2006 ANNUAL FALL CONFERENCE ON COMPETITION LAW
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1 2901_Fre_00.qxp 6/17/2006 9:30 AM Page 1 cba.org 2006 ANNUAL FALL CONFERENCE ON COMPETITION LAW Presented by the Canadian Bar Association s National Competition Law Section and the Continuing Legal Education Committee September 28-29, 2006 Hilton Lac Leamy, Ottawa/Gatineau This is Canada s Premier Competition Law Conference Please join us at the CBA Competition Law Section s 2006 Annual Fall Conference on Competition Law. Highlights of the conference include a multinational hostile takeover in action involving Canadian, US, European and in-house counsel from the buyer and target companies and representatives from the Competition Bureau, a moot court on the constitutionality of AMPs, a debate regarding abuse of dominance conducted entirely in French (with simultaneous translation), and a special 20 Years in Review session featuring former Directors of Investigation and Research. You will be able to choose from a variety of information-packed sessions, on such topics as: hot topics in mergers; in-house roundtable - state of the art compliance programs; the regulated conduct defense; Tribunal practice and the new rules; new developments in marketing/advertising law; responding to Section 11 orders and other production requests; and the art of obtaining immunity in criminal cases. The conference also features an address from the Commissioner of Competition, Sheridan Scott, as well as a dinner address by Terry Calvani, former Commissioner of the U.S. FTC as well as a member of the Irish Competition Authority. We look forward to seeing you there. Sponsors: WHO SHOULD ATTEND? Business persons, economists, legal practitioners and corporate counsel with an interest in competition law and policy, general counsel and business law lawyers, franchise specialists, international trade practitioners, civil and criminal litigators, intellectual property lawyers and agents, media and communications law practitioners, advertising industry experts and government representatives. For further information and/or to obtain a complete brochure and registration form, please contact Carole Roussel at the CBA National Office or by at caroler@cba.org. This program has been accredited by the Corporate & Commercial Law Specialty Committee of the Law Society of Upper Canada for 10 hours towards the professional development requirement for certification
2 2901_Fre_00.qxp 6/17/2006 9:30 AM Page 2 Program Agenda THURSDAY, September 28, :30 10:00 REGISTRATION 10:00 10:05 WELCOME & INTRODUCTION Susan M. Hutton, 2006 Conference Chair, Stikeman Elliott LLP James Musgrove, Section Chair, Lang Michener LLP 10:05 11:30 PLENARY: 20 YEARS IN REVIEW Moderator: Don Affleck, Affleck Greene Orr LLP Speakers: Lawson A.W. Hunter, Q.C., Bell Canada Enterprises Inc. Calvin S. Goldman, Q.C., Blake, Cassels & Graydon LLP Howard I. Wetston, Q.C., Ontario Energy Board George N. Addy, Davies, Ward, Phillips & Vineberg LLP 11:30 12:45 NATIONAL COMPETITION LAW SECTION COMMITTEE MEETINGS Economics and Law Committee The Year in Review: Economics at the Competition Bureau 2006 Speakers: Alan Gunderson, Competition Bureau Tim Brennan, T.D. MacDonald Chair in Industrial Economics, Competition Bureau Marketing Practices/Legislation and Policy Committees Informal Discussion with Fair Business Practices Branch Officials Chairs: Daniel Edmondstone, Lang Michener LLP Adam Fanaki, Borden Ladner Gervais LLP Vice-Chairs: Angela Di Padova, Fasken Martineau DuMoulin LLP Janet Bolton, Osler, Hoskin & Harcourt LLP Mergers Committee Roundtable with the Mergers Branch Moderators: Jay Holsten, Torys LLP Omar Wakil, McMillan Binch Mendelsohn LLP Speakers: Gaston Jorré, Competition Bureau Robert Lancop, Competition Bureau Ann Wallwork, Competition Bureau Melanie Aitken, Competition Bureau FIRC/International Competition & Trade Law Committee Foreign Investment Review in a Globalizing World US and Canadian Perspectives Moderators: D. Jeffrey Brown, Stikeman Elliott LLP Julie Soloway, Blake, Cassels & Graydon LLP Speakers: Tom McGrath, Linklaters LLP Robert Schlossberg, Freshfields Bruckhaus Deringer LLP Barry Campbell (former Member of Parliament), Campbell Strategies Recent examples like Minmetals attempted acquisition of Noranda in Canada, and Dubai Ports World s acquisition of P&O in the United States, will be considered (Messrs. McGrath and Schlossberg acted in the Dubai Ports/P&O transaction).
