Understanding and Managing Competition Law Compliance

Course Overview

Are you confident your business is practising 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.

The repercussions of breaching competition law are severe
and can include:

• Fines against your company
• Claims for damages
• Disqualification of directors and possible imprisonment of individuals

You need to be aware of how competition law applies to your business and how you can reduce the risk of infringement. By learning how to put a comprehensive compliance policy in place and understanding how to enforce it, you can avoid violations and their consequences. This intensive course will
help you identify and manage these risks and ensure you’re equipped to deal with complaints and the consequences of non-compliance.

The programme covers competition law not only in the real world but also the digital world. It explores jurisdictional issues, including the long-arm US jurisdiction, and will give you practical tips on dealing with investigations and complaints. The course will take a very interactive approach, with plenty of opportunities for discussion and questions and answers.

By attending this event you will:

• Understand the law and its implications for your business
• Learn how to demonstrate your organisation’s commitment to competition law
• Identify and minimise the risks of competition law
• Recognise the implications and consequences of breach
• Focus on good practice and how to successfully implement a compliance policy
• Grasp how to maximise your opportunities within the marketplace
• Discuss and appreciate the implications of Brexit and what it could mean for your business

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