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3.8. Antimonopoly Law Enforcement in the Modern Economic Conditions

May 28 2015
10:00 - 14:30
Hall IV

Track: 3. Corporate Practice/ International Trade/ Protection of Competition

Description

Within the frameworks of the session it is supposed to discuss the existing mechanisms of the implementation of the antimonopoly policy in the current difficult economic situation in Russia and in other foreign countries. It should be also necessary to examine the peculiarities of functioning of international integration associations in current economic conditions (BRICS, EAEC etc). Within the session it is also supposed to discuss the key issues on cooperation between Competition Authorities in warning, identification and suppression of violation of the antimonopoly law infringement as well as the limits of antimonopoly prohibitions applied to economic entities activity.

Peculiarities of implementation of antimonopoly regulation to the objects of the intellectual activity.

The following questions are in the agenda:

  1. Peculiarities and major directions of the antimonopoly policy transformation in current economic conditions;
  2. Main directions for cooperation of the Competition Authorities within the frameworks of interstate cooperation and functioning of the interstate organizations;
  3. Limits for antimonopoly regulation of market economy: correlation between state and private interests;
  4. Peculiarities of antimonopoly law enforcement to subjects of exclusive rights on the results of intellectual activity;
  5. Issues devoted to damages claims caused by antimonopoly law infringements: world experience and regional peculiarities.

Participants of the session are the representatives of the Competition Authorities, as well as world leading lawyers in antimonopoly law. The participants of the session will have a chance to share their views on the most actual issues of antimonopoly regulation and will try to identify the main trends in the development and transformation of antimonopoly policy at the present stage.

Moderator

Sergey Puzyrevskiy

Head of the Legal Department, Federal Antimonopoly Service of the Russian Federation


Biography

Education, academic degree:

Lawyer. Candidate of Legal Sciences (an equivalent of PhD). In 1998, he graduated from the Moscow State Law Academy. He is qualified as a “Lawyer” specialized in “Jurisprudence”. In 1998-2001, he studied at the Graduate School of the Moscow State Law Academy, where he successfully defended his dissertation and received a Candidate degree in Legal Sciences (an equivalent of PhD).

Professional experience:

Starting from February 1998, he has been working in antimonopoly bodies. In January 2008, he was appointed as the Head of the Legal Department of the FAS Russia. Since 2013 he is a chairman of the Competition law department in the in the Moscow State Law Academy.

Specialist area, professional interests:

Competition law, legislation on advertising, employment law.

Achievements, rewards:

Rewarded with the Medal “For Merit for the Fatherland” of the 2nd grade. He is an Honored Employee of Antimonopoly Bodies. He was awarded with the Certificates of Merit of the Ministry of Antimonopoly Policy of Russia and the FAS Russia and with the Gratitude from the Federation Council of the Russian Parliament. He participated in the elaboration and adoption of the Second and Third Antimonopoly Packages as well as other regulatory acts aimed at competition development in the Russian Federation and in the Eurasian Economic Community.

Publications, scientific works:

He is a co-author of the Book on Competition Law and the one of the editors to scientific practical commentary to the Federal Law “On Competition Protection” and “On Advertising”. He published over 40 articles in the field of antimonopoly regulation, legal regulation of advertising, and employment law.

Speakers

Igor Artemiev

Head of the Federal Antimonopoly Service of the Russian Federation


Biography

Education, academic degree:

Biologist, Lawyer, Candidate of Legal Sciences (an equivalent of PhD). In 1983, he graduated from the Leningrad State University specializing in Biology, and in 1998 he graduated from the Saint-Petersburg State University specializing in Law. He holds a Candidate degree in Legal Sciences (an equivalent of a PhD).

Professional experience:

In 1990, he was elected as a Deputy of the Leningrad Council and the Chairman of the Commission for Environment and the City’s Economy.

Since 1995 – Chairman of the Commission for the City’s Economy, Chairman of the Budget’s Committee at the Legislative Assembly of Saint-Petersburg.

In 1996, he was appointed as the Vice-Governor and the Chairman of the Finances Committee of the Administration of Saint-Petersburg.

