Irish Centre for European Law

Transcription

1 Irish Centre for European Law Trinity College, Dublin COMPETITION LAW UPDATE Friday, 6 March 2015 Distillery Building, Church Street, Dublin 7 This conference will provide participants with up-to-date analysis of developments in Article 102 TFEU and Article 106 TFEU. It will focus on an analysis of the impact of the recent Intel judgment and discuss how the ruling of the European Court of Justice in the Greek Lignite case will affect to operation of Article 106 TEFU. The first session will end with an analysis of when a public body is an undertaking. The second session will cover the question of economics evidence in the court room. Three speakers will give a short analysis of this difficult area followed by a detailed question and answer session. Chairpersons The Hon. Mr. Justice Liam McKechnie, Supreme Court, Dublin The Hon. Mr Justice Max Barrett, High Court, Dublin Speakers Dr John Temple Lang, Cleary Gottlieb, Brussels Michael M. Collins SC, 4 Arran Square, Dublin Niamh Hyland SC, Distillery Building, Dublin Maureen O Neill, Partner, Mason, Hayes and Curran, Dublin Patrick Massey, Compecon Competition Economics, Dublin 1

2 Friday, 6 th March am Registration 9.15am Welcome The Hon. Mrs Justice Fidelma Macken, Chair, ICEL 9.20am Chairperson: The Hon. Mr. Justice Liam McKechnie, Supreme Court, Dublin Chairperson s Introductory Remarks SESSION I Developments in Article 102 and Competition Law and the State 9.25am Dr John Temple Lang Cleary Gottlieb, Brussels An analysis of impact of the Intel judgment for Article 102 TFEU am Niamh Hyland SC Law Library, Dublin Legal Issues in the Application of Irish and EU competition law to State bodies (as undertakings or through Article 106 TFEU), including the Greek Lignite case am 10.40am Q&A Coffee and light refreshments 2

3 SESSION II 11.00am Economic evidence in the court room Chairperson: The Hon. Mr Justice Max Barrett, High Court Chairperson s Introductory Remarks 11.05am Michael Collins SC Law Library, Dublin The use of economic evidence in competition law cases current issues for the dismal scientist am Patrick Massey Compecon Competition Economics An economist's perspective on the role of economic analysis in competition cases. 11:50am Maureen O Neill Partner, Mason, Hayes and Curran Economic evidence in the court room back to the beginning pm Q&A and Discussion 12:30pm Conference close 3

4 Biographies Chairpersons The Hon. Mr. Justice Liam McKechnie Mr. Justice McKechnie was appointed a High Court Judge in 2000 and from 2004 until 2010 was solely in charge of the Competition List, dealing in the main, with Articles 101/102 and their domestic equivalent, as well as the Provisions on State Aid. He was appointed to the Supreme Court in June In 2010 he was also elected President of the Association of European Competition Law Judges, which represents each of the 27 Member States of the European Union, as well as Judges from the Court of Justice and the General Court of the European Union and from the EFTA Court. As a Barrister he practised in the area of Commercial, Chancery and Regulatory Law and had a special interest in Malpractice suits. He was a member of the General Bar of Ireland for several years and was elected Chairman in 1999 and re-elected Chairman in The Hon. Mr Justice Max Barrett, High Court Judge Max Barrett is a judge of the High Court of Ireland. One of the youngest appointees ever, he sits in the Commercial Court and has responsibility for the Competition Law List. As a practising solicitor, Judge Barrett's career included being General Counsel with Rabobank Ireland, Danske Bank Ireland, and Skandinaviska Enskilda Bank in Ireland. He holds a Ph.D. in European Union law and has published widely on various aspects of Irish law, particularly financial services law. Speakers Dr John Temple Lang, Cleary Gottlieb, Brussels Dr. John Temple Lang has been with Cleary Gottlieb Steen & Hamilton in Brussels since He was a Director in the Competition Directorate General of the European Commission from 1988 to 2000, and for the five years was Director responsible for telecommunications, electronics and media. From 1974 to 1988 he was in the Legal Service of the European Commission, dealing primarily with competition law, trade law, and international environmental issues. He was involved in the negotiations that led to the European Economic Area and the Vienna Convention on the ozone layer. Dr. Temple Lang is now Senior Visiting Research Fellow in the University of Oxford and a visiting Professor in Trinity College, Dublin. He has published widely on European law, including papers on high technology, joint ventures, essential facilities, regulatory laws, abuse of dominant positions, and 4

