Introduction of Speakers and their Presentations

st. martin conference 2013

recent trends and developments in competition law and policy

 

Tuesday, 12 November 2013

 

PANEL I:  WHAT'S NEW IN COMPETITION LAW AND POLICY

Overview of the latest trends and developments in the Czech Republic, Slovakia  and  the EU during the last year

 

Michal Petr

Vice-Chairman; Czech Competition Authority

Michal Petr has worked for the Czech Competition Authority since 2003. In 2010, he was appointed Vice-Chairman responsible for competition law enforcement. He graduated from the Faculty of Law at Palacky University in Olomouc and Masaryk University in Brno. Before his current appointment, he worked as Director of the Legislation and International Affairs Section and as a Chairman of the appellate commission of the Authority. He was responsible for the amendments of the Protection of Competition Act related to accession of the Czech Republic to the EU, revision of the Leniency Programme or delimitation of competences of the Competition Authority and sector regulators. He lectures competition law at Masaryk University in Brno and Palacky University in Olomouc. He authored and co-authored numerous publications on competition law and due process issues and is a member of the editorial board of the Revue of Competition Law magazine.

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Radoslav Tóth

Vice-Chairman; Slovak Competition Authority

Radoslav Toth has been a Vice-Chairman of the Slovak Competition Authority since July 2012. Before that, he worked for the law office LAWCORP. In his practice he focused on competition law and international transactions. He graduated at the Faculty of Law of Comenius University in Bratislava (2002) and obtained a postgraduate degree at the London School of Economics (2007). Mr Toth is an external lecturer on Competition Law at the Faculty of Law of the Charles University.

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Petr Zákoucký

Lawyer; Clifford Chance LLP

Petr Zákoucký is a Senior Associate at Clifford Chance in Prague and leads the office's energy, competition and public procurement practice. He represents clients in the development of new projects, M&A, joint venture projects and disputes in the Czech Republic as well as within the region. Within its regulatory practice, he also regularly lectures at conferences (including, for instance, conferences of TOPGAS, CEPKON, Office for the Protection of Competition) and at the retreats of the energy section of the Union of In-House Lawyers. He spent a half a year with the Clifford Chance competition team in Brussels. Before joining Clifford Chance in 2006, Mr Zákoucký worked for the law firm White & Case; he also completed internships with the General Court in Luxembourg and with the European Commission's DG Competition in Brussels. He obtained a master's degree in law from Charles University in Prague (2002), within which completed a one-year exchange study programme at the Faculty of Law in Manchester (2001). He also completed LL.M. study programmes in Tuebingen (2004) and Amsterdam (2005).

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PANEL II: MORE ECONOMIC APPROACH IN MERGER CONTROL

 

Milan Brouček

Directorate General for Competition of the European Commission

Milan Brouček studied economics and management at Military University of Ground Forces in Vyškov, Faculty of National Defense Economics. In 2000-2004 he worked as a teacher and analyst. In 2004 he began to work for the Office for the Protection of Competition as a director of the Economic department and since the beginning of 2009 as the Chief Economist. From May 2012 he worked as Chief Economist at the Slovak Competition Authority and in April 2013 he has joined the Directorate General for Competition of the European Commission. Mïlan Brouček has also been lecturing Competition Economics at the Masaryk University in Brno, Faculty of Economics and Administration.




 

 

 

Daniel Donath

ČEZ

Daniel Donath provides consultancy services in the field of the competition to the company ČEZ.  In last 10 years, he worked in Brussel and London as a Principal in the company Charles River Associates and as a member of the Chief Economist Team at the Directorate-General for Competition. He focuses mainly on the consultancy in the area of mergers and acquisitions, forbidden agreements, abuse of dominance and state aid.  In his practice, he represented dozens of companies across a broad spectrum of sectors, e.g. air transport, energetics, FMCG, financial services and others, before the European Commission, European courts, and national competition authorities and in international arbitrations. He holds Ph.D. in Economics from the Pennsylvania State University. Mr Donath often participates in conferences and lectures Competition Economy at Masaryk University in Brno.

