Understanding and Managing Competition Law Compliance Training Course

Course overview

Are you confident your business is practising 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. It will give delegates up-to-date information about anticipated changes and the steps companies need to take to be ready for them.

The repercussions of breaching competition law are severe and can include:

• Fines against your company
• Claims for damages
• Disqualification of directors and possible imprisonment of individuals

You need to be aware of how competition law applies to your business and how you can reduce the risk of infringement. By learning how to put a comprehensive compliance policy in place and understanding how to enforce it, you can avoid violations and their consequences. This intensive course will help you identify and manage these risks and ensure you’re equipped to deal with complaints and the consequences of non-compliance.

The programme covers competition law not only in the real world but also the digital world. It explores jurisdictional issues, including the long-arm US jurisdiction, and will give you practical tips on dealing with investigations and complaints. The course will take a very interactive approach, with plenty of opportunities for discussion and questions and answers.

By attending this event you will:

• Understand the latest changes to the law and the implications for your business
• Learn how to demonstrate your organisation’s commitment to competition law
• Identify and minimise the risks of competition law
• Recognise the implications and consequences of breach
• Focus on good practice and how to successfully implement a compliance policy
• Grasp how to maximise your opportunities within the marketplace
• Discuss and appreciate the implications of Brexit and what the latest changes to the law could mean for your business

Who should attend?

This course will be particularly beneficial to:

• In-house lawyers
• Patent and trade mark attorneys
• Legal counsel
• IP specialists/managers
• General managers
• Commercial managers

Module 1: Overview of EU and UK competition law

• Key EU and UK legislation
• 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
• Territorial scope of EU competition law
• Virtual Agreements Regulation
• Resale price restrictions
• Customer protection clauses
• Non-compliance obligations

Module 2: Knowing your place in the market

• Economic tests – what are the relevant markets?
• Market share thresholds
• Dominant position
• What constitutes dominant position abuse?
• Identifying restrictions
• Exemptions and exclusions
• Refusal to supply
• FRAND agreements
• Requirement to notify
• Thresholds for notification

Consequences of non-compliance and remedies

• Damages recoverable by injured parties
• Fines – recent trends
• Disqualification of directors
• Criminal sanctions
• Seeking redress for competition law breach
• Enforcement powers

Module 3: 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
• Investigations and dawn raids by:
  • the European Commission
  • the CMA
• Key elements of a compliance policy
• The CMA’s four-step approach to compliance
• Reacting to a competition allegation, complaint or investigation
• Preparation for a dawn raid
• Disclosure and privilege
• Communicating and enforcing the policy
• Knowing your role in management

Maximising opportunities within the marketplace

• The impact of Brexit and beyond
• Key issues to consider

Module 4: Competition law in the digital world

• Changing regulatory environments and investigative approaches
• Controlling sales online – some dos and don’ts
• Platforms, algorithms, price monitoring and big data
• Big data and data privacy – what is the overlap with competition law?

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 cooperating with authorities
• Appeals