Strategic Case Management

Effective and proportionate processes are crucial to the improved performance of cases and the litigation regime as a whole. Simon Latham will Chair our Panel on how legal counsel manage funding, disclosure, expert evidence and settlement.

Chair:
Simon Latham, Investment Manager, Augusta Ventures

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Euan Burrows, Partner, Ashurst
Kassie Smith QC, Barrister, Monckton Chambers

Discussants:
Dr. Alexandre Carbonnel, Senior Consultant, NERA Economic Consulting
Daisy Mackersie, Barrister, Monckton Chambers

The recording is available here

16:00 – 17:30     Dominance Litigation

The range of disputes involving foreclosure and FRAND continues to grow, with 2020 also seeing continued litigation in technology markets. Our Panel will focus on the developments in measuring damage, the As-Efficient Competitor Test, the issues in Standard Essential Patents, and the various forums (including the International Trade Commission).

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Dr. Jeffrey Eisenach, Managing Director, NERA Economic Consulting
Sophie Lawrance, Partner, Bristows

Discussants:
Adrien Cevera-Jackson, Associate Director, NERA Economic Consulting
Julianne Kerr Morrison, Barrister, Monckton Chambers

The recording is available here

 

Thursday 10th December

 

14:00 – 15:30      A Class, Apart—Class Certification Battles

2021 will see class representatives battle for certification. The Panel will discuss the impacts of the Supreme Court on how compensatory Damage is determined and allocated. And what learnings there are from other jurisdictions on how economic evidence is used to challenge class composition.

Chair:
Philip Moser QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Co-Head of the Competition Litigation Practice, Quinn Emanuel Urquhart & Sullivan, LLP
Kenny Henderson, Partner, CMS Cameron McKenna Nabaro Olswang LLP
Dr. Lawrence Wu, President, NERA Economic Consulting

Discussants:
Dr. Ai Deng, Associate Director, NERA Economic Consulting
Stefan Kuppen, Barrister, Monckton Chambers

The recording is available here

16:00 – 17:30     A Primer on Passing-On

In 2020, the Supreme Court clarified the legal approach to passing-on, but new battlegrounds have emerged for claimant and defendants, direct and indirect purchases, and different class representatives on the expert evidence that will be needed to prove passing-on. The Panel will discuss the legal test and what it means for the evidence and experts needed at trial.

Chair:
Jon Turner QC, Barrister, Monckton Chambers

Speakers:
Kim Dietzel, Partner, Herbert Smith Freehills
Rob Murray, Partner, Mishcon de Reya
Dr. Nicola Tosini, Associate Director, NERA Economic Consulting

Discussants:
Alan Bates, Barrister, Monckton Chambers
Dr. Philipp Heller, Senior Consultant, NERA Economic Consulting

The recording is available here

18:00 – 19:00     Conference Closing and Look Forward to 2021

Our Panel has the pleasure of talking to Christopher Vajda QC, the UK’s former judge at the Court of Justice of the European Union, about the UK’s regime and role in a post-Brexit world. Our Panel will close out the conference with reflections and learnings across the sessions in the conference.

Chair:
Dr. Lauren Stiroh, Managing Director, Chair of NERA’s Global Antitrust and Competition Practice, NERA Economic Consulting

Speakers:
Christopher Vajda QC, Former UK CJEU Judge, Barrister, Monckton Chambers
Anneli Howard, Barrister, Monckton Chambers
Elizabeth Morony, Partner, Clifford Chance LLP

The recording is available here