IBA 9th Competition Mid-Year Conference

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1 international bar association conferences IBA 9th Competition Mid-Year Conference March 2013 The InterContinental Hotel Sydney, Australia A conference presented by the IBA Antitrust Committee and supported by the IBA Asia Pacific Regional Forum Working programme and list of participants

2 Conference Chair Jose Regazzini TozziniFreire Advogados, São Paulo; Co-Chair, IBA Antitrust Committee Host Committee Chair Professor Bob Baxt AO Herbert Smith Freehills, Melbourne; Law Council of Australia Committee Allen & Overy Allens Ashurst Clayton Utz Corrs Chambers Westgarth Frontier Economics Gilbert and Tobin Herbert Smith Freehills King & Wood Mallesons Minter Ellison Norton Rose RBB Economics Thursday 21 March All working sessions will take place in the James Cook Ballroom All coffee/tea breaks will take place in the James Cook Foyer Lunch will take place in the Fort Macquarie Room Registration Welcome coffee/tea Introduction Michael J Reynolds Allen & Overy, Brussels; IBA President Opening address Rod Sims Chair, Australian Competition and Consumer Commission, Canberra Opening address Joaquín Almunia Vice-President, European Commission, Competition Commissioner, Brussels Associate conference sponsor

3 Thursday continued Session one Regulators round table In this session we will hear from key competition law regulators on their current priorities and challenges, as well as an update on cooperation between agencies in international enforcement. Andrew Christopher Webb Henderson, Sydney Michael Corrigan Clayton Utz, Sydney Joaquín Almunia Mark Berry Chair, New Zealand Commerce Commission, Wellington Hiroyuki Odagiri Commissioner, Japan Fair Trade Commission, Tokyo Rod Sims Alexey Sushkevich Head of the Analytical Department, Federal Antimonopoly Service of the Russian Federation, Moscow Coffee/tea break Session two Merger Control Is convergence still on top of the agenda? This session will consider recent developments in international merger control enforcement. The ICN has, for most of its existence, proclaimed substantive and procedural convergence to be top of the agenda. Panellists will discuss whether this is still the case. The panel will tap on their experience as lawyers and economists involved in transborder mergers to identify past achievements and current trends that could herald a situation in which companies might face rules and policies that stress a local agenda rather than international harmonisation Lunch Peter Armitage Ashurst, Sydney Marc Reysen O Melveny & Myers, Brussels; Secretary, IBA Antitrust Committee Simon Bishop RBB Economics, London Janet Hui Jun He Law Offices, Beijing; Membership Officer, IBA Antitrust Committee Mark Jephcott Herbert Smith Freehills, London and Beijing Nisha Uberoi Amarchand & Mangaldas & Suresh A Shroff & Co, Mumbai Keynote speaker The Hon Justice John Mansfield Federal Court of Australia, Adelaide Exhibitor Supporter

4 Thursday continued Session three What is being BIG and when BIG is bad? What is market power in Asia-Pacific, Americas and Europe? This session will take a look at limits on unilateral conduct and issues with misuse of market power. It will discuss what is considered as market power in Asia-Pacific, Americas and Europe from a legal and an economic perspective and how to comply with various regimes when it comes to international business. It will also discuss when market power becomes a source of risk for companies and what is considered misuse of market power. Finally it will examine the approaches of competition authorities and courts on sanctions and remedies. Carolyn Oddie Allens, Sydney Philippe Rincazaux Orrick, Paris; Working Group Coordinator, IBA Antitrust Committee Neil Dryden Compass Lexecon, London Thomas Janssens Freshfields Bruckhaus Deringer, Brussels; Newsletter Editor, IBA Antitrust Committee Simon Snow Gilbert and Tobin, Sydney Theodore Voorhees Jr Covington & Burling, Washington DC Kirsten Webb Clayton Utz, Sydney Coffee/tea break Session four Information exchange between competitors part-time friend or per se enemy Restraints on information exchange between competitors is still a relatively new frontier in the regulation of horizontal arrangements. Some jurisdictions are opting for per se prohibition, others appear to be taking a more analytical approach. However, all agree that there are significant challenges in identifying when such exchange is harmful. This panel will explore the continuing economic and legal debate on how regulators should deal with this conduct. Stephen Ridgeway King & Wood Mallesons, Melbourne Daren Shiau Allen & Gledhill, Singapore Marcus Bezzi Executive General Manager, Enforcement & Compliance, ACCC, Sydney Katrina Groshinski Minter Ellison, Sydney Peter McDonald Herbert Smith Freehills, Melbourne Richard York Frontier Economics, Melbourne Conference dinner Fort Macquarie room, The InterContinental Hotel Ticket price: USD $145 Entry is by ticket only.

5 Friday 22 March All working sessions will take place in the James Cook Ballroom All coffee/tea breaks will take place in the James Cook Foyer Lunch will take place in the Fort Macquarie Room Registration Keynote address The Honourable David Bradbury MP Assistant Treasurer and Minister Assisting for Deregulation, Sydney Session five Views from those who are shaping competition law an interview with Gary Spratling Moderator Michael J Reynolds Speaker Gary Spratling Gibson Dunn & Crutcher, San Francisco Coffee/tea break Session six New challenges in the coordination of multijurisdictional cartels This session will discuss developing trends and learnings in the coordination of multijurisdictional matters related to cartels, such as whether and where to seek leniency/amnesty; evidential matters, including information sharing among regulators; defence and prosecution strategies; and follow on actions. Andy Matthews Minter Ellison Rudd Watts, Auckland Pieter Steyn Werksmans, Johannesburg; Vice-Chair, IBA Antitrust Committee Yong Seok Ahn Lee & Ko, Seoul; Newsletter Editor, IBA Antitrust Committee Marcelo Calliari TozziniFreire Advogados, São Paulo; Vice-Chair, IBA Trade and Customs Law Committee Ayman Guirguis Corrs Chambers Westgarth, Sydney François Renard Allen & Overy, Beijing Gary Spratling Harumichi Uchida Mori Hamada & Matsumoto, Tokyo; Senior Vice-Chair, IBA Asia Pacific Regional Forum 1300 Closing remarks by Conference Chair

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