SRA CPD: 12 hours Bar Standards Board CPD will also be available

IBC Legal’s 20th anniversary event…

“Cutting-edge topics and excellent speakers!” (B Tellmann, Coca-Cola)

Advanced EU Competition Law 2011, Brussels Book your place by 30th September to save £200

Review of major developments in the field

Tuesday 22nd & Wednesday 23rd November 2011 • Le Plaza, Brussels, Belgium

Expertly chaired by:

Meet your line-up of speakers:

Day one: Dr Frank Montag, Partner, Freshfields Bruckhaus Deringer LLP, Brussels Day two: Prof Richard Whish, King’s College London, London

European competition authorities, national courts, regulators and international organisations:

Conference highlights include: 3 C  ase law update 2010 – 2011 3 The Commission’s current and future priorities 3 Cartel enforcement, settlement and leniency 3 Private enforcement 3 Private damages

3 3 3 3 3 3 3 3

Information exchange EU merger control Article 101 Article 102 Selected distribution State aid Key compliance issues Due process

Advanced EU Competition Law, Brussels in facts and figures: • 3,400+ individuals have already attended this essential conference – including representatives from: CocaCola, Shell, Yell, Red Bull, Unilever, Cisco Systems, Nestlé, Vattenfall, Nokia, Statoil Hydro, British American Tobacco, Apple, Novo Nordisk, Ofwat, OMV Gas, Turkcell, Post Denmark, OFT, Ofgem, Cargill, BP, ComReg, Nissan, Nike, Ofcom, Goldman Sachs, Emirates, Finish Competition Authority, Danske Bank, Cisco Systems, Altius, Airbus Industrie, Portuguese Competition Authority, Procter & Gamble, and many more… • 200+ attendees embraced their legal update at the previous forum • The event is now running successfully in its 20th year • A content-packed 2-day event • This is simply 1 unmissable annual highlight Media partners:

Networking reception host:

Strategic partner:

Scan with smartphone QR Reader App:

Carles Esteva Mosso, Director, Competition Policy and Strategy, DG Competition, European Commission, Brussels Ewoud Sakkers, Head of Unit, European Competition Network, DG Competition, European Commission, Brussels Dr Andreas Bardong, Head of Section German and European Merger Control, Bundeskartellamt, Bonn Prof Dr Joachim Bornkamm, Presiding Judge, Bundesgerichtshof, Karlsruhe Ali Nikpay, Senior Director, Cartel and Criminal Enforcement, Office of Fair Trading (OFT), London Johan Ysewyn, Professor, Brussels School of Competition, Brussels Antonio Capobianco, Senior Expert in Competition Law Enforcement, Competition Division, OECD, Paris Dr Till Schreiber, Legal Counsel, CDC Cartel Damage Claims, Brussels

In-house counsel: Paolo Palmigiano, Head of Competition Law, Group Legal, Lloyds Banking Group, London Dr Thomas Lampert, Counsel, ThyssenKrupp AG, Essen Lars Peter Munch Larsen, Attorney-at-Law, Post Danmark A/S, Copenhagen Rogier Groen, Senior Legal Counsel, Shell International B.V., The Hague

Economists: Cristina Caffarra, Vice President, Charles River Associates, London & Brussels Simon Bishop, Partner, RBB Economics, London & Brussels Robin Noble, Associate Director, Oxera, Oxford

Private practice lawyers: John Ratliff, Partner, WilmerHale LLP, Brussels Ian S. Forrester, QC, White & Case LLP, Brussels John Kallaugher, Partner, Latham & Watkins, London Ulrich Soltész, Partner, Gleiss Lutz, Brussels Peter Camesasca, Partner, Covington & Burling LLP, Brussels Simon Pritchard, Partner, Allen & Overy LLP, London Lars Kjølbye, Partner, Covington & Burling LLP, Brussels Rein Wesseling, Partner, Stibbe, Amsterdam Peter Willis, Partner, Head of EU & Competition Law, Dundas & Wilson LLP, London Andrzej Kmiecik, Partner, Van Bael & Bellis, Brussels

Bookings hotline: +44 (0)20 7017 5503 Online bookings & latest programme: www.ibclegal.com/advancedbrussels This brochure has been produced using environmentally friendly paper sourced from sustainable forests and is bleach-free

IBC Legal’s 20th anniversary event…

Advanced EU Competi Day one: Tuesday 22nd November 2011

13:25 Lunch

Cartels

08:20 Registration and coffee 09:00

Joint presentation

Chair’s introduction Dr Frank Montag Partner Freshfields Bruckhaus Deringer LLP, Brussels

