[Webinar] Competition and regulatory scrutiny in ‘the new normal’

September 21st, 4:00 pm - 5:00 pm BST
Epiq
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Epiq

September 21st, 2022
4:00 PM - 5:00 PM BST

As the Covid-19 pandemic subsides, there is mounting evidence of a shift in approach by regulatory enforcement agencies around the world. Industries that have historically been at lower risk of investigation are coming under increasing scrutiny – and the tactics used by regulators are changing.

In this webinar, a panel of experts will facilitate a discussion – and answer questions – about the evolving landscape of regulatory scrutiny in 2022 and beyond.

Topics under discussion will include:

  • The increasingly aggressive stance of regulators – from the CMA and European Commission to the DOJ and the FTC
  • The rise in “unannounced inspections” and the importance of being “dawn raid ready.”
  • The ever-increasing corporate data burden arising from changes in regulatory approach
  • The challenges posed by remote work and newly emerging styles of communication – including Teams, Slack and WhatsApp

This panel will include leading practitioners in the competition arena:

Ilan Sherr, Legal Director, DLA Piper

Jonathan Ford, Antitrust & Foreign Investment Partner, Linklaters

Erin Toomey, Leader of Epiq’s Global Investigations Practice Group

Ray Massie, Forensics & Investigations Manager EMEA, Epiq

Panel moderated by Emily Ware, Senior Account Director, Epiq

Speakers

Ilan Sherr

Ilan Sherr
Executive Director, Aiscension. Legal Director
DLA Piper

Ilan Sherr advises on all areas of competition law, including cartels, anti-competitive agreements, merger control and state aid. He also advises on EU law, trade and free-movement.

Ilan has published widely. He edits the Westlaw Insight sections on (1) Abuse of Dominance, (2) Anti-competitive Agreements and (3) the Cartel Offence. He is a contributing author to the leading text book "EU Law of State Aid" by Oxford University Press and is a regular contributor to the on-line competition journal Concurrences.

Experience:

Mergers

  • NTT/Dell - advised NTT on obtaining global merger clearances for their acquisition of the IT Services division of Dell
  • Mobilink/Warid - advised Vimpelcom on its acquisition of a competing mobile network operator in Pakistan
  • Celesio AG - advised on the acquisition by Celesio AG of the Sainsbury's Pharmacy business and on McKesson Corporation's acquisition of the Pharmaceutical Wholesale business of United Drug Group in the UK and the Republic of Ireland
  • Qualcomm/Epcos - advised Qualcomm on the acquisition of Epcos from TDK

Litigation

  • Copyright Licensing Agency - advised the CLA on its legal action with the Design and Copyright Society (DACS) regarding the validity of a long-term agency agreement
  • Alphameric - advised Alphameric in its successful defence in the BAGS v AMRAC litigation
  • Industrial Bags - acted for an industrial bags manufacturer in two separate private damages actions from purchasers

Behavioural advice and investigations

  • Mercedes-Benz - advised on four concurrent competition law investigations (UK and EU), including a criminal investigation under the Enterprise Act.
  • NFRN - advised on three concurrent investigations by the OFT into Newspaper distribution
  • Computer Gaming - advised one of the major video game publishers in responding to the European Commission's investigation into distribution of Video Games

Jonathan Ford

Jonathan Ford
Antitrust & Foreign Investment Partner
Linklaters

Jonathan is a Partner in our Antitrust & Foreign Investment group and has extensive experience across a range of competition matters, including merger control and complex antitrust issues. Jonathan has advised a number of companies in relation to competition investigations conducted by the FCA, the CMA and the European Commission and advises companies across a diverse range of sectors, including financial services, pharmaceuticals and utilities.

Jonathan has particular expertise on UK competition law issues having spent six months on secondment to the mergers branch at the Competition and Markets Authority.

Particular work highlights include advising:

  • National Fostering Agency on its acquisition of Acorn Care and Outcomes First Group
  • Anglo American on its UK construction materials joint venture with Lafarge
  • Intu plc on its aborted merger with Hammerson plc
  • TMX (owner of the Toronto Stock Exchange) on its acquisition of Trayport
  • Visa Europe on its acquisition of Rambus’ payment tokenisation services
  • Teva/IVAX in relation to the CMA’s investigation into paroxetine
  • Centrica plc in the CMA’s market investigation into retail and wholesale energy supply
  • In relation to a CMA investigation into alleged excessive pricing in the pharmaceutical sector

Erin Toomey

Erin Toomey
Leader of Epiq’s Global Investigations Practice Group
Epiq

Erin Toomey is a Senior Director and the leader of Epiq’s Global Antitrust and Competition Practice. She has over 16 years of experience in eDisclosure and government investigations, with specific expertise in global competition matters. During her career, Erin has advised and partnered with clients in negotiations directly with the Competition and Markets Authority, the European Commission, the US DOJ and FTC, and the Canadian Competition Bureau related to production standards, provisions for Technology Assisted Review compliance, foreign language translation, and timing agreements. In addition, throughout her career Erin has overseen teams in over 60 competition matters, including ten of the top 20 mergers since 2000. Erin received a B.S., Management Information Systems from Wake Forest University.

Ray Massie

Ray Massie
Forensics & Investigations Manager EMEA
Epiq

Ray Massie CISSP is a Forensic Manager in the UK Forensics Team, with more than 17 years of experience in digital forensics and 34 years of experience in law enforcement. Ray has extensive experience handling the collection and oversight of data collections from systems or endpoints for production to government regulators. He can advise companies who are faced with regulatory visits or assist in their preparedness for any future such visit.

Emily Ware

Emily Ware
Senior Account Director, EMEA
Epiq

Emily Ware serves as a Senior Account Director of Global eDisclosure / eDiscovery Solutions with particular focus on large scale and high-profile investigations, competition, and litigation matters. She works collaboratively with law firms and corporate clients to develop and manage litigation, regulatory risk and investigation related eDisclosure response, best practice and cost efficiency. Emily combines an in-depth understanding of legal technology with a pragmatic approach, offering clients well-considered and creative solutions to legal challenges.

Emily has over 10 years’ experience in eDisclosure/eDiscovery and nearly 20 years within the legal industry. She has consistently helped clients successfully navigate legal challenges in civil and criminal actions, as well as internal and government investigations. Her case experience spans several key areas including matters from The European Commission, FCA, CMA, SFO, DOJ, FCPA, EPA, intellectual property disputes, shareholder disputes, M&A due-diligence, employment, environmental, product liability, complex commercial litigation as well as internal audits and white-collar investigations.

Emily holds an undergraduate degree in Law from the University of Greenwich UK; as well as a Commendation from the College of Law, London. In addition to her Relativity Certified Sales Professional (RCSP) membership, she is also a member of key organisations empowering women within the industry including; Black Lawyers Network, Women in eDiscovery UK and Women in Technology UK. In 2021, Emily founded mumhive, a social enterprise and online community created to enable black mothers and fathers to connect, share experiences, and find helpful information about the parenthood journey.

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