Are you confident your business is practicing within the boundaries of competition law in your jurisdictions? This course focuses on the fundamental principles and key elements of competition law in the EU and UK, and how compliance works in practice.
This intensive one-day training programme will enable you to:
- Understand the fundamental principles and key elements of competition law
- Be up-to-date with the latest changes to the law
- Understand your place in the market
- Identify the risks and mitigate against them
- Deal with complaints and consequences of non-compliance
- Maximise opportunities in the marketplace while remaining compliant
- Get to grips with the implications of Brexit.
Overview of EU and UK competition law
- Part 1 Agreements
- Part 2 Behaviour
- Articles 101 and 102 of TFEU – recent developments
- The Block Exemptions
- Jurisdictional issues including the long arm of the US
Knowing your place in the market
- Economic tests – what are the relevant markets?
- Market share thresholds
- Dominant position
- What constitutes abuse
- Identifying restrictions
- Exemptions and exclusions
- Refusal to supply
- FRAND agreements
- Requirement to notify
- Thresholds for notification
Consequences of non-compliance and remedies
- Disqualification of directors
- Criminal sanctions
Competition law in the digital world
- Controlling sales online – do’s and don’ts around pricing and geo-blocking
- Platforms, algorithms and price monitoring
- Big data and data privacy – what is the overlap with competition law?
Identifying and managing risks
- Identifying risks and how they might impact your business
- Risk assessment and mitigation
- Review and communication to the business
Preparing and implementing a competition law compliance policy
- Compliance strategies
- Key elements of a compliance policy
- Communicating and enforcing the policy
- Knowing your role in management
Why am I being investigated?
- The objectives of competition law
- How authorities select cases
- Practical tips for dealing with investigations
- The pros and cons of co-operating with authorities
Maximising opportunities within the marketplace
- The impact of Brexit and beyond
- Transitional arrangements
- Key issues to consider
Rebecca Attree, Company Commercial Solicitor at Attree & Co, her own international commercial law practice that she set up in 1995. She is also an experienced mediator and trainer based in London. Previously she worked for City law firms Richards Butler (now Reed Smith) and Laytons. Rebecca has more than 25 years’ experience in negotiating and drafting commercial contracts and resolving disputes. She has particular expertise in advising on high value cross-border agreements that raise issues of competition law, applicable law and jurisdiction. She has expertise in drafting compliance policies and has advised numerous clients operating within the EU on competition law aspects of their commercial agreements such as joint ventures, agency, distribution, licences, transfer of technology and research and development agreements. As a mediator, Rebecca has been involved in resolving a number of disputes that raise competition law issues, including one between 25 parties resulting from a CMA enquiry into a market sector.
Rebecca devises courses and provides training to business executives and solicitors in Europe on corporate and commercial law topics. Her style is interactive and engaging, using examples from her own experience, with opportunities for discussion and questions and answers.
As an Accredited Mediator, Rebecca assists parties to find successful long-term solutions to complex disputes, without the cost of going to court or arbitration.
Her main sectors of expertise are mediating commercial contracts, aviation, property, construction and family office. She is fully accredited to mediate in the UK, the US, and online, and has considerable experience of international disputes.
Sophie Lawrance, partner at Bristows, specialises in competition law. She has a particular interest in working with businesses in technology and pharmaceutical sectors, and in relation to the competition issues that arise in connection with standardised technology. Sophie regularly advises on the competition issues which arise from licensing, distribution and agency arrangements, and has significant experience of advising on the behavioural issues which affect companies with larger market shares. Her experience extends to the contentious aspects of competition law and she has been involved in substantial cases before competition regulators at EU and national level. Issues on which she has advised include both substantive competition law and procedural issues, such as legal professional privilege. She has also acted in litigation before the High Court and the Court of Appeal.
Ali Nikpay, partner and head of the competition practice group, Gibson Dunn & Crutcher, London, has been described by the Daily Telegraph as "one of the world’s pre-eminent experts in European competition law" and by Chambers 2018 as "brilliant strategically and tactically, and is a great advocate". In 2017, The Financial Times named Ali among the Top 10 Innovators in Europe at the 2017 FT European Innovative Lawyer Awards. Since joining Gibson Dunn in 2013, he has counseled clients such as UBS, Gala Coral, Schlumberger, Facebook, Marriott Hotels and Debenhams plc. Prior to that he served at both the European Commission’s DG for Competition (DG COMP) and the UK competition authority. He also worked at a Magic Circle firm for clients such as GE, NTT DoCoMo, KKR, and CVC. He is co-editor of ‘Faull & Nikpay: The EU Law of Competition’. He teaches at the University of Oxford and was a Visiting Fellow at the London School of Economics and Political Science (LSE).
The Cavendish Hotel
81 Jermyn Street