Overview of key legal developments 09:15

14:25

J ohn Ratliff Partner WilmerHale LLP, Brussels

Ewoud Sakkers Head of Unit, European Competition Network DG Competition, European Commission, Brussels

Panel discussion 15:30

Panel discussion on key cartel issues



Panellists include: Johan Ysewyn Professor Brussels School of Competition, Brussels

10:40 Morning coffee

Private actions 11:10 Part I: Private actions – perspectives from national courts • Passing-on defence •C  laims by indirect purchasers • Binding effect of the Commission’s and national competition authority’s decisions

Peter Camesasca Partner Covington & Burling LLP, Brussels

 rof Dr Joachim Bornkamm P Presiding Judge Bundesgerichtshof, Karlsruhe

 Rogier Groen Senior Legal Counsel Shell International B.V., The Hague

Part II: Private actions – a defence lawyer’s perspective

 Lars Peter Munch Larsen Attorney-at-Law Post Danmark A/S, Copenhagen

• What’s going on? • Forum shopping • Confidentiality and access to the file • Protection of leniency material (Pfeiderer judgement) • Review of recent cases and its practical implications  Rein Wesseling Partner Stibbe, Amsterdam

12:10

 li Nikpay A Senior Director, Cartel and Criminal Enforcement Office of Fair Trading (OFT), London 16:10 Afternoon tea break

Article 102

Damages notice – view from the claimants’ side

• Identification of main obstacles for claimants and possible solutions • Commission Paper on the Calculation of Damages: What does it mean in practice? • Mechanism of collective redress • Funding for competition litigation

Dr Till Schreiber Legal Counsel CDC Cartel Damage Claims, Brussels

16:40

Panellists include: Prof Dr Joachim Bornkamm Presiding Judge Bundesgerichtshof, Karlsruhe

 eter Willis P Partner, Head of EU & Competition Law Dundas & Wilson LLP, London  obin Noble R Associate Director Oxera, Oxford

Bookings hotline: +44 (0)20 7017 5503

• Review of recent cases • Predatory pricing and alignment on competitors • High fines for exclusionary customer arrangements • IP licensing and standards • Enforcement trends

17:50 Dominance in high tech: Cloud wars • Adaptability of Article 102 to fast-moving high tech markets •C  loud wars: Supervising the creation of dominance or trusting Article 102 to capture potential abuse later on? • Examples from cross-over hardware/software transactions, Intel/MacAfee and MS/Skype

 Rein Wesseling Partner Stibbe, Amsterdam Dr Till Schreiber Legal Counsel CDC Cartel Damage Claims, Brussels

Developments under Article 102

 John Kallaugher Partner Latham & Watkins, London

12:45 Q&A on private actions • Discussing key practical challenges and implications of recent cases

• How best to master crucial practical challenges? • Multi-national cartel investigations • Compliance issues • Future trends and policies

Ewoud Sakkers Head of Unit, European Competition Network DG Competition, European Commission, Brussels

Joint presentation



• Key milestones in the EC’s battle against cartels • The leniency notice - practical issues in the last year • Investigative measures - latest developments • The role of the CFI and the ECJ - an overview of cases • Cartel appeals

Johan Ysewyn Professor Brussels School of Competition, Brussels

 ajor events and policy issues in EU competition law, M 2010-2011

• EU legislation and notices (including the EU Horizontal Guidelines and the damages notice proposals) • European Courts judgement (including Pfleiderer, VEBIC, Tele2 Polska, CEAHR, Telia Sonera; and various cartel appeals, such as Copper Fittings, Switchgear and Bleaching agents) • Cartels and other Article 101 cases • Article 9 settlements • Article 102 • Focus on financial sector cases • Policy issues (including best practices and collective redress)

Cartel enforcement and leniency

L ars Kjølbye Partner Covington & Burling LLP, Brussels 18:05

Chair’s closing remarks

From 18:10-19:30 N  etworking drinks reception Extend your network of contacts in the relaxed setting of the postconference drinks reception. Don’t forget your business cards! Networking reception host:

Bookings fax: +44 (0)20 7017 4746

ition Law 2011, Brussels Day two: Wednesday 23rd November 2011

15:05

 ntonio Capobianco A Senior Expert in Competition Law Enforcement, Competition Division OECD, Paris

09:00 Registration and coffee 09:30

Commentary

Chair’s introduction

Information exchange

 rof Richard Whish P King’s College London, London

Joint presentation Keynote address 09:40 The view from the European • Current priorities and policies



Commission

15:20 Information exchange – an update • Compliance with new framework •W  hat are the key practical challenges? • Common mistakes

