FBLS and the University of Glasgow Symposium on Competition law

Competition law after Brexit: divergence for differentiation or parallelism for consensus

The Franco-British Lawyers Society and the University of Glasgow have an established history of working together to put on high profile joint symposia on issues of the day. This year, they have chosen to host a Joint Symposium on the topic of Competition Law in Scotland in the post Brexit era and reflecting on global perspectives - inviting high profile academics, practitioners and enforcers to engage in a discussion on the future of competition law in Scotland, Europe and the world.

This event will be hosted at University of Glasgow and will take place 1pm-5.30pm on Monday 13 February, followed by a drinks reception for all (5.30-7pm).

Topics for discussion will include: competition law’s relevance in addressing societal questions in Scotland and the UK, as well as within the broader European context; cross-border cooperation and the relevance of UK competition law on the world stage; the future of private litigation of competition law in Scotland, learning from UK and EU experience.

The consequences of Brexit still reverberate throughout the UK. One of the fields where conventional wisdom predicted fewer challenges and smoother relations with the EU was competition, since the CMA is widely respected for its expertise and the Uk has traditionally been opposed to state subsidisation, just like the EU Commission. However the government’s combative approach to EU questions may cast doubt on this assumption. The colloquium will give an opportunity for experts of the highest standing to discuss problems and opportunities.

One example is in private litigation pursuing damages for breaches of the competition rules. There are more than 20 cases pending before the English courts, and it is routine for funding to be advanced to assist the bringing of promising litigation. Subsidisation is another area where important choices have yet to be made. Relations between Holyrood and Westminster are sensitive with respect to quite a number of topics. And does the judge on appeal decide on merits or on the basis of judicial review and mere legality?

This symposium presents an opportunity to start tackling these issues, which will become more pressing in the months and years ahead, and which have not yet received sufficient attention. By bringing experts together from both academia and practice, the symposium will encourage knowledge exchange between research and practice, providing impetus for more impactful research as well as more knowledge-based practice.

If you have any questions, please contact [email protected]

Schedule

• 12:30-13:00 Registration
• 13:00-14:00: A welcome by Sir Anton Muscatelli, Remarks by Lord Ericht, A message from Sir Marcus Smith, and welcome by Dr Magali Eben.
• 14:00-15:00 Panel 'The views of competition law across borders: Scotland and the world '
• 15:00-15:30 Coffee break
• 15:30-16:30 Panel 'Private litigation of competition law: its future and its funding'
• 16:30-17:30 Panel 'Big uncertainties and open questions'
• 17:30-19:00 Reception

Speakers

• Sir Marcus Smith (CAT, High Court (Chancery Division))
• Andrew Stewart, The Honourable Lord Ericht
• Professor Bill Kovacic (Global Competition Professor of Law and Policy, George Washington University)
• Kate Kelliher (Associate, White and Case)
• Professor Jacques Steenbergen (Former President Belgian Competition Authority, Katholieke Universiteit Leuven)
• Alec Burnside (Partner Dechert LLP (Brussels and London))
• Carol Xueref (FBLS board director (French Section); Member of the College, French Competition Authority (2006-2019))
• Professor Barry Rodger (Professor in Law, University of Strathclyde)
• Susan Dunn (Head of Litigation Funding, Harbour)
• Viktoria Tsvetanova (Dentons)
• Ian Forrester KC (Former Judge at the General Court of the European Union)
• Dr David Reader (Senior Lecturer in Competition Law, University of Glasgow)
• Dr Magali Eben (Lecturer in Competition Law, University of Glasgow, Director ASCOLA UK)