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Live Broadcast

Dan Tel Aviv Hotel
October 15 - 18, 2018
Add to Calendar2018-10-15 09:00:002018-10-18 21:00:00Asia/JerusalemIcn cartel workshopICN Cartel Workshop 2018 Tel Aviv IsraelDan Tel Aviv Hotel

About the Conference

Dear ICN delegates,

The Israeli Antitrust Authority is honored to host the 2018 International Competition Network (ICN) Cartel Workshop from October 15 to 18, 2018, at the Dan Hotel, Tel Aviv, Israel.

The theme of the 15th Cartel Workshop is How To Crack A Cartel Step By Step.

The discussions will focus on developing the capabilities required to uncover a cartel, and the legal issues that require attention at every step from the beginning of the investigation until the final sentencing. The 3 day Workshop will tackle various issues such as intelligence, digital evidence gathering, cloud computing and the unique legal challenges faced by agencies during legal enforcement. The Workshop will also include a hands-on practice session aimed at sharing experience on the conduct of effective questioning and dawn raids.

In addition to representatives of ICN member agencies, non-governmental advisors (NGAs) are invited to participate in selected parts of the Workshop.

The Workshop and its events will be held at various venues in Tel Aviv.

The Israeli Antitrust Authority looks forward to welcoming ICN member agencies and NGAs from around the world to Tel Aviv in the fall of 2018, the year of Israel's 70th birthday. 

Michal Halperin

Director General

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Agenda

How To Crack A Cartel Step By Step

Cocktail Reception

Yam Hall

 18:00 - 20:00

Intelligence

Breakfast

08:30 - 09:00

Opening and greetings

09:00 - 09:30

Ms. Noa Zvi-Oliver
senior advisor to the Director General, Director of international affairs

Ms. Michal Halperin
Director General, Israel Antitrust Authority

SG2 Cartel WG co-chair –Netherland -Ms. Siún O'Keeffe
Manager ACM Academy

‏Plenary 1
Leniency reinvented

 09:30 - 10:45

Leniency reinvented 

How will leniency look like 10 years from now? How do globalization and digitalization affect leniency as a cartel detection and investigation tool? Is there a need to rethink, redesign or reinforce leniency programs?

DOJ- Mr. Richard Powers
Acting Deputy Assistant Attorney General for Criminal Enforcement, USDOJ Antitrust Division

EU- Mr. Eric Van Ginderachter
Director Cartels Directorate

Spain- Mr. Beatriz de Guindos
Competition Director

Japan- Mrs. Reiko Aoki
Commissioner

Austria- Mrs. Natalie Harsdorf
Deputy Managing Director

Practical exercise

 09:30 - 10:45

practicing searches and questioning (Agency only)

Break

 10:45 - 11:15

Mini plenary

 11:15 - 12:45

How to start an investigation

Starting an investigation can be based on various sources of information. Each source requires its special "toolkit" of examinations and preparations before beginning the overt stage of the investigation.

 

Mexico- Mr. Francisco Téllez
General Director for Absolute Monopolistic Practices

Australia- Mr. Rob Ghali
General Manager, Cartels Branch

Japan- Mr. Naohiko KOMURO
Director of Information Analysis Office, Investigation Bureau

Spain- Mr. Sergio Sinovas
Deputy Head of the Cartel Unit

Digital evidence gathering prior to overt investigation

There are several techniques to overcome information gaps even before the overt stage of the investigation – locating email servers, information regarding cell phones being used by suspects are just examples.

Netherland- Mrs. Stephanie Holle
Manager Competition Department

Israel- Mr. Gadi Perl
Senior Investigations Team Leader

EU- Mr. Flavio LAINA
Head of Unit G5, Cartels Directorate

Brazil- Mr. Alexandre Cordeiro
CADE General-Superintendent

Intelligence gathering through leniency

The role of leniency applicants: Acting primarily as a source of information regarding prior events. If utilized correctly, they can also work with intelligence operatives to provide other relevant information.

Sweden- Ms. Eva Persson
Legal counsel

Hong Kong- Mr. Jindrich KLOUB
Executive Director (Operations)

Turkey- Mr. Hüseyin COŞGUN
chief competition expert & acting legal counsel

EU NGA- Mr. Kris van Hove
partner, Van Bael & Bellis, Brussels

Sharing information and collaboration among governmental agencies- Opportunities, challenges and ideas for fruitful cooperation aimed at enhancing deterrence in antitrust offenses

Cooperation with other governmental agencies can be challenging since each has its own goals, procedures, manpower etc.  The discussion is also aimed to raise questions such as how do we build trust between agencies in order to share information, how can other governmental agencies contribute to enhancing deterrence in antitrust offenses, etc.

