Cornerstone Research
The Competition Collective Actions Forum 2024 - 2nd Annual
The only Forum dedicated to UK ‘Collective’ Competition Litigation
In-person | 6th June 2024 | Central London
Complimentary attendance for In-House Counsel
Agenda
Registration
08:45
Chairperson’s Welcome
09:15
Boris Bronfentrinker, Partner
Willkie Farr & Gallagher
Keynote Presentation from the CAT: The Competition Collective Action Landscape
09:25
Justice Marcus Smith, President
Competition Appeal Tribunal
Highlighting Key Collective Decisions and Procedural Innovations Over the Last Year
10:00
- Assessing the UK’s Competition Collective Action Regime and where further development are expected and needed
- An overview of the cases before the CAT and Court of Appeal: key decisions
- The interplay between collective and B2B disputes
- An overview of recent CPO applications outside of the traditional competition claims
- A look at Collective Actions at the trial stage
- Other procedural innovations
Sarah Houghton, Partner
Mishcon de Reya
Networking & Refreshment Break
10:35
Discussing Defendant and Claimant Perspectives on Certification, Strike Out and Carriage Disputes
10:55
This session will be split into 3 parts, part 1 will be 10 minutes for the claimant lawyer to present the landscape from their perspective, part 2 will allow the same for the defendant lawyer, and part 3 will bring them together with the other speakers for a panel discussion.
- When is the appropriate time for carriage risk decisions to be made and key battle grounds in carriage disputes
- Funding strategies post-PACCAR and managing one-sided disclosure
- The place of disclosure in proceedings
- Discussions on Class definition
- Lessons learned and developments in certification
- Strategic lessons learned in structuring class action cases
Kim Dietzel, Partner
Herbert Smith Freehills
Aqeel Kadri, Partner
Hausfeld
Liza Lovdahl Gormsen, Class Representative and Director Competition Law Forum
BIICL
Sam Williams, Director
Economic Insight
Exploring Strategies for Multi-Jurisdictional Action and an Overview of European Collective Regimes
11:45
- Developments in cross border / EU wide class actions
- Updates on the implementation of the EU Representative Action Directive
- Challenges and opportunities of multi-jurisdictional issues action
Stijn Huijts, Partner
Geradin Partners
Networking & Lunch Break
12:30
Examining the Role of Experts at Trial and Claim Valuations
13:30
- Access to witness and documentary evidence and the interplay with expert analysis
- The effect of limited and expert driven disclosure in the CAT
- The interplay between large number of individual claims and a downstream/upstream collective claim
- Impact of recent judgments assessing expert evidence in competition claims
Edward Coulson, Partner
BCLP
Liam Colley, Senior Vice President
Cornerstone Research
Iona McCall, Partner & Managing Director
AlixPartners
Navigating Post Certification to Trial and Settlement
14:15
- What can be taken from the CAT’s approval of the Mclaren settlement for collective actions more generally?
- The role of the opinion in supporting the settlement
- Issues for defendants in contribution and ensuring no over-compensation where a co-defendant settles
- How settlements by individual claims impact class settlement
- What use can evidence from a settled individual claim be used in the collective action?
- The CAT’s interest in economic assessment of the settlement and economists assistance in settlement approval
- The role of funders in the settlement process
Belinda Hollway, Partner
Scott+Scott
Cormac O’Daly, Partner
WilmerHale
Irena Apostopoulos, Senior Competition Lawyer
BT Group
Networking & Refreshment Break
15:00
What Constitutes Best Practice for Distribution and Communication with the Class?
15:20
- Effective distribution plans following judgement /settlement
- Defendant communications with the class through all stages of claims. Including latest court decisions on the issue
- Challenges and concerns for class communication at the distribution stage
Justin Le Patourel,
Class Representative & Regulatory Consultant
Anna Morfey, Partner
Ashurst
Aideen Gaffney, Vice President, Class Action and Mass Tort Solutions
Epiq (US)
Paul Stuart, Partner
Cleary Gottlieb
Claire Van der Zant, Director of Strategic Partnerships
Shieldpay
Uncovering the Way Forward for the UK Collective Action Regime
16:05
- Potential expansion of the CAT’s role in general mass claims
- DMCC and the future of consumer claims
- Interplay with data and ESG claims
- Meta data collection action and scope for more data “competition” claims
- Key developments in Representative Actions in the UK and worldwide
Satyen Dhana, Partner
Simmons & Simmons
Elena Rey, Partner
Brown Rudnick
Chairperson’s Closing Remarks: Where Next for the Competition Collective Actions
16:50
Boris Bronfentrinker, Partner
Willkie Farr & Gallagher
Close of Conference
17:00
Drinks Reception
17:00
Justice Marcus Smith - President - Competition Appeal Tribunal
- Assessing the UK’s Competition Collective Action Regime and where further development are expected and needed
- An overview of the cases before the CAT and Court of Appeal: key decisions
- The interplay between collective and B2B disputes
- An overview of recent CPO applications outside of the traditional competition claims
- A look at Collective Actions at the trial stage
- Other procedural innovations
This session will be split into 3 parts, part 1 will be 10 minutes for the claimant lawyer to present the landscape from their perspective, part 2 will allow the same for the defendant lawyer, and part 3 will bring them together with the other speakers for a panel discussion.
- When is the appropriate time for carriage risk decisions to be made and key battle grounds in carriage disputes
- Funding strategies post-PACCAR and managing one-sided disclosure
- The place of disclosure in proceedings
- Discussions on Class definition
- Lessons learned and developments in certification
- Strategic lessons learned in structuring class action cases
Aqeel Kadri - Partner - Hausfeld
Liza Lovdahl Gormsen - Class Representative and Director Competition Law Forum - BIICL
Sam Williams - Director - Economic Insight
- Developments in cross border / EU wide class actions
- Updates on the implementation of the EU Representative Action Directive
- Challenges and opportunities of multi-jurisdictional issues action
- Access to witness and documentary evidence and the interplay with expert analysis
- The effect of limited and expert driven disclosure in the CAT
- The interplay between large number of individual claims and a downstream/upstream collective claim
- Impact of recent judgments assessing expert evidence in competition claims
Liam Colley - Senior Vice President - Cornerstone Research
Iona McCall - Partner & Managing Director - AlixPartners
- What can be taken from the CAT’s approval of the Mclaren settlement for collective actions more generally?
- The role of the opinion in supporting the settlement
- Issues for defendants in contribution and ensuring no over-compensation where a co-defendant settles
- How settlements by individual claims impact class settlement
- What use can evidence from a settled individual claim be used in the collective action?
- The CAT’s interest in economic assessment of the settlement and economists assistance in settlement approval
- The role of funders in the settlement process
Cormac O’Daly - Partner - WilmerHale
Irena Apostopoulos - Senior Competition Lawyer - BT Group
- Effective distribution plans following judgement /settlement
- Defendant communications with the class through all stages of claims. Including latest court decisions on the issue
- Challenges and concerns for class communication at the distribution stage
Anna Morfey - Partner - Ashurst
Aideen Gaffney - Vice President, Class Action and Mass Tort Solutions - Epiq (US)
Paul Stuart - Partner - Cleary Gottlieb
Claire Van der Zant - Director of Strategic Partnerships - Shieldpay
- Potential expansion of the CAT’s role in general mass claims
- DMCC and the future of consumer claims
- Interplay with data and ESG claims
- Meta data collection action and scope for more data “competition” claims
- Key developments in Representative Actions in the UK and worldwide
Elena Rey - Partner - Brown Rudnick
Boris Bronfentrinker - Partner - Willkie Farr & Gallagher
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