In December 1999, he became a Deputy of the State Duma of the Federal Assembly of the Russian Federation of the 3rd convocation, the Deputy Chairman of the faction “YABLOKO”, the Deputy Chairman of the Committee for Credit Organizations and Financial Markets.

Since March 10, 2004, he has been the Head of the Federal Antimonopoly Service.

Specialist area, professional interests:

Competition law, legislation on advertising, control over foreign investments, state and municipal procurement, and procurement by state companies.

Achievements, rewards:

Awarded with Order for Service for Fatherland of the 4th grade. Merited Economist of the Russian Federation.

Publications, scientific works:

Author of 43 academic articles and inventions, and 7 monographs on budgetary and economic issues, chief editor of the book “Russian Competition Law” and scientific-practical commentary to the Federal Law “On Competition Protection”.

Aleksey Dobrynin

Head of Corporate Crime Practice, Pen & Paper


Biography

Professional experience:

Attorney-at-law. Partner of Pen&Paper law firm.

Head of corporate crime practice in the firm.

In 2004 graduated from Law Department of Saint-Petersburg State University. Graduation project defended at Criminal law sub-department with theme "Hooliganism as criminal act".

Since June 2004 works in legal consulting.

Since 2008 continued professional experience in Pen&Paper law firm.

Participated in resolution of corporate disputes, caused by attempts of hostile takeovers of Saint Petersburg industrial enterprises. Acted as representative of OJSC "Ilim Group" in judicial disputes from economic, tax, administrative and corporate legal relationships.

Carried out defence of shareholders of “Lenta”, large chain of hypermarkets, in a corporate conflict with other shareholders, including one of the largest American invest funds TPG Capital and VTB bank.

Specialization, professional interests:

Specialist in criminal, criminal procedure law in the field of economic crimes investigation. Specializes in corporate law, has great experience in arbitration and civil proceedings.

Represents interests of companies on different criminal law issues, including in legal security provision for companies, resolution of disputes with regulatory and law enforcement agencies, defence from hostile takeovers, internal corporate investigations and criminal law Due diligence.

Is member of the Advisory Board of the Council of the Federation Committee of the Federal Assembly of the Russian Federation on Constitutional Legislation, Legal and Judicial Affairs, Civil Society Development.

Takes an active part in the reformation of national criminal and criminal procedure legislation.

Services, awards, achievements:

In 2015 awarded honorary diploma "For achievements made by attorney-at-law in criminal cases defence" by Saint Petersburg Chamber of lawyers. Within the framework of the pro-bono project defended interests of mother of teenager (Nikita Leontyev), murdered by the policemen in Saint Petersburg. Achieved judgement of conviction for the murderers and, in respect of Nikita Leontyev, a judgement of acquittal was passed for non-participation of the teenager in the robbery.

Publications, scientific works:

Is a co-author of a chapter in the book «International Civil Fraud», published in Great Britain in 2013. Also is a co-author of a chapter “Evolution of anti-corruption legislation and law enforcement practice: Russian experience” of the Global Legal Insights - Bribery & Corruption 2nd Edition digest.

Is an expert developer of a number of law drafts on the changing of criminal procedure law of the Russian Federation.

Nicholas Economides

Professor, New York University


Oxana Gvozdilina

Former Judge, Supreme Arbitration Court of the Russian Federation


Tatyana Kamenskaya

Managing Partner, Kameskaya & Partners Law Firm


Lars Kjolbye

Partner, Latham & Watkins LLP


Biography

Education, academic degree:

In 1990 graduated from the Aarhus University, Denmark with a degree in law.

In 1991 received an LLM at King's College London. Mr. Kjølbye is admitted to practice in Brussels and Denmark.

Professional experience:

Partner in the Brussels office of Latham & Watkins.

He served for more than ten years in various positions at the Directorate-General for Competition of the European Commission. As head of the energy antitrust unit he led the completion of the energy sector inquiry and prosecuted several major abuse of dominance cases.

He contributed extensively to the EC proposals for the third gas and electricity liberalization package and was part of the team that drafted and negotiated Regulation 1/2003 which established a new procedural framework for applying Article 101 and 102 TFEU.

