Philip Moser QC on Advisory Committee as ELI adopts Model Rules for AI decision-making

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The European Law Institute (ELI) has adopted “Model Rules on Impact Assessment of Algorithmic Decision-Making Systems Used by Public Administration.”

Philip Moser QC acted on the Advisory Committee to the Project.

The advance of automation and of artificial intelligence (AI) increasingly affects public law decision making in different legal systems. Thus, the operative decision may have been made by an algorithm, or some other form of automated decision-making, rather than a human being. Some systems also make provision for the algorithm to learn and develop. The existence of such automated systems poses novel problems for both public and private law. The ELI’s Model Rules are a suggestion for the regulation and management of AI decision-making in the legal sphere.

The Model Rules are available for free download here.

A webinar on the outcomes of the ELI project will be held on 13 April 2022 from 12:00–13:30 CET. The webinar will be open to the public and is free of charge.

Competition Collective Actions: Leveraging Canadian Legal Principles in the UK’s New Regime – Paul Harris QC to moderate

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Date: Monday, March 7, 2022 | 3:30 – 8:00 p.m. GTM
Location: One Moorgate Place, Chartered Accountants’ Hall, EC2R 6EA, London

In light of the influence that Canadian jurisprudence and practice has already had on the development of collective action jurisprudence in the UK, including in the recent decision in Merricks v. Mastercard, Paul Harris QC of Monckton Chambers and the Canadian law firm McCarthy Tétrault, have assembled a panel of Canadian leaders in class actions, including competition class actions, who will engage in a lively discussion centred on the UK’s new collective action regime. Paul will co-moderate the event with Mark Sansom of Freshfields Bruckhaus Deringer. Thomas N.T. Sutton of McCarthy Tétrault, Toronto will act as host.

The event will be an in-person presentation and fireside chat followed by a reception with light food & beverages. For further details see flyer here.

For questions about this event or additional information, please contact clientevents@mccarthy.ca.

The Third Annual UK Competition Litigation Conference 2021

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Bringing together leading competition experts from around the world, Monckton Chambers, NERA Economic Consulting, and Augusta Ventures return to co-host the Third Annual UK Competition Litigation Conference. For four sessions held over three days (7–9 December), leading competition experts will not only lead dynamic roundtable sessions but will also discuss the most important cases and developments in competition litigation this year and identify what they are watching out for in 2022.

With each session designed to address key issues, the conference will once again feature distinguished legal and economic experts and senior regulators hosting the following roundtable discussions:

  • Conference Opening, Key Cases of 2021, and a Look Forward
  • Competition Litigation Involving Big Tech
  • A Class of Its Own
  • Conference Closing Address – A Conversation with The Honourable Mr Justice Marcus Smith

 

Tuesday 7th December

15:00 – 16:45   Conference Opening, Key Cases of 2021, and a Look Forward

During this interactive session, our competition specialists will share their views on the key cases that have shaped the UK competition litigation landscape in 2021, survey an array of perspectives (from claimants, defendants, funders, experts, and direct and indirect purchasers) to pinpoint key strategic developments this year, and “look forward” and predict what we can expect in competition litigation in 2022.

Welcome:
Mark Brealey QC, Barrister, Monckton Chambers

Chair:
Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Willkie Farr
Anneli Howard QC, Barrister, Monckton Chambers
Elizabeth Jordan, Senior Counsel, Slaughter and May
Simon Latham, Investment Manager, Augusta Ventures
Grant Saggers, Director, NERA Economic Consulting

The recording is available here

 

Wednesday 8th December

14:00 – 15:30   Competition Litigation Involving Big Tech

The digital giants are increasingly facing litigation issues in the UK and Europe. These issues range from appeals against enforcement decisions to new collective actions and emerging actions around data and privacy. For the second session of our Third Annual UK Competition Litigation Conference, our panel of experts take an up-close look at some of the most significant cases of 2021 involving the world’s largest digital tech companies. Our experts will also examine claimant and defendant perspectives and explore critical conceptual issues (such as valuing damages from foreclosure or in two-sided markets) in these cases.