Israel- Mr. Yoav Tellem
head of investigation branch, National Financial Crime Investigation Unit, YALAK

Korea- KFTC- Mr. Byung Hoon Ahn
Director- International Cartel Division, Cartel Bureau

Lithuania- Ms. Irma Urmonaitė
Head of Anti-competitive Agreements Investigation Division

Italy (moderator)- Mr. Renato Ferrandi
Senior Official, International Affairs

Portugal- Ms. Sara Sousa
Legal Adviser in the Restrictive Practices Department

Japan- Mr. Yukinari SUGIYAMA
Director General, Criminal Investigation Department, Investigation Bureau

Lunch

 12:45 - 14:00

Break Out Session

 14:00 - 15:30

Leniency- dealing with collaborators inside cartelistic organizations/ dealing with immunity applicants

After accepting them into the leniency program, the agency is invested in the applicant and has a great incentive to continue collaboration. Leniency applicants may be difficult to cooperate with due to differences in interests. Some may need constant care to make sure they stay in line. Some may need assistance to minimize risks and assure the success of the investigation. 

DOJ- Mr. Michael Loterstein
Assistant Chief, Chicago Field Office, USDOJ Antitrust Division

Spain- Ms. Isabel López Gálvez
Head of the Cartel and Leniency Unit

Australia- Ms. Leah Won
Deputy General Manager, Cartels Branch

UK- Mrs. Deborah Wilkie
Director – Civil Cartel Enforcement

Work products of the ICN Cartel WG: SG1 Leniency project

Discussion on how to incentivise leniency applications by boosting the incentives and finding ways to tackle any disincentives. How the ICN can contribute.  

EU- Ms. María Luisa TIERNO CENTELLA
Deputy Head of Unit G1, Cartels Directorate

EU NGA- Mr. Johan Ysewyn
Partner, Brussels/London, Global Co-Chair Antitrust Group, Covington & Burling LLP

Hong Kong- Ms. Charlotte HO
Manager I (Operations)

Hungary- Mr. József SÁRAI
Head of International Section

Immunity from civil compensation

Cartel participants may be deterred from cooperation if it will result in increased liability on the civil side. What actions can jurisdictions take to lessen this concern and encourage cooperation while still allowing victims recovery?

DOJ- Mr. Frank Cavanagh
Assistant Section Chief, New York Field Office

Israeli NGA- Mrs.Tal Eyal-Boger
Partner, Fischer Behar Chen Well Orion & Co

Canada NGA- Mr. Subrata Bhattacharjee
Partner, Borden Ladner Gervais LLP

Spain- Ms. María Álvarez
Deputy Head of the Cartel and Leniency Unit

How to make intelligence work

Although intelligence has the potential to uncover cartels and make ex-officio investigation, successful, gathering intelligence data is complex and delicate. There are different methods and tips to avoid mistakes and to manage intelligence wisely.

Israel- Mr. Haim Arbiv
Head of investigation and intelligence department

DOJ- Special Agent Devon Mahoney
Program Manager, International Corruption Squad, Federal Bureau of Investigation

Sweden-  Mr. Alexander Weidstam
Senior economist

 

Practical exercise

 14:00 - 15:30

practicing searches and questioning (Agency only)

Break

 15:30 - 16:00

Plenary 2

 16:00 - 17:30

International Cooperation among Competition Agencies

The effects of cartels do not stop at national borders and successful prosecution of international hard core cartels requires effective international co-operation. What are the experiences with coordinated cross-border investigations to date? How do agencies promote incentives to co-operate of companies involved in multiple cartel investigations? What tools do agencies have to exchange information in cartel cases?

DOJ- Mr. Makan Delrahim
Assistant Attorney General, Antitrust Division

OECD- Mr. Antonio Capobianco
Senior Competition Expert, Acting Head of the Competition Division

Canada- Ms. Ann Salvatore
Acting Deputy Commissioner, Cartels Directorate, Competition Bureau Canada

EU- Mr. Cecilio Madero Villarejo
Deputy Director-General DG COMP

Japan- Ms. NAOKO TERANISHI
Director of Fair Competition Inspection Office, Investigation Bureau

Investigations

Breakfast

08:15 - 09:00

Breakfast session‏

 08:15 - 09:00

The new OECD private international cartel database

The OECD has recently acquired the Private International Cartels database developed by Professor John Connor. This database provides extensive statistics on private cartels with an international dimension. The OECD is currently in the process of checking and updating the data, after which the database will be released publicly. This session will introduce the tool and provide a forum for discussion about potential uses.

