This webinar considers the recent Competition Act Exclusion Orders, as it has been recognised universally that cooperation is necessary in order to respond to the COVID-19 pandemic. It is also recognised that some of the cooperation contemplated will infringe competition law. A number of techniques are available by which conduct that infringes competition law can escape prohibition.
The main technique used has been to issue guidance on how the competition authority understands the law to apply and how it will exercise its discretion when deciding to take enforcement action. The combination of these two techniques provides a degree of comfort. In the UK the Government has gone further by identifying necessary cooperation and excluding such cooperation from competition law on grounds of public policy, for example for those in the groceries supply chain, for some private health providers, and for dairy produce suppliers. The use of an exclusion order means that there is political accountability for the consequences the decision to set aside competition law will have, both for competitors, others in the supply chain, and for different consumer groups. For parties to excluded agreements, there is certainty ex ante that the cooperation is immune from competition challenge. Avoiding the need to assess compatibility of the agreement with competition law rather than obtaining permission to engage in incompatible behaviour can be seen as the real value of the public policy exclusion orders.
We will also seek to widen the discussion to consider why practically no exclusion orders have been made in the past.
This event is convened by Dr Liza Lovdahl Gormsen, Senior Research Fellow in Competition Law and Director, Competition Law Forum.
- Dr Liza Lovdahl Gormsen, BIICL (chair)
- Rona Bar-Isaac, Addleshaw Goddard LLP
- Michael Hutchings, Advisory Board Member BIICL
- Oke Odudu, University of Cambridge
Pricing and Registration
This event is exclusive to members of the Competition Law Forum (CLF). CLF Members wishing to attend can register by emailing the Events team.
Becoming a member of the Competition Law Forum (CLF)
The Competition Law Forum is a centre of excellence for European competition and antitrust policy and law at BIICL. It provides a forum in which the practical application of competition policy is considered by lawyers, economists, senior business managers, public servants, public affairs professionals, consumer bodies and other specialist practitioners. The Forum identifies areas requiring debate and analysis, and provides the required forum and experts, thereby contributing to policy initiatives. In doing so it also produces leading-edge applied research, analysis and recommendations on the content, methodologies and application of competition policy at all levels of governance - national, European and global.
To enquire about becoming a member of the Forum, please contact Dr Liza Lovdahl Gormsen, Competition Law Forum Director.
This event offers the equivalent of 1 CPD hour.
If you have any queries, please contact the Events team.
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