Chair:
Meredith Pickford QC, Barrister, Monckton Chambers

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Ronit Kreisberger QC, Barrister, Monckton Chambers
Dr Nicola Tosini, Director, NERA Economic Consulting
Steven Vaz, Partner, Ashurst

The recording is available here

16:00 – 17:30    A Class of its Own

2021 has seen a wave of collective actions in the UK, with several already certified.
In the third session of our Third Annual UK Competition Litigation Conference, our leading experts will review some of the key impacts of the influx of collective actions and ask:

              • How these cases are structured, strategized, and evidenced?
              • What the collective actions of 2021 mean for the UK as a forum?
              • What the year reveals about new types of action that touch non-traditional issues such as privacy and consumer protection?

Chair:
Kassie Smith QC, Barrister, Monckton Chambers

Speakers:
Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Edward Coulson, Partner, Bryan Cave Leighton Paisner
Kenny Henderson, Partner, CMS Cameron McKenna Nabarro Olswang LLP
Ben Lasserson, Partner, Mischon De Reya
Clara Segurola, Investment Manager, Augusta Ventures

The recording is available here

 

Thursday 9th December

17:30 – 18:30   Conference Closing Address

We are delighted to host a conversation on the future of competition litigation in the UK with The Honourable Mr Justice Marcus Smith.

Chair: 
Philip Moser QC, Barrister, Monckton Chambers

Speaker: 
The Honourable Mr Justice Marcus Smith, President, Competition Appeal Tribunal

Closing Remarks:
James Mellsop, Antitrust and Competition Practice Chair, NERA Economic Consulting

The recording is available here

Second Annual Summer Webinar Series: Competition Law in the UK and EU

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Monckton Chambers is honored to partner with NERA Economic Consulting to cordially invite you to join us for the Second Annual Summer Webinar Series: Competition Law in the UK and EU.

Building on the success of our inaugural program, this year’s series will include four information-packed webinars held across four weeks, beginning on Thursday, 8 July 2021. We will bring together leading regulators and distinguished legal and economic experts to discuss, give insight, and share their expertise on some of the most significant competition challenges we face today.

Upcoming Summer Series Sessions:

Webinar 1 – 8 July, 3pm – 4pm  – Mergers: The CMA Rattling the Sabre

The Competition and Markets Authority (CMA) has strengthened its approach to merger investigations, with new merger guidance, collaboration with international enforcers, and recent Competition Appeal Tribunal successes (such as Sabre/Farelogix and Facebook/Giphy). But has it gone too far? Or perhaps not far enough?

In this roundtable session, our experts will discuss where the CMA’s approach to merger control has changed, address how the change came about, and offer insight into reasons behind the change.

Chair:
Grant Saggers, Director, NERA Economic Consulting

Speakers:
Eleni Gouliou, Director of Mergers, CMA
Alex Baker, Managing Director, Fingleton
Alison Berridge, Barrister, Monckton Chambers

The recording is available here

 

Webinar 2 – 15 July, 3pm – 4pm  – Cartels: From Leniency to Litigation

Cartel enforcement continues apace in the UK, whether regarding information exchange, Resale Price Maintenance, or collective actions.

During this interactive session, our panel of distinguished experts will take a detailed look at recent enforcement cases, appeals made to the Competition Appeal Tribunal, and damages actions.

Chair:
Tim Ward QC, Barrister, Monckton Chambers

Speakers:

Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Ben Lasserson, Partner, Mishcon De Reya
Edward Coulson, Partner, BCLP
Julianne Kerr Morrison, Monckton Chambers

The recording is available here

 

Webinar 3 – 22 July, 3pm – 4pm  – Privacy: Competition, Harm, and Damages

Privacy and GDPR issues are shaping the focus of competition authorities and regulators. They are also among the key battlegrounds in competition policy and litigation.

In this session, our experts will provide insight into the latest competition policy and litigation issues regarding privacy and GDPR, asking:

          • Where is the common ground?
          • Who occupies this common ground?
          • What do experiences elsewhere in the world mean for the UK?

Chair:
Dr Lawrence Wu, President, NERA Economic Consulting

Speakers:
Dr Luisa Affuso, Chief Economist, Ofcom
Gerry Facenna QC, Barrister, Monckton Chambers
Tom Reynolds, Head of Economic Analysis, Information Commissioner’s Office

The recording is available here

 

Webinar 4 – 29 July, 3pm – 4pm  – Abuse of Dominance: A ‘Whistl’-Stop Tour

The CMA has launched new investigations into digital markets, while at the Competition Appeal Tribunal some of the largest damage claims relate to abuse of dominance issues.