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Norbert Maier

Directorate General for Competition of the European Commission

Norbert Maier is a member of the Chief Economist's Team at the Directorate General for Competition of the European Commission. Since taking this position in the Autumn of 2012 he has been mostly working in merger cases. Before joining the European Commission, Norbert worked as a senior economic consultant for the economic consultancy London Economics where he specialised in competition economics. During more than seven years in competition economics, Norbert has worked on cases covering the following industries: refined oil products, electricity, natural gas, car insurance, printed mass-media, flour, marine hoses, car glass, air cargo, packaging coatings, roaming data services, jet engines and soft drink production and packaging. Norbert has a PhD in economics from the London Business.

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Hans Zenger

Charles River Associates, Brussels

Hans Zenger is a Senior Consultant at Charles River Associates in Brussels. Before joining CRA in 2011, Hans was a Member of the Chief Economist Team at the European Commission’s DG Competition. Hans has advised clients in a large number of high profile cases before the European Commission and national competition authorities and is listed as a leading competition economist in the International Who’s Who of Competition Lawyers & Economists. He holds a Ph.D. in Economics from the University of Munich and an M.Sc. in Economics from Universitat Pompeu Fabra in Barcelona. Hans has published widely on the economics of competition law in journals including the Antitrust Law Journal and the Journal of Competition Law & Economics.

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PANEL III: PRIVATE ENFORCEMENT AND RECODIFICATION

 

Josef Bejček

Head of Commercial Law Department of the Faculty of Law; Masaryk University

In the years 1995–2001, Mr Bejcek was the Dean of the Faculty of Law of Masaryk University in Brno.  Currently, he chairs the Commercial Law Department of the same faculty. He has been called upon as an expert witness in various important international arbitrations. He has been a member of the Appeal Commission of the Czech Office for the Protection of Competition since the very beginning of its existence, and he has also taken part in the work of many committee that contributed to the drafting of new legislation (the Civil Code, the Act on the Protection of Competition, and the Public Procurement Act). He works as an arbitrator of the Arbitration Court attached to the Czech Chamber of Commerce and the Czech Agrarian Chamber. Mr Bejček has been and is a member of several scientific councils; he worked in accreditation commissions of the Ministry of Education, Youth and Sports and the Czech Government’s Cou­ncil for Research and Development, and as a member of the Social and Economic Sciences council of the Grant Agency of the Academy of Sciences of the Czech Republic. He is a member of the Academic Society for Competition Law (ASCOLA), the Czech Group of the International Association of Legal Science and the Czech Group of the International League of Competition Law; he is a member of the Czech Bar Association as well.  He lectures around the world, including Vienna, Budapest, Munich, Berlin, Poznan, Regensburg, Salzburg, New York, Atlanta, Washington, Zurich, Bonn, Aix-en-Provence, etc. He has been working in some editorial boards of legal journals and he currently presides over the editorial board of the specialized journal for competition law „Antitrust“. Mr Bejček has authored and co-authored a number of articles, studies, and textbooks on competition law and commercial law.

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Filip Kubík

Directorate General for Competition of the European Commission

Filip Kubík acts at the Directorate General for Competition, since 2008 as a member of the team responsible for the policy of competition private enforcement. In the period from 2005 till 2008 he worked in the Antitrust Cases Department in the sector of telecommunications and IT. Before he left for Brussels, he had been acting as an advocate in Prague headquarters of legal office Kocian Šolc Balaštik, where he had focused on the competition law, telecommunication law, litigation and arbitrations. Filip Kubík graduated at the Law Faculty of Charles University in Prague and at the University in Passau. He completed post graduate studies of European law at the university in Hamburg (LL.M. Eur.) and studied international relations at the University in Amsterdam.

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Robert Neruda

Partner; Havel, Holásek & Partners

Robert Neruda is a Partner of Havel, Holásek & Partners and the head of the firm’s team of lawyers specializing in competition and state aid law. He represents clients in proceedings related to concentrations between undertakings and advises them on related issues, represents businesses suspected of anticompetitive conduct, and advises clients on the competition aspects of their contemplated projects. He also frequently advises clients on compliance issues. Mr Neruda is recommended by the international publications Who's Who of Competition Lawyers, Chambers Europe and PLC Which Lawyer?

