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Understanding and Managing Competition Law Compliance
Learn how to navigate competition law and ensure compliance while maximising opportunities for your business
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
Programme
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
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
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?
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
- 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
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
The impact of Brexit and beyond
- Key issues to consider
Final questions
Presenters
Rebecca Attree
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.
Sarah Parker
Sarah Parker is an associate in Gibson Dunn’s antitrust and competition law practice group, based in the firm’s London office. Sarah has experience in advising on a range of competition issues. Her practice covers all aspects of EU and UK competition law, including advising on merger control at the UK and European levels, Articles 101 and 102 TFEU and their domestic equivalents and compliance matters. She has provided advice to clients across a range of industry sectors including healthcare, pharmaceuticals, online gaming and gambling, consumer goods, retail, private equity, manufacturing, chemicals, media, live entertainment and financial services. Sarah is particularly experienced in merger control matters, including assessing the risks and feasibility of mergers, advising on complex EU and UK merger control cases and coordinating multiple global filings. Prior to joining Gibson Dunn, Sarah practised as an associate in the Berlin and London offices of Freshfields Bruckhaus Deringer LLP.
Continuing professional development
This course qualifies for the following CPD programmes:
- CPD certificate of attendance: 6.50 hours
Book now
| 29 Sep 2020 | |||
| 29 Sep 2020 | Cavendish Hotel, London | GBP 699.00 EUR 979.00 USD 1,090.00 + VAT @ 20.00% |
Enrol now |
| 16 Mar 2021 | |||
| 16 Mar 2021 | Venue not yet confirmed | + VAT @ 20.00% |
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| 30 Sep 2021 | |||
| 30 Sep 2021 | Venue not yet confirmed | + VAT @ 20.00% |
Enrol now |