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Advanced EU Competition Law, Brussels
Main Conference: 21 & 22 November 2023,
Digital Economy Focus Day: 20 November 2023
Le Plaza HotelBrussels, Belgium
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Main Conference Day Two - CET (Central European Time, GMT+1)

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Main Conference Day Two - CET (Central European Time, GMT+1)

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08:30 - 09:00
Registration & Refreshments
09:00 - 09:10
Chair’s Welcome
  • Alexandra Rogers - Partner, Norton Rose Fulbright
09:10 - 09:50
A View from the Court
Showing 1 of 1 Streams
09:50 - 10:35
Merger Control: Policy & Case Law Developments
  • Extension of application of EU merger control regime:
    • Article 22 referrals including update on Illumina/Grail
    • ECJ TowerCast Decision
  • Simplification of merger control procedures: do the measures achieve the aims?
  • Review of recent significant cases including CK Telecoms decision
  • Non-horizontal mergers
  • Novel theories of harm in mergers: what should be the standard of proof?
  • Failing firm defence
  • Is big always bad?
  • Remedies and commitments
  • Gun jumping developments
10:35 - 11:00
Morning Coffee Break
11:00 - 11:50
Managing Multi-jurisdictional Mergers in the Age of Uncertainty
  • Review of Microsoft/ Activision Blizzard: EU, UK and US approaches
  • UK and EU divergence
  • Expansion of the EC’s/NCAs’ merger control toolkit with respect to non-reportable transactions
  • Article 22 referrals: Illumina/ Grail will it be the new normal or is it the exception?
  • Different approaches to remedies and efficiencies by EU, UK and USA
  • FDI considerations
  • Practical tips for managing multi-jurisdictional mergers
  • The role of strategic communications in deals
  • Axel Schulz - Partner, White & Case LLP
  • Niamh McCarthy - Group Lead Competition Law, IAG
  • Kamya Rajagopal - Legal Counsel Antitrust, Nestlé
  • Ricardo Zimbron - Director, Mergers, Competition & Markets Authority (CMA)
11:50 - 12:20
Market Definition & Economics of Merger Control
  • Market definition: draft notice, policy context
  • Double sided markets & fair share
  • Industrial strategy, killer acquisitions, digital markets
  • The role of economic analysis in merger control
  • Market concentration
  • Theories of harm
  • Burden and standard of proof
  • Quantitative techniques
  • Tuomas Haanperä - Partner, Copenhagen Economics
Showing 1 of 1 Streams
12:20 - 13:00
Foreign Subsidies Regulation: What are the Expectations & How to Comply with them
13:00 - 14:00
Extended Lunch Break
Focus Stream Sessions
Showing 2 of 2 Streams
14:00 - 14:40
Review of Procedural Developments
  • Regulation 1/2003
  • Key takeaways from Qualcomm vs European Commission
  • The importance of correct note taking and implications for whistle-blowers
  • Evidence and standards of proof after Intermarché Casino Achats v Commission (Case C-693/20 P): what should the authorities do?







14:40 - 15:20
The New Competition Tool: Developments in Germany & Prospects of Further Reform in Europe
  • Review of Germany’s New Competition Tool; what are the new powers and likely practical application
  • Will other countries in Europe also look to introduce it?
  • Why did the Commission not introduce it?
14:00 - 14:40
R&D Block Exemption
  • R & D block exemption in the new horizontal guidelines
  • Proposals for the revision of tech transfer block exemption
14:40 - 15:20
Information Exchange
  • Key takeaways from recent cases including Banco BPM case
  • Managing trade associations and industry meetings
  • Online platforms and information exchange
  • Information exchange in vertical relationships
  • Information exchange in pre-merger situations and in the merger bidding phase
  • Designing effective firewalls
  • Lessons learn from recent cases



  • Tobias Kruis - Director, Ethics & Compliance, Europe; Global Competition Counsel, TD SYNNEX
  • Simina-Alexandra Suciu - Regulatory Compliance Officer, Trans Adriatic Pipeline AG
  • Miriam Van Heyningen - Head of Legal Compliance, Tata Steel
  • Robert Schulz - Head of Legal- Sales and Marketing, BSH Hausgeräte GmbH
15:20 - 15:45
Afternoon Coffee Break
Showing 1 of 1 Streams
15:45 - 16:35
Cartels: Lessons Learnt from Recent Investigations & the Rise of Novel Cartels
  • Review of significant decisions at EU and national level
  • The demise of leniency?
  • The relationship between private enforcement and leniency applications
  • Novel cartels: sustainability, labour markets etc
  • Cartel screening tools: use of algorithms and machine learning and implications for cartel detection
  • Strategic considerations for in-house counsel
  • Axel Gutermuth - Partner, Arnold & Porter
  • Dirk Middelschulte - VP Global General Counsel Competition, Unilever
Showing 1 of 1 Streams
16:35 - 17:15
The European Commission’s Investigative Toolkit
  • Dawn raids on private homes
  • Preparing a company for a dawn raid
  • Practical tips for dealing with dawn raids
  • Handling requests for information
  • ECN+ and minimum standard of investigative tools
  • What lessons can be learnt from recent cases
  • Alexander Israel - Partner, Cooley
17:15 - 17:20
Chair’s Closing Remarks & Close of Conference
Main Conference Day One
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