100
8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair Speakers 09.00 Registration with Tea/Coffee 09.30 Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger control dealt with the recession? (counterfactual/flailing firm/failing firm). - The Institutions - joint work, evolution of the system? - Exceptions to the duty to refer. Is the balance right? - De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance? - Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first? Matthew Readings, Shearman & Sterling LLP Diana Guy, Competition Commission Johannes Luebking, European Commission Alistair Lindsay, Monckton Chambers Nick Scola, Office of Fair Trading

8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 2: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 3: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 4: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 5: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 6: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 7: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 8: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 9: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 10: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 11: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 12: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 13: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 14: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 15: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 16: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 17: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 18: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 19: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 20: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 21: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 22: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 23: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 24: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 25: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 26: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 27: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 28: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 29: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 30: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 31: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 32: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 33: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 34: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 35: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 36: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 37: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 38: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 39: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 40: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 41: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 42: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 43: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 44: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 45: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 46: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 47: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 48: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 49: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 50: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 51: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 52: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 53: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 54: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 55: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 56: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 57: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 58: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 59: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 60: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 61: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 62: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 63: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 64: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 65: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 66: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 67: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 68: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 69: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 70: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 71: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 72: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 73: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 74: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 75: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 76: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 77: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 78: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 79: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 80: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 81: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 82: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 83: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 84: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 85: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 86: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 87: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 88: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 89: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 90: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 91: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 92: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 93: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 94: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 95: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 96: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 97: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 98: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception

Page 99: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

8th Annual Merger Conference

26th November 2009 The Law Society, 113 Chancery Lane,

London, WC2A 1PL

Sponsored by

Programme

Time

Title

Chair

Speakers

09.00

Registration with Tea/Coffee

09.30

Merger policy in a recession and recovery – spotlight on the UK - HBOS to HMV - how has UK merger

control dealt with the recession? (counterfactual/flailing firm/failing firm).

- The Institutions - joint work, evolution of the system?

- Exceptions to the duty to refer. Is the balance right?

- De minimis: How much does it add to the cases that matter? What does the OFT's decisional practice now offer in terms of practical guidance?

- Update on Upfronts: Practical implications in a voluntary system? Should parties now consider fixing it first?

Matthew Readings,

Shearman & Sterling LLP

Diana Guy,

Competition Commission Johannes Luebking,

European Commission Alistair Lindsay,

Monckton Chambers Nick Scola,

Office of Fair Trading

Page 100: 8th Annual Merger Conference - BIICL...8th Annual Merger Conference 26th November 2009 The Law Society, 113 Chancery Lane, London, WC2A 1PL Sponsored by Programme Time Title Chair

11.00

Tea & Coffee Break

11.30

How healthy is our understanding of ‘closeness of competition’? - Whole Foods/Wild Oats versus Nuts, Seeds and Fruits (Holland & Barrett/Julian Graves): - What does closeness of competition

mean? - What is the role of market definition in

mergers with differentiated products? - Is it ever appropriate to make Phase I

presumptions based on margins and diversion ratios?

- Do we give enough credit to supply side responses? Application to retail mergers: local vs national markets

Dr Philip Marsden,

Director, Competition Law Forum, British Institute of International and Comparative Law

Miguel de la Mano,

European Commission Dr Amelia Fletcher

Office of Fair Trading Simon Bishop,

RBB Economics

13.00

Lunch

14.00

Coordinated effects on the rise? Yeast mergers (ABF/GBI) - How reliably can we identify existing

coordination – and where should the burden lie?

- When do mergers strengthen or weaken existing coordination?

- To what extent can we move beyond the “collusion check-list”?

Derek Ridyard,

RBB Economics

Hans Juergen Meyer-Lindemann,

Shearman & Sterling LLP Miguel de la Mano,

European Commission Alison Oldale,

Competition Commission

15.15

Special topic: EU Merger Control Five Years After The Introduction Of The SIEC Test: What Explains the Drop in Enforcement Activity?

Kay Parplies,

European Commission

16.00

Reception