Before joining Havel, Holásek & Partners, Mr Neruda worked for eight years at the Czech Office for the Protection of Competition, last two years as Vice-Chairman of the Competition Section. He then served as an assistant to the judge at the Czech Supreme Administrative Court in 2004 and 2005. Mr Neruda is a co-author of the commentaries on the Act on the Protection of Competition (Linde 2004 and 2004) and the Act on Public Contracts (Linde 2005 and 2007), an author and co-author of many specialist articles. He lectures at two faculties and many national and international forums. 

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Michal Petr

Vice-Chairman; Czech Competition Authority

Michal Petr has worked for the Czech Competition Authority since 2003. In 2010, he was appointed Vice-Chairman responsible for competition law enforcement. He graduated from the Faculty of Law at Palacky University in Olomouc and Masaryk University in Brno. Before his current appointment, he worked as Director of the Legislation and International Affairs Section and as a chairman of the appellate commission of the Authority. He was responsible for the amendments of the Protection of Competition Act related to accession of the Czech Republic to the EU, revision of the leniency programme or delimitation of competences of the Competition Authority and sector regulators. He lectures competition law at Masaryk University in Brno and Palacky University in Olomouc. He authored and co-authored numerous publications on competition law and due process issues and is a member of the editorial board of the Revue of Competition Law magazine.

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Miroslav Uřičař

General Counsel, T-Mobile Czech Republic a. s.

Miroslav Uricar graduated from the Faculty of Law at Charles University in Prague.  After the studies, he worked as a legal counsel in the corporate sector, e.g. at OKD a.s. Since 1999, he has been employed at T-Mobile Czech Republic a.s., where he is currently General Counsel responsible for law, regulation, external relations, company security and compliance. He participates in international projects within the Deutsche Telekom Group as well. He specializes himself in administrative law and in regulatory issues related to network industries, especially the electronic communications, competition law and personal data protection. Miroslav Uricar is the chairman of the legislative committee of the Czech Association for Competition Law. He is also a member of the Board of Directors of the Association of Mobile Network Operators and a member of Executive Board of UNICEF ČR. He also acts as an arbitrator of the Arbitration Court of the Czech Chamber of Commerce and Agrarian Chamber of the Czech Republic. He has published in professional journals, he is a member of the Editorial Board of the International In-house Counsel Journal and occasionally lectures at conferences and seminars.

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Wednesday, 13 November 2013

 

PANEL I: RESALE PRICE MAINTENANCE

 

David Anderson

Partner; Berwin Leighton Paisner LLP

Dave Anderson is a partner in Berwin Leighton Paisner LLP's Competition, EU and Trade law team and is the Managing Partner of its Brussels office. He is a dual US/UK national and is qualified to practice law in the US and UK and is a member of the Brussels Bar. Dave has practiced in London and Brussels in the EU and international competition law field for over 15 years. His practice focuses on EU and international merger, cartel and abuse of dominance cases. He also advises on EU regulatory law, transport law and on communications and public affairs strategies. In the area of merger control, Dave regularly represents global corporations on international transactions before the European Commission and national antitrust and sectoral regulators around the world. He specialises in handling complex multijurisdictional merger reviews and has led and coordinated filings and reviews in most major jurisdictions with merger control regimes. In the area of cartels, Dave has extensive experience representing companies involved in cartel proceedings before the European Commission and other antitrust agencies. He has advised clients in relation to a number of the largest international cartel cases in the chemical, energy, mining and hi-tech sectors. In the area of dominance and monopolies, Dave advises multinational companies on pricing and behavioural compliance issues as well as parties damaged by non-compliance. Dave has represented clients in many sectors in connection with complaints to and investigations by European regulators on abuse of dominance issues. He has recently advised clients on major international cases in the technology and audit sectors before antitrust authorities in Europe, the US and Brazil.

