This week we kicked off our Annual Compliance Conference with key antitrust compliance topics that are impacting businesses today. Specifically, we discussed antitrust risk and enforcement in relation to vertical agreements, and how to manage compliance risk in the context of transactions.
Antitrust enforcement – verticals: the rocky road to market
Tuesday 30 April
SPEAKERS: Mara Ghiorghies (Partner, London), Laura Liu (Partner, Beijing), Lena Sersiron (Partner, Paris), Katharina Spenner (Partner, Munich), Roma McCool (Associate, Brussels)
Vertical agreements have been a key area of focus for antitrust authorities around the world in recent years. In this session our speakers discussed recent trends in enforcement in the EU, UK and beyond.
This session examined the treatment of resale price maintenance as well as resale restrictions (territorial and customer) in different jurisdictions. The panel also discussed a the impact of Brexit and how competition authorities in the EU and UK are approaching this area.
We also considered some key cases relating to online sales restrictions, highlighting current trends and warnings to businesses, as well as discussing the rise in public and private litigation. In the UK, class action and standalone litigation relating to vertical agreements are an increasing threat to businesses.
Finally, the speakers gave some practical tips for mitigating risk. These include ensuring businesses have a robust competition compliance policy that covers vertical restrictions, particularly in high risk industries. Businesses may also consider providing tailored training to sales and marketing teams on vertical restrictions, including case studies and specific examples.
You can access the webinar recording here.
Managing compliance risks in the transactional context
Wednesday 1 May
SPEAKERS: James Robinson (Partner, London), Geoff Martin (Partner, Washington, DC), Ash Tiwari (Partner, London), Eva Warden (Senior Associate, London), and Ashley Eickhof (Senior Associate, Washington, DC)
Our speakers discussed key compliance risks arising in the context of transactions and solutions for managing and mitigating such risks.
The panel considered compliance issues and available protections at all phases of the transactional lifecycle, including pre-deal and post-closing integration phases.
The speakers discussed contractual solutions, including W&I insurance, warranties, indemnities and restructuring the terms of the deal. There was also a discussion around parental liability and successor liability for infringements committed by subsidiaries.
The session concluded with a discussion on policy mechanisms designed by various authorities to incentivise audits and self-reporting of compliance violations, in order to maximise available protections for the acquiring group.
You can access the webinar recording here.
The Annual Compliance Conference is held virtually across five weeks from 29 April – 6 June. Every year it attracts over 4,000 in-house senior legal and compliance professionals from across the world. With a speaker faculty from all regions of our global team, we will be delivering our cutting-edge insights and guidance virtually on key global compliance, investigations and ethics trends.
To register for the other sessions and to access the recordings, click here.