Eurasian anti-cartel forum
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INTERNATIONAL PRACTICAL CONFERENCE
EURASIAN ANTI-CARTEL FORUM

MOSCOW
NOVEMBER 24, 2017
VENUE:
MOSCOW MARRIOTT ROYAL AURORA HOTEL
PETROVKA ST. 11
MOSCOW

In the context of increasing economic integration within the CIS, the EEU and BRICS, questions of international legal regulation, including antimonopoly regulation, within new economic communities become more urgent. This Conference will be dedicated to mechanisms of anti-cartel enforcement, main trends of development of international and domestic legislations, practical aspects of cross-border investigations within the CIS, the EEU and BRICS.

Conference languages: Russian, English

participate

PROGRAMME

NOVEMBER 24, FRIDAY

The Conference will be organized as a series of moot sessions. The participants will take part in a simulated international investigation of a cartel agreement from the moment when it is revealed in the company and until sanctions are imposed and suits are brought in various jurisdictions.

The speakers will go step by step through practical ways how to resolve the situation from the moment the anti-competitive agreement within the company was revealed and until the case is brought before the court. At the end of the event, the participants are invited to a round-table discussion of the prospects of future legislative development and practice of combating cross-border cartels and to sum up the results of the conference.

Based on this moot investigation, Conference’s participants will discuss the main trends, practical aspects and challenges of anti-cartel law enforcement in various jurisdictions as part of cross-border investigation.



9.00 — 9.30
Accreditation. Welcome coffee break.
9:30 — 9:40

Speaker:

Vassily RUDOMINO

Chairman of the Board Committee of the Non-Commercial Partnership “Competition Support Association in the CIS Countries”, Senior partner at ALRUD Law Firm


9.40 — 10.00

Speaker:

Andrey TENISHEV

Head of the Anti-Cartel Department, FAS Russia


10.00 — 10.05

Speaker:

Vassily RUDOMINO

Chairman of the Board Committee of the Non-Commercial Partnership “Competition Support Association in the CIS Countries”, Senior partner at ALRUD Law Firm


All moot sessions will take a form of interactive discussions within investigation of alleged cartel agreement. Participants of cross-border cartel at auto parts market are Eurasian Motors JSC, MashStroyExport CIS JSC and Machines of Future LLC.

This business game presents the entire process of cross-border cartel investigation by antimonopoly authorities of involved jurisdictions from its identification to adjudication.

Prerequisites: participants’ positions are not predetermined in advance, all participants are free to build their own argumentation, judgment will be ruled according to the results of comprehensive assessment of presented arguments and evidence.

10.05 — 12:15
10.05 — 10.35

1.1. Moot session. Eurasian Motors JSC Finds Out About the Cartel Agreement. Next Steps.

Speakers and their roles:

• External legal consultant:

Aleksander KORNIENKO

Head of the Third Division of the Anti-Cartel Department, FAS Russia


• In-house, Eurasian Motors JSC:

German ZAKHAROV

Partner, ALRUD Law Firm


• General manager, Eurasian Motors JSC:

Mikhail VORONIN

Senior attorney, Antimonopoly Law Office LLC


• Foreign consultant, Eurasian Motors JSC:

Tatyana IGNATOVSKAYA

Partner, Stepanovski, Papakul & Partners


During this session the external legal consultant draws attention of Eurasian Motors JSC in-house to certain facts found during antimonopoly audit and demonstrating participation of Eurasian Motors JSC in international cartel agreement. Then Eurasian Motors JSC General manager joins the discussion, whom the in-house informs of the detected facts, and the foreign external consultant, with whom practical steps that should be undertaken after international cartel disclosure are discussed.

