Centre for Law, Economics and Society (CLES)

EVENTS

10-11 June 2015
Innovation, Competition Law and IP Rights

12 June 2015
Competition Law in China

18 June 2015
Getting Merger Control Clearances for Corporate Deals: EU and Multi-Jurisdictional Merger Control in Practice

For more information and to view past events, please go to the events pages.

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Contact Us

For general enquiries, please contact:

Tatjana Wingender
Administrator
+44 (0)20 7679 1407
t.wingender [at] ucl.ac.uk

For research project enquiries, please contact:

Dr Ioannis Lianos
+44 (0)20 7679 1028
i.lianos [at] ucl.ac.uk .

Papers

For more working papers, please visit the CLES Research Paper Series section on this website.

Events

Please see below for current events. Past events can be viewed here.

   
UCL Centre for Law, Economics & Society

Wednesday, 10 June -Thursday, 11 June 2015
9.30am - 17.30pm

a 2-day CPD course

Innovation, Competition Law and IP Rights

Tutor:
Professor Herbert Hovenkamp,
University of Iowa School of Law and Fellow of the American Academy of Arts and Sciences, Visiting Professor, UCL

Accreditation:
The course is accredited with 12 CPD hours by the Solicitors Regulation Authority and the Bar Standards Board. It also constitutes relevant CPD for IPReg.


About the course:

The course will explore the interaction between competition law and intellectual property rights. In the modern knowledge economy undertakings develop a number of strategies to expand their IP rights portfolio and achieve competitive advantages by employing their IP rights in order to exclude competitors or raise their costs, and charge higher prices to consumers. Competition law and IP law disputes are interconnected, as recent litigation in the pharmaceutical sector and the recent patent wars in the IT sector illustrate.

The course will analyze the value of competition law in addressing a variety of practices in innovation-intensive markets, including interconnection in networks, duties to deal, the licensing and distribution of IP rights (standard setting organizations, patent pools), tying, patent assertions by non-practising entities, pay-for-delay (“reverse”) settlements, and the nature of FRAND obligations for standards essential patents (SEPs), as well as injunctive remedies and computation of FRAND royalties, drawing from examples mostly from US law.

The course will also consider the uses and limitations of competition law and policy as a vehicle for promoting innovation and will examine realistic reforms that can be undertaken in IP law and competition law in order to achieve this objective.The course will aim to examine the interaction between competition law and IP law in various sectors of the economy and the practical implications of that interaction for a number of commercial practices.

The course will primarily examine the US systems for competition law and intellectual property rights.

Course outline:

Wednesday 10 June
(AM): Competition Policy, The Patent System, and Unreasonable IP Exclusions
(including anticompetitive abuses of the patent system, refusal to license, restraints on innovation, nonuse, patent aggregators and other non-practicing entities; exclusion by innovation)
(PM): Reverse Payment Settlements, Tying, and “Misuse”
(including pay-for delay settlements, patent ties, interoperability, price discrimination)

Thursday 11 June
(AM): Innovation Policy and the Innovation Commons
(including patent pools and cross licensing, open source practices, price fixing and horizontal market restraints, joint ventures)
(PM): Standard Setting, Standards Essential Patents, and FRAND Licensing
(including standard setting and other forms of technology sharing, FRAND licensing obligations and remedies, including royalty determinations).

Click here to find out more about the course and register.

UCL Centre for Law, Economics & Society

Friday, 12 June 2015
10am - 5.30pm

a one-day CPD course introducing Chinese anti-Monopoly Law

Competition Law in China

Course leaders:

  • Thomas Cheng
  • Davis Stallibrass


Course Prerequisites:
None, though a good understanding of UK, EU, or US competition law is highly desirable.


Readings:

A pack with english translations of core legislation, guidance, and decisions will be provided. Students will be expected to have made themselves familiar with it.