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Jiří Kindl

Lawyer; Weil, Gotshal & Manges

Jiří Kindl works for the law firm WEIL, GOTSHAL & MANGES s.r.o., where he is focused on the protection of competition. He graduated summa cum laude at the Law Faculty of Charles University in Prague. He also studied law at the University of Limerick in Ireland and the Magister Juris postgraduate course at the Faculty of Law, University of Oxford (University College), where he received the Medal (Distinction) and the Clifford Chance Prize (Best Student of the Year in the Magister Juris program), Winter Williams Prize (Best Student in the subject of the European Business Regulation), and Monckton Chambers Prize (Best Student in the subject of Competition Law). He co-authored the publications Competition Law (Prague: C.H.Beck, 2006; 2012) and Act on the Protection of Competition, Commentary (Prague: C.H.Beck, 2007, 2010). He is also the author of a specialized monograph Cartel and Distribution Agreements (Prague: C.H.Beck, 2009). His articles on the subject of the protection of competition are on a regular basis published in the Czech Republic and abroad. He externally teaches the competition law at the Faculty of Law at the Charles University in Prague. He is regularly mentioned among the recommended lawyers in the area of competition in the Czech Republic in all relevant reference publications (Chambers EuropePLC Which Lawyer? – Cross border competition, IFLR Guide – World's leading competition & antitrust lawyers, Best lawyers, etc.).

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Rainer Lindberg

Head of International Affairs; Finnish Competition and Consumer Authority (FCCA), Competition Division

Rainer Lindberg has completed M.Sc degree in Economics from the University of Helsinki, Finland and MA (Competition Law) from King’s College London. Before employed by Finnish Competition Authority (FCA), he worked as a private consultant (related especially banking competition). Several positions at the Finnish Competition Authority (case handler/researcher 1995-2000, head of cartels unit 2003-2007, head of international affairs 2000-2003 and again since 2007). Has represented the Finnish Government and Finnish Competition Authority in EU, OECD, ICN and other international working groups (eg. relating to EU vertical restraints block exemption, and Council Reg 1/2003 ). Expert panelist and lecturer in various OECD’s Competition Capacity Building Programmes 2000-2013. Country Examiner in OECD Country Reviews of Competition Policy. Ad hoc FCA representative in the Finnish Parliament Economic Subcommittee (hearings in antitrust matters). Current Finnish representative in the European Competition Network Plenum. FCCA representative in Finland’s delegation for the EU Council WG on Damages Directive as of July 2013. Latest peer-reviewed publication: Buying Exclusion in EU Competition Rules—Assessing Reasons and Consequences, European Competition Journal, December 2011.

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Martin Nedelka

Lawyer; Nedelka Kubáč advokáti

Martin Nedelka acts as a lawyer and a partner in Prague and Bratislava office of a law firm Nedelka Kubáč advokáti which provides specialized legal advice in the areas of Czech, Slovak and EU law: competition law, regulatory matters, public procurement and compliance. Mr Nedelka studied law at the Universities of Prague, Regensburg and Dublin. He is a member of Czech Bar Association, Slovak Bar Association and Brussels Bar Association. He is a member of the editorial board of the competition review Antitrust.

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PANEL II: PETROL AND MOTOR FUEL MARKETS

 

Marek Smysl

Economist; Office for the Protection of Competition

Marek Smysl has been working for the Office for the Protection of Competition since 2010, since 2012 as an economist in the Competition Section. He graduated at the Faculty of Business Administration, Silesian University in Opava. As part of his postgraduate studies he worked as a lecturer in the Department of Economics focused on competition issues from the perspective of economic theories. Mr Smysl studied also at the Oulu University of Applied Science, Finland.

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Ruslan Biktimirov

Russian Competition Authority

Ruslan Biktimirov graduated from Academy of Public Administration and obtained a diploma in Public Management in 2008. From 2008 to 2009 he worked as a Director of the Onur+Ltd. Branch at Ufa city. Afterwards, he has acted as a Chief Specialist-expert of the Tatarstan Regional Office of the Fas Russia for one year and from 2010 to 2012 he worked as a Deputy Head of the Pension Fund Office in the Kirov, district of Kazan. He has been working as a Deputy Head of the Tatarstan Regional Office of the FAS Russia since 2012.