10.35 — 11.10

1.2 Moot session. Emergency Board Meeting: MashStroyExport CIS JSC Decides Whether to File an Leniency Application.

Speakers and their roles:

• Chairman of the Board of Directors, MashStroyExport CIS JSC:

Marat MURADOV

Partner, Dentons


• Board member, MashStroyExport CIS JSC:

Aleksander SHALUPIN

Head of Legal & Compliance, Roche Diagnostics Rus LLC


• In-house, MashStroyExport CIS JSC:

Anastasia SHKARINA

General Counsel Russia, Unilever


• External consultant:

Takhir SCHERBA

Head of the Fifth Division, FAS Russia


This session is dedicated to the improvised meeting of MashStroyExport CIS JSC Board of Directors. The agenda of the meeting — report of the in-house and results of annual antimonopoly audit, which reveal signs of cartel agreement conclusion with Eurasian Motors JSC and Machines of Future.

Participants discuss procedure and expediency of filing an application about exoneration from liability concerning each separate jurisdiction.

11.10 — 11.40

Coffee break.
11.40 — 12.15

1.3 Moot session. Machines of Future LLC Files Leniency Application to Anti-Trust Authority.

Speakers and their roles:

• In-house, Machines of Future LLC:

Fatima KONIEVA

Adviser of the Anti-Сartel Department, FAS Russia


• External legal consultant:

Yaroslav KULIK

Partner, ART DE LEX Law Firm


• FAS member:

Dmitry ARTYUSHENKO

Deputy Head of the Anti-Cartel Department, FAS Russia


• EEC representative:

Nadia GORESLAVSKAYA

Consultant, Baker & McKenzie


The session is held as a dialogue of the external legal consultant and the in-house of Machines of Future LLC with representatives of antimonopoly authority on the prepared recognition statement of participation in cartel conspiracy by Machines of Future LLC. Authorized officers of antimonopoly institution accept the statement and initiate negotiations with representatives of Machines of Future LLC to develop their cooperation with antimonopoly authority within consideration of the case.

12.15 — 13.25
12.15 — 12.50

2.1. Moot session. Cartel Investigation: Strategy Development.

Speakers and their roles:

• FAS representative:

Mukhamed KHAMUKOV

Deputy Head of the Anti-Cartel Department, FAS Russia


• FAS representative:

Julia KUPRIYANCHIK

Deputy Head of the Anti-Сartel Department, FAS Russia


• Representative of a foreign competition authority/Expert:

Torsten SYRBE

Partner, Head of Russian Competition Group, Clifford Chance


• Representative of a foreign competition authority/Expert:

Aldash AITZHANOV

President of JSC “Center for development and protection of competition policy”, Deputy Head of the Department of Economic Theory and Antitrust Regulation of L.N. Gumilyov Eurasian National University


• Representative of a foreign competition authority/Expert:

Olga KOROLKOVA

Deputy Head of Division, Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus


• Representative of a foreign competition authority/Expert:

Pavel FILIPPOV

Head of the Economy, Finance and Price Department, Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus


• Representative of a foreign competition authority/Expert:

Hrayr ARAMYAN

Deputy Director of the Department for Antitrust Regulation, Eurasian economic commission


• Representative of a foreign competition authority/Expert:

Armine HAKOBYAN

Deputy Director of the Department for Competition and Public Procurement Policy, Eurasian economic commission


• Representative of a foreign competition authority/Expert:

Тatiana CHESNOKOVA

Head of the Competition Law and Methodology Department of the Department for Competition and Public Procurement Policy, Eurasian economic commission


The session takes a form of an improvised interdepartmental meeting of antimonopoly authorities of the Economic union representatives, where the cartel between Eurasian Motors JSC, MashStroyExport CIS JSC and Machines of Future LLC operates. Within the meeting the general strategy of cross-border cartel investigation is developed, discussion also focuses on antimonopoly authorities’ interaction problems and synchronization of their actions within different jurisdictions.