About this course:
This six-hour short course will give students an introduction to the Chinese Anti-monopoly Law.
The course will cover all the basic aspects of substantive competition law, including restrictive agreements, abuse of dominance, merger review, IP-competition interface, and an area of competition law unique to China known as abuse of administrative monopoly.
Students will be introduced to the leading cases with reference to both private litigation in the courts and administrative enforcement by state agencies.
The course will seek to highlight the similarities and difference between the Chinese Anti-Monopoly Law and competition law in other jurisdictions, such as the EU and the US. In addition, it will set the Chinese law within the broader context of Chinese political and economic development.
The course will include a discussion of the unique context in which competition law is enforced in China and a critical evaluation of the cause and effect of divergence between Chinese and international competition law norms.

What you will learn:
Students will become familiar with the political economy and institutional environment that contextualises competition law enforcement in China.
Students will understand the basic aspects of all areas of substantive competition law, including restrictive agreements, abuse of dominance, merger review, IP-competition interface, and an area of competition law unique to China known as abuse of administrative monopoly.
Students will be introduced to leading cases with reference to both private litigation in the courts and administrative enforcement by state agencies.
Students will acquire a greater appreciation of the development of competition law in China in the context of the global debate about and movement toward convergence.

Click here to find out more and register for the course.

UCL Centre for Law, Economics & Society

Thursday, 18 June 2015
8.45am - 4pm

a one-day CPD course

Getting Merger Control Clearances for Corporate Deals: EU and Multi-Jurisdictional Merger Control in Practice

Speakers:

  • Kyriakos Fountoukos (Herbert Smith Freehills LLP)
  • Peter Rowlands  (Herbert Smith Freehills LLP)
  • Nick Root  (Herbert Smith Freehills LLP)
About the course:
Merger control is an essential part of a competition practitioner's every day work and is also of importance to other advisors (corporate lawyers, bankers) involved in transactions. It needs to be considered in every corporate deal including private acquisitions of whole companies, shares or assets, public takeover bids, minority investments in companies and joint venture agreements. This is because merger control will impact key aspects of a transaction: the transaction time table ("when can I close the deal?") and even the "deliverability" of a transaction ("can I do the deal?" "Will remedies be imposed?").

More than 100 countries around the world now have merger control laws. Most of them, like the EU regime, are "mandatory" and "suspensory" regimes: a filing must be made and the deal cannot close before clearance has been received from the relevant regulators.

Despite the central importance of merger control for competition lawyers, corporate lawyers, investment bankers and businesses, merger control is a topic that is often not taught in detail and from a hands-on perspective in undergraduate or even post-graduate courses.

With the aid of a practical case study, this course will cover the key basic aspects of what an advisor needs to know from a practical perspective to:
analyse corporate transactions to decide whether a transaction triggers a merger filing requirement with the EU and/or in other jurisdictions around the world;
deal with timelines of each relevant jurisdiction as well as consequences for failure to file (fines, unwinding the transaction etc.) to assess exact possible impact on the transaction;
negotiate corporate documentation such as conditions precedent, cooperation between purchaser and seller in making filings, and conduct pre-completion. The course will also cover other aspects of the corporate documentation relevant to competition law such as exchange of information in the due diligence process (e.g. Non-Disclosure Agreements and clean team processes), non-compete clauses, warranties and indemnities;
prepare an EU merger control filing on Form CO (information needed and process, practical tips); and
guide clients through the procedures for clearance (emphasis on the EU procedure).

The key focus of the course will be on jurisdictional and procedural issues with only a brief discussion of substantive issues (how regulators review a merger from a substantive perspective). The course will aim to give participants the practical experience needed to understand and/or work on merger control aspects of a corporate deal, by simulating as closely as possible the work that a practitioner would undertake in a live transaction.

Who should attend:
The course is mainly designed associates, trainees or prospective trainees wishing to gain practical experience which they can apply in a post with an international law firm doing merger control work. It is also suitable for post-graduate students on competition law or mergers and acquisitions courses.
Attenders need not have day-to-day experience of corporate deals or merger control, however some understanding (academic or practical) of transaction agreements would be useful.

The course is split into two distinct sessions which can be attended independently.
a) The Morning Sessions:  covering where to file and the consequences, and negotiating the corporate documents; and
b) The Afternoon Session: covering drafting filings and procedural aspects of the process.

Click here to find out more and to register for the course.

Page last modified on 19 may 15 10:34