In this session, our leading experts will provide insight into recent cases and appeals that relate to abuses of dominance (e.g, Royal Mail vs Ofcom), the future of the AEC test, and how abuses may be mitigated through new regulation.

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Jenny Haydock, Economics Director, CMA
Daniel Beard QC, Barrister, Monckton Chambers
Adrien Cervera-Jackson, Associate Director, NERA Economic Consulting

The recording is available here

Public Law Webinar mini-series

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The Public Law Practice Group at Monckton Chambers is delighted to be offering its first public law webinar mini-series. Join our specialist practitioners for three 45-minute sessions covering issues of topical interest in administrative law. We encourage all those with an interest in public law to join us: solicitors, barristers, academics, students, in-house legal teams and charities. Each webinar takes the form of a panel discussion chaired by one of Monckton’s leading public law silks.

Webinar 1 – 28 April, 1pm:  An update on discrimination law – where are we now?

A good understanding of discrimination law is an essential part of many public law practitioners’ toolkits. The panel will review the most important recent cases and their implications, as well as providing practical advice.

Chair: Tim Ward QC

Azeem Suterwalla
Ciar McAndrew
Michael Armitage

The recording is available here

 

Webinar 2 – 5 May, 1pm: Procedure in the Admin Court – tips and tricks

In this webinar, four of Monckton’s regular Administrative Court users will share and discuss some of their ‘tricks of the trade’, to help attendees to increase the likelihood of bringing successful judicial reviews or, conversely, to strengthen their defence to challenges.

Chair: Tim Ward QC

Azeem Suterwalla
Imogen Proud
Will Perry

The recording is available here

 

Webinar 3 – 12 May, 1pm: Developments in public law arising out of Covid 19

This webinar considers the impact of one of the most important events  in recent UK history, the Covid-19 pandemic, upon administrative law. The panel will review the most important Covid-related case law and will discuss the lasting effect which these cases, and the pandemic itself, may have on both the substance of public law challenges and procedure in the Administrative Court and beyond.

Chair: Robert Palmer QC

Ian Rogers QC
Anneli Howard QC
Khatija Hafesji

The recording is available here

 

Ian Rogers QC speaks on “Opportunities and Challenges after Brexit” at the Annual Workshop organised by the Italian Ambassador and Belluzzo International Partners

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On 24 March 2021, Ian Rogers QC addressed around 125 members of the Italian business community on the new legal framework of EU Relations Law. The workshop was designed to share the experiences of Italian businesses in the UK in dealing with Brexit and Covid 19. Among the other speakers were the Chief Secretary to the Treasury, the Rt Hon Steve Barclay MP, and Managing Directors of some of Italy’s leading companies, including Max Mara and Riso Gallo.

Ian has represented numerous Italian businesses, including some of the largest family-owned companies, in commercial disputes and private client work (both in London and offshore) over many years, acting together with his established network of law firms and avvocati in London, Milan and Genoa.

Monckton webinar series: “The UK legal regime after Brexit – what every lawyer needs to know”

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The end of the transition period has brought with it seismic changes to the legal landscape. Please see below details and sign-up links for our new EU Relations webinar series discussing these changes entitled: “The UK legal regime after Brexit – what every lawyer needs to know”.

The webinars, hosted on zoom, will run on each of the next five Thursday lunchtimes. We look forward to welcoming you at some, or all, of the below events. Please also check out our new EU Relations Law blog, covering all aspects of the Withdrawal Agreement, the Trade and Cooperation Agreement (plus accompanying agreements and declarations), and the UK internal market.

The webinars are being held on the following dates:

 

Webinar 1 – 21 Jan, 1pm – 2pm:  Post-Brexit litigation in UK courts – 10 things every litigator needs to know

The panel will discuss (inter alia): Retained EU Law; departing from EU case-law; validity challenges; damages and effective remedies; challenging Brexit regulations; the implementation of the Withdrawal Agreements and TCA into domestic law; and litigating the TCA in UK courts.