12.50 — 13.25

2.2. Interview. Criminal Cartel Liability.

Moderator:

Anton SUBBOT

Partner, Baker & McKenzie


Speakers:

Dmitry DANILOV

Deputy Head of the Department for Supervision over the Execution of Legislation in the Sphere of Economics of the Main Directorate for Supervision over the Execution of Federal Legislation, Prosecutor General’s Office of the Russian Federation


Pavel SYCHOV

Deputy Head of the Control and Methodological Department of the Investigation Department, Ministry of Internal Affairs of the Russian Federation


Andrey TENISHEV

Head of the Anti-Cartel Department, FAS Russia


13.25 — 14.25
Lunch.
14.25 – 16.50
14.25 — 15.35

3.1 Moot session. Cartel Case Court Hearing.

Speakers and their roles:

• Judge:

Anastasia ASTASHKEVICH

Managing Partner, Astashkevich & Partners


• FAS representative:

Yulia ABAKUMOVA

Head of the Litigation Division of the Legal Department, FAS Russia


• FAS representative:

Mukhamed KHAMUKOV

Deputy Head of the Anti-Cartel Department, FAS Russia


• FAS representative:

Julia KUPRIYANCHIK

Deputy Head of the Anti-Сartel Department, FAS Russia


• Eurasian Economic Commission representative:

Evgeniy KRIVTSUN

Adviser of the Department for Antitrust Regulation, Eurasian economic commission


• Eurasian Economic Commission representative:

Iuliia ZABOTNOVA

Counsel of the Department for Antitrust Regulation, Eurasian economic commission


• Eurasian Economic Commission representative:

Asem MUKHAMEDIEVA

Head of the Division of analysis and investigation on fuel and energy markets of the Department for Antitrust Regulation, Eurasian economic commission


• Representative, Eurasian Motors JSC

German ZAKHAROV

Partner, ALRUD Law Firm


• Representative, MashStroyExport CIS JSC:

Marat MURADOV

Partner, Dentons


• Representative, Machines of Future LLC:

Yaroslav KULIK

Partner, ART DE LEX Law Firm


• Representative, Eurasian Autosales syndicate:

Kirill DOZMAROV

Head of Competition Regulation Group, ART DE LEX Law Firm


The session is held as an improvised judicial proceeding of the cartel case. The session is divided into three stages: Debate of the parties; Case discussion with the audience; Reading of the judgment.

The Court acts as the arbitrator and considers positions of antimonopoly authorities and companies-parties of the cartel. Each party introduces its arguments supported with evidence. After parties’ statements, the Court leaves to make a decision. At this time, the audience discuss the matter in a free mode, expressing their opinions concerning validity of parties’ positions. At the final stage, the court returns and announces one of the following decisions: to admit the fact of cartel creation proven or unproven. The decision is made by a majority vote. At the same time, considering collegial composition of court, if one of the judges disagree with the decision he is given an opportunity to express a dissenting opinion on the case.

15.35 – 16.30

3.2 Moot session. Recovery of Damages.

Speakers and their roles:

• Victim/ Car manufacturer:

Vitaly PRUZHANSKY

Partner, RBB Economics


• Victim/ Car manufacturer:

Yulia ABAKUMOVA

Head of the Litigation Division of the Legal Department, FAS Russia


• Respondent/ Machines of Future LLC:

Aleksey POLISCHUK

Associate Professor, Lomonosov Moscow State University


• Respondent/ Machines of Future LLC:

Natalia AFINOGENOVA

Lawyer, Dentons Moscow


The session takes a form of negotiations of the cartel agreement consequences victims with an external consultant and an economist of Machines of Future LLC. During negotiations parties represent their justified positions on civil consequences of cartel agreements, concerning legal and economic aspects of the problem.

16.10 – 16.30
Questions and Answers Session.
16.30 – 16.50
Coffee break.
16.50 – 17.40
4. Round table “International Cartel Investigation”.

Moderator:

Alexey IVANOV

Director, HSE — Skolkovo Institute for Law and Development


Speakers:

Andrey TSARIKOVSKIY

Stats-Secretary, Deputy Head of the FAS Russia


Andrey TENISHEV

Head of the Anti-Cartel Department, FAS Russia


Sergey MAKSIMOV

Assistant to the Head of the FAS Russia


Vladimir SAFONOV

Principal adviser, Directorate for systematization of legislation and analysis of jurisprudence, Supreme court of the Russian Federation


Mikhail SEDOV

Head of the Department for Budgetary Sphere, Rosfinmonitoring


17.40 – 18.00

Speaker:

Andrey TSARIKOVSKIY

Stats-Secretary, Deputy Head of the FAS Russia


18.00 — 19.00
Evening reception. Networking.