5 collective dominance. He has lectured in the USA, Canada and in many European countries, and was twice General Rapporteur at conferences of FIDE, the Fédération Internationale pour le Droit Européen. Michael M. Collins SC, 4 Arran Square, Dublin Michael is a Senior Counsel practising in the fields of commercial law, competition law, EU law, judicial review and arbitration in Dublin and London (Monckton Chambers). In 1996 he was appointed by the Irish Government as Chairman of the Competition and Mergers Review Group the majority of whose recommendations were subsequently implemented into Irish law in the Competition Act Michael appears regularly before the Irish courts and the Court of Justice of the EU. He also acts in commercial arbitrations (domestic and international). He has had appointments as arbitrator from the ICC Court of Arbitration, the London Court of International Arbitration and is one of Ireland s representatives on the ICC Commission on Arbitration. Michael was elected a Bencher of the King s Inns in 2007 and the following year was elected in the United States as a Fellow of the International Academy of Trial Lawyers of which he is now also a director. He was Chairman of the Bar Council of Ireland He has been a Visiting Lecturer in the Department of Economics at NUI (Maynooth) on Legal Aspects of Competition and Regulation in Maynooth s Master of Economic Science Programme. He is currently an Adjunct Professor of Law at UCD Law School. Niamh Hyland SC, Distillery Building, Dublin Niamh Hyland is a Senior Counsel practising in the Law Library specialising in the areas of European Union law (including public procurement, competition, healthcare, telecommunications and environmental law), commercial law, insurance law and administrative law (including regulated industries and planning). She is included in the International Who s Who of Public Procurement Lawyers for 2013 and Prior to being called to the Bar, Niamh was a Foundation Scholar of Trinity College Dublin, did a Master s Degree at Magdalen College Oxford, lectured in Trinity College in European Union law as the Jean Monnet Professor, and worked as a Referendaire at the Court of First Instance in Luxembourg and as a Euro-Jus Advisor at the European Commission Representation in Dublin. Maureen O Neill, Partner, Mason, Hayes and Curran, Dublin Maureen O Neill has extensive experience in Irish, UK and European merger control, antitrust, State aid and regulatory law and has developed particular expertise in the communications sector. She advises national and international clients across a broad spectrum of industries, as well as national and European regulators. Maureen O Neill has been involved in many high profile competition and sector investigations before the European Commission and national regulatory authorities in Ireland and the UK and before the European General Court. Maureen previously practised in another leading Irish law firm with their Competition, Regulated Markets & EU Law Group. Prior to joining Mason, Hayes and Curran she worked in Dublin, London and Brussels. 5

6 Patrick Massey, Compecon Competition Economics, Dublin Patrick Massey is an economist with 35 years experience working in both the private and public sectors in Ireland and overseas. Patrick was a member of the Competition Authority for ten years from its establishment in 1991, including four years as the Authority s Director of Competition Enforcement where he oversaw a number of investigations which resulted in court proceedings being brought by the Authority. In 2001 Patrick Massey established Compecon Limited a consulting firm based in Dublin specialising in competition and regulatory issues. He has acted as an expert witness in a number of court cases and prepared numerous submissions in relation to mergers notified to the Competition Authority. Prior to joining the Competition Authority he worked for DKM economic consultants and the New Zealand Treasury. 6