GCR Review of the Vertical Restraints Regime
Reform of the rules on distribution and other vertical agreements

Thursday 17 September 2009, Radisson SAS Royal Hotel, Brussels

In May 2010, the current Vertical Agreements Block Exemption will expire. Along with a new block exemption, a new version of the Vertical Guidelines will also enter into force. These are the competition rules which are probably of most practical importance to business on a day-today basis.

GCR has arranged this conference to examine in-depth the Commission's proposals for the new block exemption and revised Vertical Guidelines being published this summer.

Speakers include senior lawyers and economists from private practice, the European Commission, national competition authorities and industry, who will analyse the effect of the proposed changes on existing distribution arrangements:

• What are likely to be the new opportunities and where should we expect a stricter approach?
• Will there be changes in key areas such as resale price maintenance, selective distribution, parallel trade, internet selling and the distribution options of dominant firms?

As the focus of enforcement is at the national level, we will also consider the particularities of key national rules.

This conference provides a unique opportunity to learn about, debate and influence this key reform.

This conference will be of interest to:

• In-house lawyers
• Private practitioners specialising in competition law
• Consultant economists
• Enforcement agencies

08:30

Registration and coffee

09:00

Chairman's opening remarks

09:05

Setting the Scene

Overview of the current rules and their application to the main forms of distribution

• Fiona Carlin
  Partner, Baker & McKenzie

09:35

View from the Commission

• The revised Regulation and Guidelines
• Main changes

Luc Peeperkorn
Senior Administrator
DG Competition, European Commission

10:20

10.20 Discussion and Q&A

10:35

Exclusive Distribution

• How much more exclusivity will manufacturers be able to grant under the new rules? Do the new rules strike the right balance?
• Do the new rules offer more flexibility to impose active sales restrictions?
• How far can internet selling be restricted to protect an exclusive network?
• Is the protection of parallel trade still a sacred cow (Advocate General’s opinion in Glaxo Spain)?

• Frank Wijckmans
  Partner, Contrast Law
• Edvard Carleson
  Senior Vice President and General Counsel, Volvo CE

11:10

Coffee break

11:30

Selective Distribution

• What interests should selective distribution protect and where do the real dangers lie?
• How do/should trademark rights and unfair competition law fit in?
• What will the future retail landscape look like and what role will competition law play?

• Stephen Kinsella
  Partner, Sidley & Austin LLP

12:05

Are there still stricter national rules to take into account?

• The German and French approach to the unilateral conduct of non-dominant firms in distribution arrangements
• When are non-dominant suppliers unable to discriminate or to refuse to supply despite being able to do so without offending the EC rules?
• What effect does this have on the use of quantitative selective distribution and exclusive distribution?
• Have the practical risks in France been reduced after the recent reform of the French Commercial Code?

• Joseph Vogel
  Partner, Vogel & Vogel
• Markus Wirtz
  Partner, Glade Michel Wirtz

12:35

PANEL DISCUSSION AND COMMENT

• Luc Peeperkorn
  Senior Administrator
  DG Competition, European Commission
• Paul Lugard
  Head of Antitrust, Philips International B.V.
• Fabrizio Mecozzi
  Legal Counsel, Nike Europe
• Fabien Zivy
  Head of Chief of Staff of the President, Autorité de la Concurrence
• Jackie Holland
  Director of Competition Policy, Office of Fair Trading

13:10

Lunch

14:20

Resale Price Maintenance

• Will there be a sea-change in approach?
• Given the fines being routinely imposed for RPM across the EU, how will it be possible in practice to assess whether RPM could fall outside of Article 81 or qualify for exemption on an individual exemption?

• Joanna Goyder
  Barrister, Freshfields Bruckhaus Deringer LLP
• Pamela Jones Harbour
  Commissioner, Federal Trade Commission

15:00

Tea

15:15

Buyer Power and other Topical Retailer Practices

• Will there be much greater concern about practices associated with buyer power?
• What can be learnt from the supermarket inquiries in the UK and elsewhere?
• The treatment of slotting allowances and category management arrangements.

• Susan Hinchliffe
  Partner, Arnold & Porter LLP
• Adrian Majumdar
  Partner, RBB Economics

16:00

What forms of distribution may dominant suppliers use?

• Will there be a softening of approach?

• Jean Yves Art
  Director, Competition Law, Microsoft

16:25

PANEL DISCUSSION AND COMMENT

• Luc Peeperkorn
  Senior Administrator
  DG Competition, European Commission
• Paul Lugard
  Head of Antitrust, Philips International B.V.
• Fabrizio Mecozzi
  Legal Counsel, Nike Europe
• Jackie Holland
  Director of Competition Policy, Office of Fair Trading
• Fabien Zivy
  Head of Chief of Staff of the President, Autorité de la Concurrence

17:10

Close of conference