January 26, 2012
February 28 2012
Hosted by Maclay Murray & Spens LLP
Competition law and the individual: what are the risks?
Following the recent collapse of the BA criminal cartel case and only one successful prosecution in the UK, individuals may think that they are out of the woods: think again!
As well as the risk of facing a prison sentence if found guilty of the cartel offence, individuals are also at risk of a Competition Disqualification Order which could disqualify them from acting as a director for up to 15 years. As the desire to hold directors responsible mounts, individuals must be aware of the potential far reaching consequences.
Our three speakers are:
Philip Collins, Chairman of the OFT. He will discuss the competition agency’s approach towards individuals including: policy reasons for sanctions being individual as well as corporate and for making individual sanctions criminal rather than civil; the complementary nature of such sanctions; the role of directors and senior managers in promoting a compliance culture; the responsibilities of individuals in the corporate world towards competition, compliance and infringements; the relevant OFT guidance; and the approach of the OFT towards disqualification proceedings.
Keith Packer, formerly of BA, and now Top Bunk Thinking Ltd has first-hand experience of facing criminal proceedings. He will recount his story from the initial dawn raid through to his Plea Agreement in the US and the resultant prison sentence. Keith these days is an inspirational speaker who adds a real-life context to companies engaged in compliance programmes. Message to salespeople who are sceptical about the importance of competition law compliance: think again!
Mark Furse, Professor of Competition Law and Policy at Glasgow University, will discuss the arguments from law and economics relating to individual sanctions and competition law. A leading academic writer in the field, Mark has grave misgivings about the UK’s criminal cartel offence and will share these uncompromisingly.
May 27, 2011
Options for reform – consultation on the future of UK competition enforcement
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
April 18, 2011
Competition Law and Public Procurement
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/
October 21, 2010
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.
