Competition Law: Recent Developments and Practical Guidance for In-house Counsel
Helen Nicklin, Counsel, Virgin Media, UK
Dr. Tobias Caspary, Fried Frank, Senior Associate, London/Frankfurt
We are living in an era of ever-increasing competition law enforcement and litigation. This session provides an update on recent developments and offers practical guidance for in-house counsel, covering both compliance and the practicalities of dealing with competition law investigations and litigation. We cover cartels, other anti-competitive agreements, abuse of a dominant position, market investigations and merger control from a UK, EU and global perspective, identifying the red flags to warn in-house counsel of increased competition law risk.
Examples of areas currently receiving particular enforcement scrutiny include: information exchange between competitors, directly and indirectly through suppliers and customers; trade association activities; resale price maintenance; most favoured customer clauses; joint venture non-compete agreements; and access to key technology on “FRAND” terms. Industries particularly in the spotlight include financial services, technology, energy and healthcare.
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