He drafted the guidelines on the effect on trade concept, the guidelines on technology transfer agreements and the guidelines on the application of Article 101(3) TFEU.

He also served as a référendaire at the European Court of Justice.

He advises international companies in all areas of European Union competition law and he has assisted clients with complex antitrust proceedings before the European Commission (some of his deals are listed in section “Major projects” below).

Professional interests:

Abuse of dominance, merger clearance, cartel defense, EU State aid and regulated industries, including energy, pharmaceuticals, telecommunications.

Major projects:

Siemens in its US$7.6 billion acquisition of Dresser-Rand.

WhatsApp in the US$19 billion merger with Facebook.

Microsoft in the US$8.5 billion acquisition of Skype.

EDF in the £12.5 billion acquisition of British Energy.

Microsoft in its complaint against Motorola Mobility concerning abuse of standards-essential patents.

Microsoft in its complaint against Google regarding abusive practices in online search markets.

Microsoft in the EC investigation in relation to the alleged tying of Internet Explorer with Microsoft’s Windows Operating System.

AstraZeneca in an abuse of dominance investigation by the EC.

Czech electricity generator ČEZ in an abuse of dominance investigation by the EC into the Czech electricity market.

Major European energy companies in EC abuse of dominance and state aid investigations.

Achievements, awards:

He recognized as one of the leading lawyers in his field by Chambers, GCR’s Who’s Who Legal, IFLR 1000 and Best Lawyers in Belgium.

Chambers Global 2014 and 2015: Clients praise that Lars Kjølbye "offers a broad vision of antitrust issues which is tailored to our company's expectations." They also regard his experience of working at the regulator as a significant asset."

IFLR 1000 2013: A client praises Lars’ “exceptionally high quality” and adds that “Lars' past working as a high-ranking commission official helps, he's seen things from the other side of the table. Having counsel like this on your side is not a trivial thing.”

Publications:

Mr. Kjølbye is the author of a number of scientific articles and other publications on competition law of the European Union, as well as energy sector regulation both at the level of European Union and at the level of Member States. In particular:

Energy and restrictive practices: An overview of EU and national case law, 2014.

Faull & Nikpay, The EU Law of Competition, chapters on Article 101, energy and intellectual property, 2014.

Rebates and competition law: An overview of EU and national case law, 2012.

Claeys & Casteels, EU Competition Law and Energy Markets, chapters on Article 101, horizontal agreements and vertical agreements, 2011.

Escaping Effects Analysis: The Commission’s New Approach to Restrictions by Object, CPI, 2011.

Rebates Under Article 82 EC: Navigating Uncertain Waters, European Competition Law Review, 2010.

Article 82 EC as a Remedy to Patent System Imperfections: Fighting Fire with Fire, World Competition, 2009.

The New Commission Guidelines on Article 81(3): An Economic Approach to Article 81, ECLR, 2004.

Bukhosibakhe Majenge

Chief Legal Counsel, Competition Commission of South Africa


Sergey Maksimov

Director of the Department for Competition and Public Procurement Policy, Eurasian Economic Commission


Anna Numerova

Counsel, Law Firm "Egorov Puginsky Afanasiev & Partners"


Vitaly Pruzhansky

Principal, RBB Economics


Biography

Education, academic degree:

Holds a PhD in Economics

Professional experience:

Has many years of consulting experience and advised clients on a wide range of competition policy matters. He has worked on mergers and acquisitions raising both horizontal and vertical issues and advised companies under the European Articles 101 and 102 provisions, as well as their national analogues. His clients come from a broad range of sectors, including banking, chemicals, consumer electronics, energy, FMCG, industrial consumables, media, military equipment, pharmaceuticals and medical devices, software and transport. He also has given a number of training seminars on the application of empirical techniques and economics of competition law to the national competition authorities in Bulgaria, Romania, Russia, and Ukraine.

Prior to joining RBB Economics he worked for the leading international management consulting firm McKinsey & Company.

Publications:

He has published articles on competition policy issues and economic theory.

*This schedule may be subject to change