6th AIJA Annual Antitrust Conference: Competition Law Procedures - The Ultimate Guidance Through Stormy Waters

Amsterdam, Netherlands

01 June 2017 - 03 June 2017


Thursday 01 June 2017

17:30 » 18:00 Registration, Hotel American
18:00 » 19:00 Welcome cocktail, Hotel American

Friday 02 June 2017

08:00 » 08:45 Registration, Hotel American
08:45 » 09:00 Introduction to the Seminar by Wiebe De Vries, AIJA First Vice-President and David Mamane, AIJA Antitrust Commission President
09:00 » 10:30
Session 1: Resistance is futile? – How to protect your rights during and right after dawn raids
Dawn raids are often the first point of contact between the investigating authority and the accused companies. During and right after dawn raids it is essential for the accused companies to protect their defense rights, e.g. by protecting documents subject to legal privilege, by refusing to cooperate on the basis of the right against self-incrimination, or by ensuring that the search and seizure does not violate fundamental rights.
 Moderator: 
Tim Raats, Maverick, Netherlands 
Speakers: 
Jorge Manzarbeitia, Callol Coca, Spain
Pauline Le More, LeMore Legal, France 
Jasvinder Nakhwal, Peters & Peters, UK
Anna Maximenko, Debevoise, Russia
10:30 » 11:00 Coffee Break
11:00 » 12:30
Session 2: Where No One Has Gone Before – Crossing borders in international investigations
Antitrust investigations are becoming increasingly international. Authorities are also increasingly able to exchange information. Coordinating multijurisdictional investigations (internal or  external) can be challenging because they involve cross-border data flows and the need for coordinating leniency  procedures. Data protection rules and blocking statutes must be adhered to. 
Moderator: 
David Mamane, Schellenberg Wittmer, Switzerland
Speakers: 
Grégoire Ryelandt, Crowell & Moring, Belgium
Patrick R. Bock, Cleary steen & Hamilton LLP, Germany
Sebastian Janka, Noerr, Germany
Michael Gu, Anjie, China
12:30 » 13:30 Lunch
13:30 » 15:00
Session 3: Who watches the watchmen – Is there a due process in administrative and judicial procedures
The investigation and decision phase conducted by a competition authority is key for the accused company. In a due process, the accused is allowed access to the file, has the possibility to confront its accuser and the decision body must rely on the presumption of innocence. In quasi-criminal procedures it is important to correctly allocate the burden and standard of proof. Many competition authorities also operate at the same time as prosecutor and judge, which can raise conflicts of interest. 
Moderator: 
Sophie Gilliam, DLA Piper, Netherlands
Speakers: 
Johanna Svantesson, Lindahl, Sweden
Boris Kasten, Schindler Management AG, Switzerland
Silke Möller, Glade Michel Wirtz, Germany
15:00 » 15:30 Coffee Break
15:30 » 17:30
Session 4 - Panel discussion: Let That Be Your Last Battlefield – How to ensure due process in competition law matters
In light of the quasi-criminal nature of competition law fines, how should authorities and courts prevent potential procedural infractions? Should the authorities and courts be concerned with due process issues in the investigation and are courts willing and able to perform a full-fledged review of competition law decisions? 
 Moderators: 
Ruben Elkerbout, Stek, Netherlands
Joost Fanoy, BarentsKrans, Netherlands
Input Speakers: 
Prof. Stefan Thomas, University Tübingen, Germany
Annemarie Ter Heegde, DG COMP, Brussels
Pascal Berghe, Référendaire, Court of Justice, Luxembourg
Additional panelist:
Dahlia Kownator, Qualcomm, France
20:30 » 23:00
Dinner at Restaurant “Hotel De Goudfazant”, Aambeeldstraat 10, Amsterdam (Noord) 

Saturday 03 June 2017

09:30 » 11:00
Session 5: A Fistful of Datas – Due process in dynamic merger control procedures
Merger control is usually a process with precise rules and deadlines. However, it also often leaves a lot of room to the authorities and is thus a good candidate for due process issues. Such issues will be addressed by this panel, as concerns the pre-notification phase, filing modalities, information requests, commitment negotiations and various other circumstances. 
Moderator: 
Aurélien Condomines, Aramis, France
Speakers: 
Karen Ruback, Grinberg e Cordovil, Brazil
Radovan Kubac, Nedelka Kubac Advokati, Czech Republic
Andrea Pomana, Debevoise, Germany
Mark Gall, Bech Bruun, Denmark
11:00 » 11:30 Coffee Break
11:30 » 13:00
Session 6 - Closing session: Dutch style debate
During our closing session, we will take a birds-eye view of the topics discussed during the conference.  Some of the more controversial topics in the realm of  competition law procedure will be discussed during a typical "Dutch style debate". Topics will be introduced by our house speakers after which the topics are open for discussion, offering the opportunity to weigh in on everyone's experience navigating the stormy weather of competition law procedure.
 House speakers:
Christoph Weinert, Commeo, Germany
Alfonso Rincón, Martínez Lage, Allendesalazar & Brokelmann, Spain
Ghazale Mandegarian, Osborne Clarke, Germany
Oliver Kaufmann, Streichenberg, Switzerland
13:00 » 14:30 Lunch
14:30 » 17:30 Optional afternoon social program
20:30 » 23:00 Optional dinner

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