3 2901_Fre_00.qxp 6/17/2006 9:30 AM Page 3 Criminal Matters Committee Internal Investigations: Best Practices from the Pros Moderator: D. Martin Low, McMillan Binch Mendelsohn LLP Speakers: Subrata Bhattacharjee, Heenan Blaikie LLP Antoinette Bozac, Unisource Canada, Inc. Michael Egge, Latham & Watkins Steve Peters, Competition Bureau This program will outline best practices in the conduct of internal investigations from a Canadian perspective, including practical issues associated with such investigations; how to effectively conduct witness interviews; privilege issues; electronic production; and cross-border observations. Enforcement Practices & Procedures/Reviewable Matters & Private Actions Committees The Cutting Edge of Private Enforcement: Options and Consequences Chairs: Sandra Forbes, Davies, Ward, Phillips & Vineberg LLP Donald Houston, Fraser Milner Casgrain LLP Vice-Chairs: Peter Glossop, Osler, Hoskin & Harcourt LLP Michael Osborne, Affleck Greene Orr LLP 12:45 2:15 LUNCH ADDRESS BY COMMISSIONER OF COMPETITION Sheridan Scott, Commissioner of Competition 2:15 3:45 CONCURRENT SESSIONS Session I Session II Session III Moot Court: Legality/Constitutionality of AMPS Judges: Professor Errol Mendes, University of Ottawa John Rook, Bennett Jones LLP Professor Ken Jull, University of Toronto & Osgoode Hall Law School Appellants: John Laskin, Torys LLP Kent Thomson, Davies, Ward, Phillips & Vineberg LLP Respondents: Rob Russell, Borden Ladner Gervais LLP Glenn Hainey, Gowling Lafleur Henderson LLP The Real Criminal Procedure: The Art of Obtaining Immunity Moderator: Randy Hughes, Fraser Milner Casgrain LLP Speakers: Denyse MacKenzie, Competition Bureau Katherine L. Kay, Stikeman Elliott LLP Terry Calvani, Freshfields Bruckhaus Deringer LLP In-House Roundtable State of the Art Compliance Programs Moderator: Neil Campbell, McMillan Binch Mendelsohn LLP Speakers: Jason Gudofsky, Blake, Cassels & Graydon LLP Frank Monteleone, Pfizer Canada Inc. Judith McKay, DuPont Canada Inc. 3:45 4:00 REFRESHMENT BREAK
4 2901_Fre_00.qxp 6/17/2006 9:30 AM Page 4 Program Agenda 4:00 5:30 CONCURRENT SESSIONS Session I Session II Session III Hot Topics in Mergers Moderator: Michelle Lally, Osler, Hoskin & Harcourt LLP Speakers: Melanie Aitken, Competition Bureau Oliver Borgers, McCarthy Tétrault LLP Michael Rowe, Slaughter and May Swimming in a Sea of Production - Responding to Section 11 Orders, Second Requests, Search Warrants and Inventive Class Action Plaintiffs Moderator: Shawn Neylan, Stikeman Elliott LLP Speakers: Linda Plumpton, Torys LLP Chris Hersh, Cassels Brock & Blackwell LLP Mark Nelson, Cleary, Gottlieb, Steen & Hamilton LLP Regulated Conduct Defence Moderator: Barry Zalmanowitz, Fraser Milner Casgrain LLP Speakers: Randall J. Hofley, Competition Bureau Janet Bolton, Osler, Hoskin & Harcourt LLP Lorne Salzman, McCarthy Tétrault LLP 5:30 7:00 COCKTAIL RECEPTION SPONSORED BY CRA INTERNATIONAL 7:00 DINNER (FOR TICKET HOLDERS ONLY) Speaker: Terry Calvani, Freshfields Bruckhaus Deringer LLP (former Commissioner of the U.S. PTC as well as a member of the Irish Competition Authority) FRIDAY, September 29 th, 2006 ull-day CLE course contains approximately 11.5 hours of substantive programming. 8:00 9:00 CONTINENTAL BREAKFAST 9:00 10:30 COMMISSIONER S PANEL Moderator: Sheridan Scott, Commissioner of Competition Speakers: Phillip Collins, Chairman, UK Office of Fair Trading John Martin, Commissioner Australian Competition and Consumer Commission Senior Official from the European Commission Senior Official from the Administrative Council for Economic Defence (Brazil) 10:30 11:00 EXTENDED REFRESHMENT BREAK (for hotel check-out) 11:00 12:30 CONCURRENT SESSIONS Session I Tribunal Practice & the New Rules Moderator: Adam Fanaki, Borden Ladner Gervais LLP Speakers: Don Houston, Fraser Milner Casgrain LLP Josephine Palumbo, Department of Justice Mr. Justice Pierre Blais, Competition Tribunal