 Carles Esteva Mosso Director, Competition Policy and Strategy DG Competition, European Commission, Brussels

Peter Camesasca Partner Covington & Burling LLP, Brussels



 aolo Palmigiano P Head of Competition Law, Group Legal Lloyds Banking Group, London

Mergers 10:30

Current trends and challenges in EU merger control • The role of EU merger control in multi-jurisdictional deals • The interplay between EU and national merger control • Trends in the application of the remedies notice • Main challenges in 2011 – 2012

16:15 Afternoon tea

Selected distribution 16:35 Selective distribution • How narrow is the scope to limit internet sales (Pierre Fabre at the ECJ and the 2010 Vertical Guidelines)? • Practical issues for brand owners in setting quality-based criteria to govern internet selling • Are pure retailers the main losers under the new rules? • Is the freedom to pick and choose who to appoint in a quantitative system at risk (Auto Actu 24/Jaguar Landrover at the ECJ )? • Access to spare parts in selective distribution: CEAHR (Swiss watch repairers) judgment at the GC and new Commission proceedings

 Simon Pritchard Partner Allen & Overy LLP, London 11:15 Morning coffee 11:45 Mergers – an economic perspective • Key issues arising from recent case law •U  nilateral effects • Recent economic developments

 Andrzej Kmiecik Partner Van Bael & Bellis, Brussels

 Cristina Caffarra Vice President Charles River Associates, London & Brussels

State aid

Panel discussion 12:25

Panel discussion on merger issues



Panellists include: Dr Andreas Bardong Head of Section German and European Merger Control Bundeskartellamt, Bonn

• What are the challenges for the European Commission? • Current priorities and approaches by the regulators • Impact of recent case law • Impact of merger control on M&A transactions

Simon Pritchard Partner Allen & Overy LLP, London

Chair’s closing remarks

“A very efficient way to keep up to date with developments across a broad range of topics.” J Davey, Addleshaw Goddard

 Thomas Lampert Dr Counsel ThyssenKrupp AG, Essen

“Superb update!”

13:15 Lunch

Alffram, Wistrand

Due process • Efficiency and speed v fairness and thoroughness • The effect of the Lisbon Treaty • Non-criminal, soft-criminal, hard-criminal? • The role of the Hearing Officer • The role of the Courts Ian S. Forrester, QC White & Case LLP, Brussels

• Key milestones in the European Courts’ case-law • Private enforcement of State aid rules • Exit from the financial crisis and the future of restructuring aid • New legislation and notices • Challenges ahead: Reform of the procedural framework

17:50 End of the conference

 Simon Bishop Partner RBB Economics, London & Brussels

Due process

State aid: Where do we stand?

Ulrich Soltész Partner Gleiss Lutz, Brussels 17:45

 Cristina Caffarra, Vice President Charles River Associates, London & Brussels

14:30

17:10

“A super one-stop shop to having a briefing on major recent developments.” V Power, A&L Goodbody

Promotional opportunities For details of the wide range of sponsorship opportunities available, including insertion of promotional literature in the delegate pack, exhibition stand or full conference sponsorship, please contact: Ayo Fagbohun on +44 (0)20 7017 4196 or email [email protected].

Book online: www.ibclegal.com/advancedbrussels

Advanced EU Competition Law 2011, Brussels Tuesday 22nd & Wednesday 23rd November 2011 – Le Plaza, Brussels, Belgium

In the past two decades this forum has truly become one of Europe’s principal gatherings for EU competition lawyers and experts to debate competition law developments and share policy insights. Once again IBC Legal is proud to assemble the leading experts who will be highlighting the most crucial legal complexities of the past 12 months that are keeping lawyers on their toes. This year we will focus on the ongoing investigations into Google undertaken by the EC, merger clearances, Phase II investigations, the Commission’s two investigations into breaches of Articles 101 and 102, dawn raids in the shipping and engines sectors and much more besides.

Join us to obtain cutting-edge insights and updates on: 3 Recent cases 3 The Commission’s current policies and future priorities 3 Cartel enforcement, settlement and leniency 3 Private enforcement 3 Private damages 3 Information exchange

3 E U merger control 3 Articles 101 & 102 developments 3 Selected distribution 3 State aid 3 Key compliance issues 3 Due process

Join this year’s Advanced EU Competition Law Forum in Brussels to stay ahead of the game. Benefit from an unparalleled wealth of experience and gain up to the minute information. In just two days you will debate and review the most significant competition law challenges, developments and policies you are dealing with in your everyday work. A wide range of topics will be analysed including recent and expected developments in cartels, mergers, private actions, horizontal agreements, Articles 101 & 102 and State aid. Throughout the event there will be ample opportunity to debate with Europe’s leading experts.