Chair: Anneli Howard

Tom Sebastian
Jack Williams
Morag Ross QC (Scotland) (Axiom Advocates, Edinburgh)

The recording is available here

 

Webinar 2 – 28 Jan, 1pm – 2pm: Subsidy control law – navigating the new ‘post-state aid’ regime

The panel will discuss (inter alia): the subsidy control provisions in the TCA; the implementation of those provisions into domestic law; the provisions of the Ireland/Northern Ireland Protocol; and the relationship with EU State Aid law.

Chair: Professor Panos Koutrakos

George Peretz QC
Anneli Howard
Ben Rayment
Alan Bates

The recording is available here

 

Webinar 3 – 4 Feb, 1pm – 2pm: Competition law

The panel will discuss (inter alia): changes to Retained EU law in relevant Competition Law SIs; how and when the CAT may depart from retained EU law; private damages claims after Brexit; Reliance on Commission decisions; and UK-EU regulatory cooperation in light of the provisions in the Withdrawal Agreement and the TCA.

Chair: Daniel Beard QC

Josh Holmes QC
Robert Palmer QC
Laura Elizabeth John
James Bourke

The recording is available here

 

Webinar 4 – 18 Feb, 1pm – 2pm: UK internal market law

The panel will discuss (inter alia) the Internal Market Act 2020, the meaning and application of the market access commitments, the Act’s impact on devolution, and potential litigation arising from the Act.

Chair: Ian Rogers QC

George Peretz QC
Anneli Howard
Alan Bates
Tom Sebastian

The recording is available here

 

Webinar 5 – 25 Feb, 1pm – 2pm: VAT and custom law

The panel will discuss (inter alia): the implications of Brexit for the UK’s system of VAT; the repercussions of being outside the EU customs union; and the particular issues thrown up by the special circumstances of Northern Ireland.

Chair: George Peretz QC

Ian Rogers QC
Valentina Sloane QC
Frank Mitchell SC (Ireland)
Andrew Macnab

The recording is available here

 

Webinar 6 – 19 Mar, 12pm – 1pm: Procurement law

The Panel will discuss (inter alia): changes to Retained EU law in relevant Procurement Law SIs; The provisions and Impact of the TCA; the domestic implementation of the TCA; and the Green Paper on domestic changes to Procurement Law post Brexit.

Chair: Michael Bowsher QC

Ewan West
Azeem Suterwalla
Ligia Osepciu
Khatija Hafesji

The recording is available here

What’s All The Fuss About? Brexit and UK Competition Law. #100 in the ABA “Our Curious Amalgam” Podcast series

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Anneli Howard, joins Matthew Hall and John Roberti in this podcast to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the implications for competition and state aid under the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK and the EU.

The podcast is part of the American Bar Association (ABA) of the Our Curious Amalgam series which explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

You can access the podcast here.

The second annual UK Competition Litigation Conference

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8–10 December 2020

Please join Monckton Chambers, NERA Economic Consulting, and Augusta for a virtual conference investigating the most important developments in competition litigation in 2020.

The event will bring together distinguished panellists to discuss the year’s key case developments, lessons learned in case management, Brexit, dominance litigation, compensation and pass-on, and class certification battles at the CAT. Speakers include:

We also welcome experts from several leading law firms, including Ashurst; Bristows; Bryan Cave Leighton Paisner; Clifford Chance; CMS Cameron McKenna Nabarro Olswang; Freshfields Bruckhaus Deringer; Hausfeld; Herbert Smith Freehills; Quinn Emanuel Urquhart & Sullivan; Slaughter and May; Stewarts and Travers Smith.

The conference will take place from 8 to 10 December across a series of afternoon sessions. Click here to register.

Tuesday 8th December

 

14:00 – 15:00     Conference Opening and Keynote

We will warmly invite you to our Second Annual Competition Litigation conference. Together they will look back over the extraordinary year of 2020, how the regime has evolved in the five years since the Consumer Rights Act, and how the UK is positioned as a forum.

Chair:
Mark Brealey QC, Barrister, Monckton Chambers

Speaker:
The Honourable Mr Justice Roth, President Competition Appeal Tribunal

15:30 – 17:00     Reflections on Key Case Developments of 2020

An interrupted and challenging year has not prevented the UK competition litigation regime taking some big steps. Our Panel will discuss the key cases, procedural develops, and learnings from the Supreme Court.

