Mar 01 2011

The New Regime for Horizontal Co-operation Agreements amongst Competitors

Organiser: Global Competition Review

Tuesday, 1st March 2011
Brussels, Belgium

The revised rules for the assessment of horizontal co-operation agreements between competitors have just been adopted by the European Commission and will come into force in the coming days.

GCR is pleased to announce a one-day conference on 1 March 2011 to offer legal and business communities the opportunity to understand these rules and look at the consequences of any changes.

Chaired by Fiona Carlin, Partner, Baker & McKenzie

Distinguished speakers include:

Donncadh Woods

Deputy Head of Unit for Antitrust and Mergers
Policy and Scrutiny, DG Competition, European Commission

Henning Leupold

DG Competition, European Commission

Jonas Koponen

Partner, Linklaters LLP

Thomas Graf

Partner, Cleary Gottlieb Steen & Hamilton LLP

Bill Batchelor

Partner, Baker & McKenzie

Andrea Lofaro

Partner, RBB Economics

Emily Roche

Senior Counsel, Rio Tinto

Fabian Theurer

German and European Antitrust Law – Desk Officer, Bundeskartellamt

Anna Emanuelson

DG Competition, European Commission

James Killick

Partner, White & Case LLP

Gil Ohana

Senior Director, Antitrust and Competition, Cisco Systems

Jean-Yves Art

Director, Competition Law, Microsoft

Aleksandra Boutin

DG Competition, European Commission

Matthew Bennett

Director of Economics, Office of Fair Trading

Frank Wijckmans

Partner, Contrast Law

Programme

Chairman: Fiona Carlin, Partner, Baker & McKenzie

08.30 Registration and coffee

09.00 Chairman’s opening remarks

09.10 Keynote address

Setting the scene

Donncadh Woods, Deputy Head of Unit for Antitrust and Mergers Policy and Scrutiny, DG Competition, European Commission

09.30 R&D Agreements and Innovation

• Overview of what has changed

• Do the new rules promote innovation?

Jonas Koponen, Partner, Linklaters LLP

Henning Leupold, DG Competition, European Commission

10.00 Joint Production and Specialisation

Thomas Graf, Partner, Cleary Gottlieb Steen & Hamilton LLP

Henning Leupold, DG Competition, European Commission

10.40 Coffee break

11.00 A Revised Approach to Standardisation Agreements

• The SSO safe harbour

• Upfront disclosure of IP

• FRAND licensing terms for essential IPRs

Anna Emanuelson

DG Competition, European Commission

James Killick

Partner, White & Case LLP

Jean-Yves Art

Director, Competition Law EMEA, Microsoft

Gil Ohana

Senior Director, Antitrust and Competition, Cisco Systems

12.15 Roundtable / Panel Discussion - do the Guidelines achieve a workable balance?

The speakers will be joined by Emily Roche, Senior Counsel - Competition, Rio Tinto

Fabian Theurer, German and European Antitrust Law – Desk Officer, Bundeskartellamt

13.00 Lunch

14.15 Other Developments of Interest

• Joint Commercialisation

• Standard terms

Bill Batchelor, Partner, Baker & McKenzie

Anna Emanuelson, DG Competition, European Commission

15.00 The Economists’ Perspective

• Potential pro-competitive effects of horizontal agreements

• The analytical framework to identify anti-competitive effects

• Assessing the effects in practice

Andrea Lofaro, Director, RBB Economics

15.30 Tea

15.50 Information Exchange and the Object/Effect Distinction

• The framework for the competitive assessment of information exchanges

• Recent case law – the legal theory

• The economic perspective

Aleksandra Boutin, DG Competition, European Commission

Matthew Bennett, Director, Office of Fair Trading

Fabian Theurer, German and European Antitrust Law – Desk Officer, Bundeskartellamt

Frank Wijckmans, Partner, Contrast Law

17.20 Summing up and close

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