*This schedule may be subject to change

CO-CHAIRMEN

Andrey
TSARIKOVSKIY
Andrey TSARIKOVSKIY
Stats-Secretary - Deputy Head of the FAS Russia
Vassily
RUDOMINO
Vassily RUDOMINO
Chairman of the Board Committee of the Non-Commercial Partnership “Competition Support Association in the CIS Countries”, Senior partner at ALRUD Law Firm

SPEAKERS

INVITED TO SPEAK

Yulia ABAKUMOVA
Yulia ABAKUMOVA
Head of the Litigation Division of the Legal Department, FAS Russia
Aldash
AITZHANOV
Aldash AITZHANOV
President of JSC “Center for development and protection of competition policy”, Deputy Head of the Department of Economic Theory and Antitrust Regulation of L.N. Gumilyov Eurasian National University
Natalia
AFINOGENOVA
Natalia AFINOGENOVA
Lawyer, Dentons Moscow
Hrayr
ARAMYAN
Hrayr ARAMYAN
Deputy Director of the Department for Antitrust Regulation, Eurasian economic commission
Dmitry
ARTYUSHENKO
Dmitry ARTYUSHENKO
Deputy Head of the Anti-Cartel Department, FAS Russia
Anastasia
ASTASHKEVICH
Anastasia Astashkevich
Managing Partner, Astashkevich & Partners
Тatiana
CHESNOKOVA
Тatiana CHESNOKOVA
Head of the Competition Law and Methodology Department of the Department for Competition and Public Procurement Policy, Eurasian economic commission
Dmitry
DANILOV
Dmitry DANILOV
Deputy Head of the Department for Supervision over the Execution of Legislation in the Sphere of Economics of the Main Directorate for Supervision over the Execution of Federal Legislation, Prosecutor General’s Office of the Russian Federation
Kirill
DOZMAROV
Kirill DOZMAROV
Head of Competition Regulation Group, ART DE LEX Law Firm
Pavel
FILIPPOV
Pavel FILIPPOV
Head of the Economy, Finance and Price Department, Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus
Nadia
GORESLAVSKAYA
Nadia GORESLAVSKAYA
Consultant, Baker & McKenzie
Armine
HAKOBYAN
Armine HAKOBYAN
Deputy Director of the Department for Competition and Public Procurement Policy, Eurasian economic commission
Tatyana
IGNATOVSKAYA
Tatyana IGNATOVSKAYA
Partner, Stepanovski, Papakul & Partners
Alexey
IVANOV
Alexey IVANOV
Director, HSE — Skolkovo Institute for Law and Development
Evgeniy
KRIVTSUN
Evgeniy KRIVTSUN
Adviser of the Department for Antitrust Regulation, Eurasian economic commission
Mukhamed
KHAMUKOV
Mukhamed KHAMUKOV
Deputy Head of the Anti-Cartel Department, FAS Russia
Fatima
KONIEVA
Fatima KONIEVA
Adviser of the Anti-Сartel Department, FAS Russia
Aleksander
KORNIENKO
Aleksander KORNIENKO
Head of the Third Division of the Anti-Cartel Department, FAS Russia
Olga
KOROLKOVA
Olga KOROLKOVA
Deputy Head of Division, Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus
Yaroslav
KULIK
Yaroslav KULIK
Partner, ART DE LEX Law Firm
Julia
KUPRIYANCHIK
Julia KUPRIYANCHIK
Deputy Head of the Anti-Сartel Department, FAS Russia
Sergey
MAKSIMOV
Sergey MAKSIMOV
Assistant to the Head of the FAS Russia
Marat
MOURADOV
Marat MOURADOV
Partner, Dentons
Asem MUKHAMEDIEVA
Asem MUKHAMEDIEVA
Head of the Division of analysis and investigation on fuel and energy markets of the Department for Antitrust Regulation, Eurasian economic commission
Alexey
POLISHCHUK
Alexey POLISHCHUK
Associate Professor, Lomonosov Moscow State University
Vitaly
PRUZHANSKY
Vitaly PRUZHANSKY
Partner, RBB Economics
Vassily
RUDOMINO
Vassily RUDOMINO
Chairman of the Board Committee of the Non-Commercial Partnership “Competition bpport Association in the CIS Countries”, Senior partner at ALRUD Law Firm
Vladimir
SAFONOV
Vladimir SAFONOV
Principal adviser, Directorate for systematization of legislation and analysis of jurisprudence, Supreme court of the Russian Federation
Mikhail
SEDOV
Mikhail SEDOV
Head of the Department for Budgetary Sphere, Rosfinmonitoring
Anton
SUBBOT
Anton SUBBOT
Partner, Baker McKenzie
Pavel
SYCHOV
Pavel SYCHOV
Deputy Head of the Control and Methodological Department of the Investigation Department, Ministry of Internal Affairs of the Russian Federation
Andrey
TENISHEV
Andrey TENISHEV
Head of the Anti-Cartel Department, FAS Russia
Andrey
TSARIKOVSKIY
Andrey TSARIKOVSKIY
Stats-Secretary, Deputy Head of the FAS Russia
Aleksander
SHALUPIN
Aleksander SHALUPIN
Head of Legal & Compliance, Roche Diagnostics Rus LLC
Anastasia
SHKARINA
Anastasia SHKARINA
General Counsel Russia, Unilever
Takhir
SCHERBA
Takhir SCHERBA
Head of the Fifth Division, FAS Russia
Torsten
SYRBE
Torsten SYRBE
Partner, Head of Russian Competition Group, Clifford Chance
Mikhail
VORONIN
Mikhail VORONIN
Senior attorney, Antimonopoly Law Office LLC
Iuliia
ZABOTNOVA
Iuliia ZABOTNOVA
Counsel of the Department for Antitrust Regulation, Eurasian economic commission
German
ZAKHAROV
German ZAKHAROV
Partner, ALRUD Law Firm