5 2901_Fre_00.qxp 6/17/2006 9:30 AM Page 5 Session II Session III Abuse of Dominance: Does Big = Bad? (French with simultaneous translation) Moderator: Milos Barutciski, Davies, Ward, Phillips & Vineberg LLP Speakers: Madeleine Dussault, Competition Bureau Yves Comtois, McCarthy Tétrault LLP Hugues Calvet, Bredin Prat New Developments in Marketing/Advertising Law Moderator: Crystal Witterick, Blake, Cassels & Graydon LLP Speakers: Andrea Rosen, Competition Bureau Don Mercer, Competition Bureau Paul Feuer, Ogilvy Renault LLP Daniel Edmondstone, Lang Michener LLP 12:30 1:30 LUNCH Presentation of the James H. Bocking Memorial Award 1:30 3:00 PLENARY PANEL DISCUSSION - A MULTINATIONAL HOSTILE TAKEOVER IN ACTION Moderator: Paul Collins, Stikeman Elliott LLP Speakers: Target: Canadian Counsel: Denis Gascon, Ogilvy Renault LLP U.S. Counsel: Ilene Gotts, Wachtell, Lipton, Rosen & Katz European Counsel: Gavin Robert, Linklaters LLP In-House Counsel: Dominique Hooreman, Lafarge S.A. Competition Bureau: Duane Schippers, Department of Justice Robert Lancop, Competition Bureau Buyer: Canadian Counsel: Anthony Baldanza, Fasken Martineau DuMoulin LLP U.S. Counsel: Mark Leddy, Cleary, Gottlieb, Steen & Hamilton LLP European Counsel: Rachel Brandenburger, Freshfields Bruckhaus Deringer LLP In-House Counsel: Anne Riley, Shell International Limited 3:00 CLOSING REMARKS Susan M. Hutton, 2006 Conference Chair, Stikeman Elliott LLP James Musgrove, Section Chair, Lang Michener LLP REMINDER Shuttle bus leaves for the airport at 3:30 p.m. Please reserve your seat see registration form for details
6 2901_Eng_01.qxp 6/19/2006 2:49 PM Page 6 REGISTRATION FORM ACCOMMODATION Hilton Lac Lemay 1 Casino Boulevard, Gatineau, QC Tel.: (819) Website: HOTEL RESERVATION Please contact the hotel directly and refer to the CBA Competition Law Conference to obtain the preferred rate. The special room rate is available until August 28th TRAVEL Air Canada is the official carrier for all our CBA meetings. For travel assistance, please call the CBA s travel agent, Algonquin Travel at or Air Canada at , and quote CBA Account # CV By ensuring that this Special CBA Account Number appears on your ticket, regardless of the fare purchased, you will help support your organization financially, and we thank you. CAR RENTAL AVIS, the official rental car supplier of the CBA, offers several special rates. Call or visit to reserve your car. You must quote discount number C TO REGISTER BY MAIL: Send cheque or money order made payable to the Canadian Bar Association or pay by credit card (Visa or MasterCard) together with this registration form to: Carole Roussel, CLE Program Coordinator, Canadian Bar Association 865 Carling Avenue, Suite 500, Ottawa, Ontario K1S 5S8 or BY FAX at REGISTRATION AND PAYMENT MUST BE RECEIVED PRIOR TO THE ACTUAL CONFERENCE REFUND POLICY: There will be a 20% administrative charge for any cancellation received in writing prior to August 28, No refund will be given after August 28, There will be no refunds for "no-show" registrants. The program material will be shipped to registrants unable to attend the program. INFORMATION For further information about this programme, please contact Carole Roussel at the CBA National Office by telephone at or or by caroler@cba.org ANNUAL FALL COMPETITION LAW CONFERENCE REGISTRATION WILL INCLUDE COURSE MATERIALS ON CD ROM FEE GST(6%) TOTAL* CBA Members $ $34.50 $ Students (CBA Members) $ $18.00 $ Non-Members $ $43.80 $ Competition Bureau (contact Steve Peters) Yes, I will be attending the optional dinner for an additional fee of $ applicable taxes. Tickets must be purchased ahead of time and are nonrefundable. Yes, I will be taking the 3:30pm shuttle bus to the airport *Québec residents, please add the TVQ of 7.5% CBA Membership No. Mr. Ms. Surname Firm or Organization Address Given Name City Province Postal Code Office Phone No. Fax No. Please indicate special needs (dietary, wheelchair access, etc.) Method of Payment (payment due with registration application) Cheque Visa MasterCard We encourage limited use of scented product during the conference in consideration of scent-sensitive participants. Thank you. Card No. Authorized Signature Expiry Date For updates please visit our web-site at PERSONAL INFORMATION CONSENT The CBA s programs are supported by preferred suppliers, sponsors and exhibitors. Subject to the following paragraph, I understand that the provision of contact information on this form constitutes my consent to such information being disclosed to the preferred suppliers, sponsors and exhibitors of this program. For further information about the CBA s treatment of personal information, see members Privacy Policy at By checking this box, I do not wish my contact information disclosed to the preferred suppliers, sponsors and exhibitors of this program. I understand my name will not appear on the delegates list.
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