21 March

Competition Investigations

Date & place

Tuesday 21 March from 08:30 to 14:00 CET

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Mayer Brown (Paris)

10 Avenue Hoche

75008 Paris France
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Program

Registration & Welcome

8:30

WELCOME & INTRODUCTORY REMARKS

9:00

Nathalie JALABERT-DOURY | Partner, Mayer Brown, Paris (bio)

LATEST DEVELOPMENTS UNDER THE MICROSCOPE

9:15

Hearing views of both the investigators and the investigated, about recent cases and policy developments

Stanislas MARTIN | Rapporteur General, French Competition Authority, Paris (bio)
Nathalie JALABERT-DOURY | Partner, Mayer Brown, Paris (bio)

Coffee break

10:15

#1 REGULATION 1/2003 REVIEW: ARE COMPETITION INVESTIGATION POWERS FIT FOR THE DIGITAL AGE?

10:30

Regulation 1/2003 is being reviewed and updated in the light of new investigatory techniques and digital developments such as remote inspections, new forensics tools, and the growth of remote working. These new practices and the impact of modern ways of working, require a review of the applicable rules.

Aymeric DE MONCUIT | Partner, Mayer Brown, Brussels (bio)
Irène LUC | Vice President, French Competition Authority, Paris (bio)
Sophia STEPHANOU | Case Handler, DG COMP, Brussels (bio)

Moderator: Laurence IDOT | Professor Emeritus, University Paris-Panthéon-Assas, Paris (bio)

Coffee break

11:30

#2 LEGAL PRIVILEGE: TAKING STOCK - ARE WE THERE YET?

12:00

In January 2022, the French Supreme Court held that purely internal emails exchanged between in-house lawyers, discussing the company’s defense strategy put together by external lawyers, do fall within the scope of legally privileged documents. In December 2022, the European Court of Justice delivered a landmark judgment clarifying that legal professional privilege is protected both on the basis of rights of defense, and also under the right to protection of private communications. However, asserting legal privilege frequently remains a challenge during dawn raids. What is needed to ensure effective protection?

Philippe COEN | Vice President, AFJE, Paris (bio)
Florence DE BAKKER | Senior Legal Counsel, Bayer HealthCare, Paris (bio)
Gabriel LLUCH | General Counsel Competition and Regulation, Orange, Paris (bio)
Fabienne SIREDEY-GARNIER | Vice President, French Competition Authority, Paris (bio)

Moderator: Nathalie JALABERT-DOURY | Partner, Mayer Brown, Paris (bio)

Buffet lunch

13:00

The discussions will take place in French.

DOCUMENTATION

If you would like to read about this event’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription here.

LATEST DEVELOPMENTS UNDER THE MICROSCOPE

1. European Court of Justice, The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet), 12 January 2023

2. Nathalie Jalabert-Doury, Competition Investigations & Dawn Raids: An overview of EU and national case law, 15 September 2022

PANEL #1 - REGULATION 1/2003 REVIEW: ARE COMPETITION INVESTIGATION POWERS FIT FOR THE DIGITAL AGE?

1. European Court of Justice, The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices, 9 March 2023

2. European Commission, The EU Commission sees the Foreign Subsidies Regulation enter into force, 12 January 2023

3. Massimiliano Kadar, Interim Measures: An overview of EU and national case law, 5 January 2023

4. Alain Ronzano, Commitments: The European Commission makes binding the commitments given by a marketplace putting an end to two self-preferential practices on the use for its own benefit of the data of sellers active on its marketplace and the discriminatory access of sellers to the Buy Box and the Prime programme (Amazon prime), 20 December 2022

5. French Competition Authority, The French Competition Authority initiates an investigation to analyse the competitive functioning in the land passenger transport sector, 19 December 2022

6. Barbara Monti, Regulation: The European Commission launches the review of EU Regulation 1/2003 on procedural rules of anti-competitive practices, 30 June 2022

7. Richard Whish, Reflections on Regulation 1/2003, declarations of inapplicability and informal guidance, May 2022

PANEL #2 - LEGAL PRIVILEGE: TAKING STOCK - ARE WE THERE YET?

1. Alain Ronzano, Dawn raids: The French Supreme Court extends the case law of the Plenary Assembly authorising the seizure of computers and telephones belonging to persons passing through the premises visited in connection with the investigation to the litigation of visits and seizures in competition matters (X), 21 February 2023

2. Jacques Buhart, Legal Professional Privilege, Global Dictionary of Competition Law, Concurrences, 1st February 2023

3. Margot Vogels, Andreas Reindl, Richard Burton, The EU Court of Justice of rules that legal professional privilege extends to all communications from external counsel, 8 December 2022

4. Nathalie Jalabert-Doury, Competition Investigations & Dawn Raids: An overview of EU and national case law, 15 September 2022

5. Jérémie Marthan, Jean-Baptiste Roche, As-yet unexplored issues of the protection of lawyer-client privilege in French and European merger control, September 2022

6. André Marie, Attorney-client privilege: The French Supreme Court confirms the extension of the protection of the rights of the defence by extending the unseizability of lawyer-client correspondence to all correspondence exchanged and related to the exercise of his rights (Cofepp), 20 April 2022

7. Jean-Yves Garaud, Frédéric de Bure, Sophie Troussard-Fauré, The French Supreme Court confirms the Paris Court of appeal decision annulling the seizure of a number of correspondence exchanged between employees of a company by the Competition Authority, expanding the scope of the “French legal privilege”, 4 February 2022

8. Christophe Lemaire, Marie Florent, Professional confidentiality: The French Supreme Court confirms the order of the first president of the Paris Court of Appeal, considering that internal exchanges within a company containing the substance of strategic legal consultations are covered by the principle of attorney-client privilege (Whirlpool), 26 January 2022

Previous attendees

Enforcers: Autorité De La Concurrence, Ministry Of Finance In Qatar, Autorité De Contrôle Prudentiel Et De Résolution, Dg Comp, Commission Européenne, Tribunal De L’UE, BNPP, Autorité De La Concurrence, Ministry Of Commerce, DGCCRF, BCA, Romanian Competition Council, Autorité Belge De La Concurrence, Ministry Of Finance...

Corporations: Groupe Rocher, Ge Healthcare, Veolia, Société Génerale, BASF, SNCF, Samsung, Synthomer, Eiffage / Ipsen, Coca-Cola, Saint-Gobain, Bouygues Telecom, 3DS, Delivery Hero, SOITEC, Capgemini, Croatian Telecom, Credit Agricole, ENGIE, Orange, Faurecia, Epex Spot, CFPR, L’oreal, La Banque Postale, BPCE, Henkel, RATP, Caisse Des Depots, Janssen Cilag, Schindler, Radiall, Philip Morris, Unilever, Biomerieux, St Michel Services, Lafarge, Alfratec, IBM, Association Française Des Sociétés Financières, BNP Paribas, SFR, Air Liquide, Delivery Hero, CDC, Dassault Systemes, AEMA Groupe, ASF, ATOS, Editions Legislatives...

Academics: College Of Europe, Doshisha University, Universite Paris 1, Université Paris 2 Pantheon Assas...

Economists: Laborde Advisory...

Mayer Brown (Paris)

10 Avenue Hoche

75008 Paris France