CONDITIONS OF PARTICIPATION

We invite to register:

  • Representatives of the FAS of Russia and foreign competition authorities, interested in gaining experience in tactics and ways of cross-border cartels investigation, in learning the main trends of development of anti-cartel legislation in various countries and the prospects of further unification of legislation within EEU and BRICS.

  • Representatives of other governmental authorities of Russia (the Ministry of Internal Affairs, Investigative Committee, Prosecutor's office), who would find interesting issues concerning mechanism of cartel investigation, their role and functions in investigation of these cases in a whole chain of decision-making of participants involved in investigation both while the case in considered by competition authority and after decision about violation of the antitrust law is made.

  • Representatives of business community, who want answers to the major practical questions, concerning actions of the company, tactics of its employees’ behavior in case of detection of anti-competitive agreement

  • Practicing lawyers and representatives of science community, to obtain practical skills of participation in investigation of a cartel alongside with representatives of the FAS of Russia and other governmental authorities, to share experience and to learn more about antimonopoly regulation

To participate in the Conference, you should complete the Registration. All applications are considered individually by the Organizing Committee and applicants are informed about its decision via email within 7 days.

Participation is subject to the fee. You can proceed the payment in the Personal Office of the Delegate. Login and password for the Personal Office are sent by Organizing Committee after the application is confirmed.

Cost of Participation

Registration completed before September 30, 2017 25 000 RUB
Registration completed from October 1, to October 31, 2017 30 000 RUB
Registration completed after November 1, 2017 35 000 RUB

Not subject to VAT.

Special Prices and Discounts

  • Inhouse lawyers and representatives of business (except for representatives of consulting companies) are given a discount of 40%. The participation fee will be 21 000 RUB.

  • For participants-members of Association of Antimonopoly experts and/or NGO “Assistance to development of competition in the CIS countries” the discount of 20% is provided.

  • LF Academy registered users are entitled to a 10% discount on participation fee.

Discounts are not summarized.

Places are limited. Organizers reserves the right to refuse an application without stating the reason.

Participants of the Conference are provided with a discount on accommodation in Moscow Marriott Royal Aurora Hotel. Please book accommodation here to use the special offer.

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