 In charge of control over compliance with the antimonopoly legislation in products markets as oil and oil products, goods markets, energy markets. Participate in the review of cases of abuse of dominance position, including setting monopolistically high prices. In charge of investigation of cartels in Tatarstan Republic. Represent the interests of the Tatarstan office of the FAS Russia during the review of the cases related to the violation of the antimonopoly legislation by economic courts.

The advocacy of competition and the leveling up of the legal culture of the participants in market relations is being done. In particular, the above work is being conducted by participating in conferences and seminars devoted to the implementation of the antimonopoly legislation.

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Sandro Gleave

German Competition Authority

Sandro Gleave is Head of the Market Transparency Unit Fuels at the Bundeskartellamt. He is also Rapporteur in the 8th decision division dealing with oil markets. Sandro Gleave studied Mathematics and Economics and joined the Bundeskartellamt in 2002.

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Natalie Harsdorf-Enderndorf

Austrian Competition Authority

Natalie Harsdorf has been a case handler at the Austrian Competition Authority since September 2009. She is currently responsible for cartel investigations as well as European and International affairs. After finishing her studies of law in Vienna and in Dublin she specialized in European Law at the College of Europe in Bruges where she graduated with honors. Internships at the General Court in Luxembourg and at the Directorate of Competition in Brussels rounded up her professional experience in the application of European Competition Law. Natalie Harsdorf is currently enrolled for a Doctorate at the University of Vienna in the field of Competition Procedure.

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PANEL III: BID RIGGING

 

Igor Pospíšil

Lawyer; Office for the Protection of Competition

Igor Pospíšil completed his studies at the Masaryk University Brno, Law Faculty in 2001. Since 2001 he has been working as a lawyer at the Office for the Protection of Competition. From 2005 to 2008 he held the position of Head of the Working Group for Liberal Professions, and in years 2006 and 2007 he was Director of Department of Manufacturing and Retail. Since 2007 he has been working as Director of the Cartel Department. In between 2004 and 2007 he was also acting as lector of Administration-procedural law, registered by the Ministry of the Interior. He participated as an author of several documents issued by the Office for the Protection of Competition and as a speaker in different conferences and seminars in the area of competition law.

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Antonio Capobianco

OECD Competition Committee

Antonio Capobianco is responsible for the proceedings of the Working Party No. 3 of the OECD Competition Committee which focuses on International Co-operation and Antitrust Law Enforcement. In this position, Mr Capobianco was responsible for a series of projects and work streams, including the development of the 2009 Guidelines for Fighting Bid Rigging in Public Procurement and the related OECD Council Recommendation of 2012, the work on transparency and procedural fairness, SOEs and competitive neutrality, and most recently he has been leading the work on international enforcement co-operation. He has authored numerous Background Notes of the Secretariat on a variety of competition law enforcement and policy topics.

Prior to joining the OECD, Mr Capobianco was a Counsel in the Competition Department of WilmerHale LLP, based in Brussels. He also spent three years with the Italian Competition Authority. Mr Capobianco authored several articles on antitrust issues published on major international law journals specialized in competition law and he co-authored textbooks on Italian and European competition law and economics. He regularly speaks at international conferences on antitrust and regulation issues. Mr. Capobianco graduated in law at the L.U.I.S.S. - Guido Carli in Rome and holds LL.M. degrees from the Law School of the New York University and from the Institute of European Studies of the Université Libre de Bruxelles.

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Aleksandra Hoffmann

Polish Competition Authority

Expert in the International Relations and Communication Department of the Polish Office of Competition and Consumer Protection. Graduate of the Faculty of Law and Administration of the University of Gdańsk. Russian-Polish sworn translator.

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Una Johannsdottir

Swedish Competition Authority

Una Johannsdottir, LL.M, is a case officer in the Swedish Competition Authority´s Competition Unit 1, which has the primary responsibility for, inter alia, cartel enforcement, leniency and dawn raids. She is also the Swedish Competition Authority´s General Contact Point for the European Competition Network and coordinates the work of the Authority within the network.

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