Five key reasons to attend: •Gain your annual update on the most relevant case law and legal developments •Examine the Commission’s priorities and policy developments going forward •Obtain cutting-edge insights and advice on crucial legal issues such as current investigations, dawn raids, merger clearances, and much more •Debate current contentious topics to stay ahead of the game •Share expertise and best practice with your peers from across Europe and beyond

Who should attend this two-day conference? •Competition & commercial lawyers from private practice •In-house counsel from across the industries •European regulators •European Commission officials •National competition authorities •Legal advisors •Judges •Trade associations •Consulting economists •Academia

What have previous delegates at our Advanced EU Competition Law conferences said? “The dense volume of review of jurisprudence is a real timesaving and value added tool. Good job.” M Firnaly, Comper

“The yearly Advanced EU Competition Law update is a must.”

“Extremely interesting! A very complete update of all major EU competition law issues, squeezed into a tight schedule and presented by excellent participants.” P Melo, MIGTA

S Hirsbrunner, Gleiss Lutz

“I’ll say it again – if you need to go to one update conference on competition law – go to this one!” “Great as always. Conference documentation very important.” O Alffram, Scandlaw

J Dvazerati, Beachcroft Wansbroughs

“A great conference!”

“Very useful annual update and review of developments.”

J Carmedy, Openreach BT

H O’Reilly, AnPost

Email: [email protected]

Advanced EU Competition Law 2011, Brussels Upcoming events for your diary: Competition Law Challenges in the Retail Sector Brussels, Belgium, 6 October 2011 www.ibclegal.com/retail

Dear Colleague, I am delighted to present to you IBC’s 20th annual high-level forum Advanced EU Competition Law in Brussels. The two content-packed days will once again provide you with an excellent opportunity to gain your annual update on the major legal developments in the field of EU competition law and policy. The event has proven its quality and will continue to meet your high expectations. Join us to gain your annual legal update and equip yourself with the practical tools to master today’s legal complexities and challenges in your everyday work. Once again we have assembled a list of esteemed speakers – including EU competition law gurus whose practical advice you have embraced many times over the years. This year we also welcome new talents in the field of EU competition law who are working on key cases that will affect your everyday-work and decision-making.

EU Litigation Brussels, Belgium, 7 October 2011 www.ibclegal.com/eulitigation

Multi-jurisdictional Cartel Enforcement Brussels, Belgium, 10 October 2011 www.ibclegal.com/multijurisdictional

Competition Law & Regulation in the Telecoms, Internet & Broadcasting Sectors Brussels, Belgium, 26 & 27 October 2011 www.ibclegal.com/comunications

Competition Law in the Energy Sector

The event will review all major developments in the field of EU competition law and policy over the last twelve months.

Brussels, Belgium, 29 November 2011 www.ibclegal.com/energy

Why should you attend?

Aviation Regulation and Competition Law

As always, our distinguished line-up of speakers will provide insightful reviews and commentary which is sure to spark lively debate and knowledge sharing. You will gain a crucial update on recent legal developments and case law and collect 12 CPD hours. In addition, you can benefit from the exclusive networking opportunities throughout the event – including a drinks reception. In light of today’s ongoing financial crisis we continue to face significant challenges in relation to State aid, merger control, Article 102 and cartels. This event will provide you with a superb opportunity to discuss current policies and review recent legal developments and their practical challenges in the current downturn. Furthermore we will be on the lookout for the new Commissioner’s competition law policies. I look forward to welcoming you to the Advanced EU Competition Law forum in Brussels. Jana Schmolmann IBC Legal Conferences

Over the past 19 years • Portuguese Competition Authority • Airbus Industrie • Cerrahoglu Law Firm • Kirkland & Ellis • Danish Ministry of Economic & Business • Mannheimer Swartling • Nestlé • Alcan France • ComReg • Ministry of Trade and Industry of Finland • Emirates • Fluxys • Linklaters • Turkish Competition Authority • Wragge & Co • American Express • Titan Cement • Unilever • Altius • Danske Bank • ExxonMobil Petroleum • Red Bull • Electrolux • Ofwat • Gorrissen Federspiel Kierkegaard • MAQS Law Firm

Brussels, Belgium, 6 December 2011 Email: [email protected]

Conference highlights: Hear the exclusive and comprehensive review of major legal developments over the past twelve months from John Ratliff, Partner, WilmerHale LLP, Brussels. Embrace the keynote address delivered by Carles Esteva Mosso, Director, Competition Policy and Strategy, DG Competition, European Commission, Brussels.

