Vertical Restraints in EC Competition Law: New Dynamics

Posted by D. Daniel Sokol

University College London (UCL) is pleased to invite you to a 2 day-Conference

Vertical Restraints in EC Competition Law: New Dynamics

Tuesday 13 & Wednesday 14 October 2009
9:00 - 19:30 (day one), 9:00 - 13.30 (day two)
in the UCL Central Campus, Gower Street, London WC1

EC competition law on vertical restraints has marked the beginning of the process of transformation of EC competition law in the late 1990s, in particular because of the adoption of a more compatible to neoclassical economic theory approach. Almost ten years since the adoption of Regulation 2790/99 and the vertical restraints guidelines, the European Commission has initiated a revision process and published some proposals at this respect. The aim of this conference would be (a) to understand the process of the reform of EC competition law on verticals, (b) to provide some useful comparative insights, by looking to the most recent developments in US antitrust law on verticals as well as the most recent competition law practice in some Member States’ and selected jurisdictions and (c) to critically assess the proposals of the European Commission, by confronting them to recent economic theory and to legal practice.

The conference is of particular importance to the UCL community as it will honour Valentine Korah, professor emeritus of competition law at UCL and visiting professor to a number of leading academic institutions around the world. Professor Korah is an authority in EC competition law on vertical restraints and has published the leading monographs and commentaries on this topic.
Read about Professor Valentine Korah

The conference will explore the topics of:

• General aspects of the reform of Vertical Restraints   
• A retrospective and prospective of the vertical restraints reform
• Internet distribution and vertical restraints
• Tying/bundling
• Resale Price Maintenance
• Exclusive territories and parallel trade
• Vertical restraints and the rise of retailer power: competition law and alternatives
• Vertical restraints in national competition laws and international convergence

The conference gathers leading competition law academics and practitioners in the field of vertical restraints and, more generally, distribution practices from different jurisdictions. It would be particularly appealing to in house lawyers, private practitioners, academics, competition authorities’ officials and post-graduate students.

Download the brochure for this conference

PROGRAMME:

DAY ONE

8:30 Registration

9:00 Welcome: Dr Ioannis Lianos, UCL

SESSION I: ARTICLE 81 AND GENERAL ASPECTS OF THE REFORM
Chair: Philip Collins (OFT)
Speakers: The Scope of Article 81(1) Ioannis Lianos (UCL)
The Scope of Article 81(3) Giorgio Monti (LSE)
The other verticals: relation with Article 82 jurisprudence John Kallaugher (Latham & Watkins, UCL)
The other verticals: motor vehicle regulation Gregory Pelecanos (Ballas, Pelecanos & Associates)

10:40 BREAK

11:00 SESSION II: ROUNDTABLE A RETROSPECTIVE AND PROSPECTIVE OF THE VERTICAL RESTRAINTS REFORM
Chair: Sir Christopher Bellamy (Linklaters LLP)
Participants: Prof. Valentine Korah (UCL)
Philip Lowe (European Commission, DG Comp.)
Ian Forrester QC (White & Case)
Dr Bill Kovacic (Federal Trade Commission)
Prof. Richard Whish (King’s College London)

12:30 SESSION III: INTERNET DISTRIBUTION AND VERTICAL RESTRAINTS
Chair: Prof. Richard Whish (King’s College London)
Speakers: Denis Waelbroeck (Ashurst, Free University of Brussels)
Stephen Kinsella (Sidley Austin)
Discussants: Andrea Appella (News Corp.)
Antonio Bavasso (Allen & Overy, UCL)

13:30 LUNCH Announcement of the Valentine Korah Prize in Competition Law
Dr Ioannis Lianos (UCL) Ian Forrester QC (White & Case LLP)

14:15 SESSION IV: TYING / BUNDLING
Chair: Judge Nicholas Forwood (European Court of First Instance)
Speakers: Prof. Einer Elhauge (Harvard University)
Dr Jorge Padilla (LECG)
Dr Damien Neven (Chief Economist, European Commission)
Discussants: Dr Cristina Caffarra (CRA International)
Prof. Dan Crane (University of Michigan School of Law, Ann Arbor)

16:00 BREAK

16:15 SESSION V: ROUNDTABLE: RESALE PRICE MAINTENANCE Chair: Prof. Valentine Korah (UCL) Participants: Luc Peeperkorn (European Commission, DG Comp.)
Warren Grimes (Southwestern University)
Alison Jones (Kings College London)
Discussants: Aidan Robertson (Brick Court Chambers)
Thibaud Verge (CREST-LEI (Paris))

17:45 SESSION VI: ROUNDTABLE EXCLUSIVE TERRITORIES AND PARALLEL TRADE
Chair: Professor Brenda Sufrin (University of Bristol)
Speakers: Eric Gippini Fournier (European Commission) tbc
Dr Assimakis Komninos (White & Case LLP, UCL)
Dr Jose Luis Buendia (Garrigues LLP)
Discussants: Dr Christopher Stothers (Milbank, Tweed, Hadley and McCloy LLP & UCL)
Oke Odudu (University of Cambridge)

19:15 DRINKS RECEPTION

DAY TWO 9:30 SESSION VII: ROUNDTABLE VERTICAL RESTRAINTS AND THE RISE OF RETAILER POWER: COMPETITION LAW AND ALTERNATIVES
Chair: Peter Freeman (UK Competition Commission)
Participants: Michael Waterson (Warwick Business School)
Irving Scher (Greenberg Traurig, LLP) Ariel Ezrachi (Oxford)
Discussant: Ioannis Lianos (UCL)

11:00 BREAK

11:15 Session VIII: Vertical restraints in national competition laws and international convergence (roundtable discussion)
Chair: Prof. Frederic Jenny (Cour de Cassation, Office of Fair Trading, OCDE Competition Committee, UCL) tbc
Participants: UK experience on verticals Mark Clough (Addleshaw Goddard)
Vertical restraints in France Laurence Idot (University of Paris II Panthéon Assas)
Vertical restraints in Germany Florian Wagner von Papp (UCL)
Vertical restraints around the world: A comparative perspective Daniel Sokol (University of Florida Levin College of Law)
International aspects on vertical restraints Maher Dabbah (Queen Mary, University of London)

13:15 END OF CONFERENCE