To find out more call Kyla Brand on 0131 220 5930

Following the publication of the government’s consultation document on the future shape of the UK competition law regime, we are pleased to invite you to a major event, held in conjunction with the Department for Business, Innovation & Skills (BIS), at which you will have an opportunity to contribute to the debate.

Chaired by Prof Mark Furse, the event will start with an overview by BIS of the issues raised in the consultation document, and will continue with commentary and discussion from experts in the field. There will be plenty of opportunity for delegates to ask questions and to comment, followed by drinks. Our key speakers are:

• Kam Roopra and Morven Hadden, BIS competition reform team: the purpose of the proposals and the key themes.
• Michael Dean, Partner, Maclay Murray & Spens LLP: should we have a mandatory merger filing regime, what should be the thresholds and what should be the standard of judicial review?
• Lindsey Miller, Head of Serious and Organised Crime Division, the Crown Office: reforming the cartel offence – the substantive test and lessons from the Scottish experience.
• Peter Willis, Partner, Dundas & Wilson LLP: process and structure – refining existing procedures, introducing an ‘internal tribunal’ or making the CMA a prosecutor?

Programme:

Date: Thursday 9 June 2011

Time: 16:45 – 19:00 (registration from 16:30)

Venue: Dundas & Wilson LLP, 20 Castle Terrace, Edinburgh, EH1 2EN

CPD: Faculty of Advocates, 2 hours (this event does not carry Law Society CPD points)

To register: email the Secretary, Mark Furse, at mark.furse@glasgow.ac.uk

The Office of Fair Trading has just published its cross-sectoral study into the role of competition in the commissioning of public services.  The study aims to guide policymakers and public sector purchasers at all levels of government on how to appropriately take competition issues into account.  Among the issues addressed are:

• Key challenges for the public sector in moving away from self-supply;
• The pros and cons of permitting SMEs and newly formed enterprises to tender; and
• Ensuring competition down the supply chain.

Competition authorities and procurement law both, in the broad sense, aim to achieve best value for money.  However, can the respective regimes conflict?  To what extent might rigid adherence to the procurement rules produce an adverse effect on competition?  How far can the broader effect on the market be taken into account in a tender?
The study, published last week, can be accessed here:
http://www.oft.gov.uk/shared_oft/reports/comp_policy/OFT1314.pdf

The topicality of these issues is assured, particularly in the context of the current public spending environment and the European Commission’s Green Paper on possible modernisation and reform of the EU procurement rules.  We are assured of an evening of interesting discussion and debate.
Our three speakers are:

• Haris Irshad, Team Leader at the Office of Fair Trading. Haris’s presentation will focus on the key findings of the OFT’s study and offer his own reflections.
• Maria Weir, Intellectual Assets Centre.  With many years experience of fostering SME’s and third sector organisations in bidding for public tenders, Maria will give her thoughts on the legal and practical difficulties facing these bodies in the current procurement environment.
• Fod Barnes, Oxera.  With many years experience of giving strategic, economic advice to the public sector at the interface of regulation, competition and procurement, Fod will give an economist’s perspective.  Can the various aims being pursued be reconciled or will the market dictate particular outcomes?  As a supplier to government, he may be unable to resist the temptation to comment from that standpoint…

Date:                Wednesday 27 April 2011
Time:                1700 – 2000
Venue:              Maclay Murray & Spens LLP, 1 George Square, Glasgow, G2 1AL
 
Registration:  To register please e-mail mark.furse@glasgow.ac.uk.

There is no charge for attendance at this event.  In the event of over-subscription, preference will be given to existing PLA and SCLF members. 
 
For information regarding these organisations and details of how to join please see:
 
http://scotcomp.org.uk/
http://www.procurementlawyers.org/

Registration 15:00

15:15 – 16:30 Session One: TBC - ‘On-line retailing – the retailer’s view’; Sarah O’Neill, Head of Policy, Consumer Focus Scotland – ‘Issues arising for the consumer from on-line retail’; Jason Freeman, Legal Director Consumer Markets Group, Office of Fair Trading – ‘Access and protection in on-line markets’

16:45 – 18:15 Session Two: Chair, Michael Dean, Partner, Maclay Murray & Spens LLP; Antoine Winckler, Attorney, Avocat, Cleary Gottlieb Steen & Hamilton LLP – ‘On line distribution of branded goods’; Stephen Kinsella, Partner, Sidley Austin LLP – ‘Regulation 330/2010 and the Guidelines – Equal playing fields?’; John Schmidt, Partner, Shepherd & Wedderburn LLP – ‘On-line retailing and competition law issues’

To register for the event email mark.furse@glasgow.ac.uk.

Following the event we will be hosting our annual dinner. This will be at the Missoni Hotel, a short walk from the venue, at 19:00 for 19:30 We have arranged a three course dinner plus coffee, and a glass of wine for £40.00.

If you would like to join us for dinner please email the Secretary of the SCLF at: mark.furse@glasgow.ac.uk

Evening Meeting at The GSM Association on 3 November 2010 at 6.00pm

The next CLA evening meeting will be held on Wednesday, 3 November at 6pm at The GSM Association, Seventh Floor, 5 New Street Square, New Fetter Lane, London EC4A 3BF.

Peter Lukacs and Robert O’Donoghue have kindly agreed to speak on the following subject: “Are we still on the road to an effects-based approach under Article 102?”

Peter Lukacs is a Director in the Infrastructure group at the OFT. He has led a number of projects, including the latter stages of the Cardiff Bus CA98 case and the referral of the local bus market to the CC and is currently leading two Chapter II Competition Act investigations. In the past few years he has provided advice on many cases from the Chief Economist’s Office at the OFT. Before joining the OFT he taught economics at City University. Robert O’Donoghue is a barrister at Brick Court Chambers. He has extensive experience of all aspects of EU and Competition Law. He has appeared in numerous cases in the UK courts, as well as the CFI and ECJ. His practice includes advisory work on European and UK competition rules and he has particular experience of proceedings before the European Commission and the OFT, including cartels, mergers, and abuse of dominance proceedings. Robert co-authored The Law and Economics of Article 82 EC with A. Jorge Padilla. If you would like to attend the meeting, please return the attached reply slip to Suzanne Snook, the CLA Administrator, together with a cheque in the sum of £20 (full members of the CLA), £25 (non-members), or £10 (associate members) made payable to The Competition Law Association, by Monday 1 November 2010. Tickets will not be issued.