Understanding and Managing Competition Law Compliance

Course Overview

Are you confident your business is practicing within the boundaries of competition law in your jurisdictions? This course focuses on the fundamental principles and key elements of competition law in the EU and UK, and how compliance works in practice.

This intensive one-day training programme will enable you to:

• Understand the fundamental principles and key elements of competition law
• Be up-to-date with the latest changes to the law
• Understand your place in the market
• Identify the risks and mitigate against them
• Deal with complaints and consequences of non-compliance
• Maximise opportunities in the marketplace while remaining compliant
• Get to grips with the implications and impact of Brexit

Who Should Attend?

People who shoud be attending this course:

• In-house lawyers
• Patent and trade mark attorneys
• Legal counsel
• IP specialists/managers
• General managers
• Commercial managers

Programme

Overview of EU and UK competition law

• Part 1 Agreements
• Part 2 Behaviour
• Articles 101 and 102 of TFEU – recent developments
• The Block Exemptions
• Jurisdictional issues including the long arm of the US

Knowing your place in the market

• Economic tests – what are the relevant markets?
• Market share thresholds
• Dominant position
• What constitutes abuse
• Identifying restrictions
• Exemptions and exclusions
• Refusal to supply
• FRAND agreements
• Requirement to notify
• Thresholds for notification

Consequences of non-compliance and remedies

• Damages
• Fines
• Disqualification of directors
• Criminal sanctions

Competition law in the digital world

• Controlling sales online – do’s and don’ts around pricing and geo-blocking
• Platforms, algorithms and price monitoring
• Big data and data privacy – what is the overlap with competition law?

Identifying and managing risks

• Identifying risks and how they might impact your business
• Risk assessment and mitigation
• Review and communication to the business

Preparing and implementing a competition law compliance policy

• Compliance strategies
• Key elements of a compliance policy
• Privilege
• Communicating and enforcing the policy
• Knowing your role in management

Why am I being investigated?

• The objectives of competition law
• How authorities select cases
• Practical tips for dealing with investigations
• The pros and cons of co-operating with authorities
• Appeals

Maximising opportunities within the marketplace

• The impact of Brexit and beyond
• Transitional arrangements
• Key issues to consider

Final questions