Chair:
Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Edward Coulson, Partner, Bryan Cave Leighton Paisner LLP
Caroline Edwards, Partner, Travers Smith LLP
Paul Harris QC, Barrister, Monckton Chambers
Claire Jeffs, Partner, Co-Chair of the Competition Group Slaughter and May
Mark Sansom, Partner, Joint Head – Global Antitrust Litigation Group Freshfields Bruckhaus Deringer LLP
Grant Saggers, Director, NERA Economic Consulting

The recording is available here

 

Wednesday 9th December

 

14:00 – 15:30     Lessons Learned in Strategic Case Management

Effective and proportionate processes are crucial to the improved performance of cases and the litigation regime as a whole. Simon Latham will Chair our Panel on how legal counsel manage funding, disclosure, expert evidence and settlement.

Chair:
Simon Latham, Investment Manager, Augusta Ventures

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Euan Burrows, Partner, Ashurst
Kassie Smith QC, Barrister, Monckton Chambers

Discussants:
Dr. Alexandre Carbonnel, Senior Consultant, NERA Economic Consulting
Daisy Mackersie, Barrister, Monckton Chambers

The recording is available here

16:00 – 17:30     Dominance Litigation

The range of disputes involving foreclosure and FRAND continues to grow, with 2020 also seeing continued litigation in technology markets. Our Panel will focus on the developments in measuring damage, the As-Efficient Competitor Test, the issues in Standard Essential Patents, and the various forums (including the International Trade Commission).

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Dr. Jeffrey Eisenach, Managing Director, NERA Economic Consulting
Sophie Lawrance, Partner, Bristows

Discussants:
Adrien Cevera-Jackson, Associate Director, NERA Economic Consulting
Julianne Kerr Morrison, Barrister, Monckton Chambers

The recording is available here

 

Thursday 10th December

 

14:00 – 15:30      A Class, Apart—Class Certification Battles

2021 will see class representatives battle for certification. The Panel will discuss the impacts of the Supreme Court on how compensatory Damage is determined and allocated. And what learnings there are from other jurisdictions on how economic evidence is used to challenge class composition.

Chair:
Philip Moser QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Co-Head of the Competition Litigation Practice, Quinn Emanuel Urquhart & Sullivan, LLP
Kenny Henderson, Partner, CMS Cameron McKenna Nabaro Olswang LLP
Dr. Lawrence Wu, President, NERA Economic Consulting

Discussants:
Dr. Ai Deng, Associate Director, NERA Economic Consulting
Stefan Kuppen, Barrister, Monckton Chambers

The recording is available here

16:00 – 17:30     A Primer on Passing-On

In 2020, the Supreme Court clarified the legal approach to passing-on, but new battlegrounds have emerged for claimant and defendants, direct and indirect purchases, and different class representatives on the expert evidence that will be needed to prove passing-on. The Panel will discuss the legal test and what it means for the evidence and experts needed at trial.

Chair:
Jon Turner QC, Barrister, Monckton Chambers

Speakers:
Kim Dietzel, Partner, Herbert Smith Freehills
Rob Murray, Partner, Mishcon de Reya
Dr. Nicola Tosini, Associate Director, NERA Economic Consulting

Discussants:
Alan Bates, Barrister, Monckton Chambers
Dr. Philipp Heller, Senior Consultant, NERA Economic Consulting

The recording is available here

18:00 – 19:00     Conference Closing and Look Forward to 2021

Our Panel has the pleasure of talking to Christopher Vajda QC, the UK’s former judge at the Court of Justice of the European Union, about the UK’s regime and role in a post-Brexit world. Our Panel will close out the conference with reflections and learnings across the sessions in the conference.

Chair:
Dr. Lauren Stiroh, Managing Director, Chair of NERA’s Global Antitrust and Competition Practice, NERA Economic Consulting

Speakers:
Christopher Vajda QC, Former UK CJEU Judge, Barrister, Monckton Chambers
Anneli Howard, Barrister, Monckton Chambers
Elizabeth Morony, Partner, Clifford Chance LLP

The recording is available here