Drinks reception on day one! Meet and greet: Chat with peers and colleagues and don’t forget your business cards! Make the most of this opportunity to extend your network of contacts in the relaxed setting of the conference drinks reception.

 ovington & Burling LLP - celebrating C 20 successful years in Brussels Our expanding team in Brussels covers all aspects of EU competition law, with a particular focus on regulated sectors. The team has a unique blend of expertise and understanding of European competition and regulatory law and policy that allows clients to safely navigate complex sectors.

2000+ organisations have benefited from our cutting-edge event including: • Yell • Netherlands Competition Authority • Global Legal Group • OECD • Martinez Lage & Associados • Statoil Hydro • Apple Europe • Post Danmark • McDermott Will & Emery • Danish Competition Authority • Lafarge • Coca-Cola • European Broadcasting Union • Wilmer Hale • Intel • Plesner • Krogerus Attorneys • Arnold & Porter • Russian Ministry of Antimonopoly Policy • Herbert Smith • Frontier Economics • Clifford Chance • Lovells • Ofgem • Athens International Airport • Hammonds

Bookings hotline: +44 (0)20 7017 5503

• Novo Nordisk • J & A Garrigues • Cisco Systems • Uria Menendez • Van Bael & Bellis • Autoridade da Concorrencia Portugal • Vattenfall • Bech Bruun Law Firm • Procope • Kromann Reumert • Turkcell • EFTA Surveillance Authority • Scandinavian Airlines • O’Melveny & Myers • British American Tobacco • Hugel Rechtsanwalte • Norwegian Ministry of Government Administration & Reform • Wistrand Advokatbyra • BP • KLC Law Firm • Cargill • Jiji Press • Norton Rose • Telenor • Goldman Sachs

• Tetra Pak International • Cederquist • OMV Gas • Johnson & Johnson • DuPont Deutschland • Office of Fair Trading • Cleary Gottlieb Steen & Hamilton • Swedish Competition Authority • Nokia Corporation • Hannes Snellman • Covington & Burling • Steptoe & Johnson • Croatian National Bank Affairs • Italian Competition Authority • Sanoma Corp • De Beers • Procter & Gamble • Norwegian Ministry of Labour & Government Administration • Finnish Competition Authority • Netherlands Ministry of Economic Affairs • Freshfields Bruckhaus Deringer

Email: [email protected]

Advanced EU Competition Law 2011, Brussels

VIP CODE

Tuesday 22nd & Wednesday 23rd November 2011 - Le Plaza, Brussels, Belgium Please quote the above VIP code when registering

When and Where FKW82238 Tuesday 22nd & Wednesday 23rd November 2011

Venue: Le Plaza  Boulevard Adolphe Max 118-126 1000 Brussels Tel: +32 2 278 01 00 Fax: +32 2 278 01 101 Web: www.leplaza-brussels.be

This grand landmark hotel offers ultimate luxury in its early 20th century building and is located in the heart of Brussels, only a few minutes from the Grand Place. The conference will be held at the Grand Theatre of the hotel Le Plaza which was built with the hotel in 1930 and is now listed by the Royal Decree for architectural value. Delegates are responsible for the arrangement and payment of their own travel and accommodation. Informa has arranged a special room rate at a number of hotels. If you wish to book a room, please call Zibrant, call +44 (0)1332 285590; email [email protected] or visit www.zibrant.co.uk/inform. Please state that you are an Informa delegate.

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Additional Requirements Please notify Informa at least one month before the conference date if you have any additional requirements e.g. wheelchair access, large print etc. TERMS AND CONDITIONS Attendance at this Event is subject to the IBC Legal Delegate Terms and Conditions at http://www.informaglobalevents. com/division/ibc-legal/termsandconditions Your attention is drawn in particular to clauses 6, 8 and 14 of the IBC Legal Delegate Terms and Conditions which have been set out below: Cancellation Policy: If you cancel in accordance with this policy, you will receive a refund of your fees paid to IBC Legal (if any):(i) if you cancel your registration 28 days or more before the Event, subject to an administration charge equivalent to 10% of the total amount of your fees plus VAT; or (ii) if you cancel your registration less than 28 days, but more than 14 days before the Event, subject to an administration charge equivalent to 50% of the total amount of your fees plus VAT. IBC Legal regrets that the full amount of your fee remains payable in the event that your cancellation is 14 days or less before the Event or if you fail to attend the Event. All cancellations must be sent by email to [email protected] marked for the attention of Customer Services and must be received by IBC Legal. You acknowledge that the refund of your fees in accordance with this policy is your sole remedy in respect of any cancellation of your registration by you and all other liability is expressly excluded.

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