Practical exercise‏

 09:00 - 10:15

Practicing searches and questioning (Agency only)

plenary 3‏

 09:00 - 10:15

How to prepare an investigation case in the era of big data/ antitrust and computer forensics - big data - data screening

Big data risks drowning the agency with too much information, crippling the limited resources available. Old methods are not cost effective. New methods require adaptation. Agencies can share experience in these matters.

Russia- Mr. Andrey Tzarikovsky
Deputy Head of FAS-Russia, Stats-Secretary

Canada- Ms. Ann Salvatore
Acting Deputy Commissioner, Cartels Directorate, Competition Bureau Canada

France- Mr. Stanislas MARTIN
General Rapporteur

UK- Mr. Sean McNabb
Assistant Director, Investigation and Intelligence

Portugal- Mr. Pedro Marques Bom
AdC’s General Director of Investigation

Break

 10:15 - 10:45

Mini plenary

 10:45 - 12:15

Building investigation capabilities

What does it take to build an investigations department capable of conducting investigations and capable of performing effective searches and questioning techniques?

OECD-  Mrs. Sabine zigelski
Senior Competition Expert

Israel- Mr. Haim Arbiv
Head of investigation and intelligence department

Romania- Ms. Irina Popovici
Head of Cartel Unit

New Zealand- Mr. Barrie Sutton
Principal Investigator, Trade Practice Investigations, NZ Commerce Commission

Ireland- Mr. Paul Hanna
Deputy-director Criminal Enforcement

Korea- MOJ- Dr. Yong Lim

How to manage an investigation being conducted simultaneously in several countries

Issues to take into account when cooperating on specific cases as from the start of a case and throughout the investigation: challenges for enforcers and challenges for private practitioners.

EU NGA- Mr. Christof Swaak
Partner, Stibbe N.V

Japan- Mr. Kohei YAMAMOTO
Chief Investigator, Investigation Bureau, JFTC

DOJ- Mr. James Fredricks
Acting Chief, Washington Criminal 2 Section, USDOJ Antitrust Division

France- Mr. Umberto Berkani
Deputy General Rapporteur

Effective dawn raids/ communication during dawn raids/ organizing an International dawn raid

This panel will share valuable recommendations and strategies for conducting effective dawn raids and organizing international dawn raids.

Canada- Mr. Simon Bessette
Senior Competition Law Officer, Cartels Directorate, Competition Bureau Canada

Brazil- Mr. Alden Caribe
chief of staff, General Superintendence

Singapore- Mr. Lee Cheow Han
Assistant Chief Executive (Legal, Enforcement and Consumer Protection)

Kenya- Gideon Mokaya
Manager Enforcement & Compliance

Lunch

 12:15 - 14:00

Break Out Session

 14:00 - 15:30

Solving confidentiality and privacy issues with computer data and cellphones. Tackling legal and jurisdictional challenges relating to cloud data

Traditional evidentiary rules and practices are sometimes incompatible with new technology. The dual use of cellphones as tools to commit cartel violations and simultaneously as a private communication device creates many legal dilemmas.

Japan- Mr. Tetsuya KANDA
Senior Planning Officer, Investigation Bureau, JFTC

Israel Mrs. Ariella Justman
Deputy head of dept., investigations

Austria- Mr. Maximilian Mertel
Senior case handler

Ireland- Ms. Colette McGuigan
Senior Investigator

Scoping and focusing in an investigation- cartel settlement mechanisms

Settling a cartel investigation may be an option in certain cases and this session will discuss the implications, if any, the possibility of a settlement may have on the scoping and focus of an investigation. Whether through settlement or otherwise, the agency should possess sufficient evidence to show the existence of the cartel and to impose, or argue for the imposition of, an effective and deterrent sanction.  What kind of evidence should the agency collect during the investigatory stage in order to achieve these goals and by what means should they collect the evidence? How, if at all, do the considerations of a possible settlement affect the agency’s approach to the investigation?

Israel- Mr. Asher Goshen
Vice Legal Counsel

DOJ NGA- Mr. Craig Lee
Partner, Baker McKenzie

EU- Ms. Kristina TODOROVA-MILANOVA
Case handler, Unit G2, Cartels Directorate

Hong Kong- Mr. Jindrich Kloub
Executive Director (Operations)

Conflict of interests in representation during interrogation

Where personal liability applies, different employees may have different considerations regarding cooperation and statements to the agency and these interests may in turn differ from those of their colleagues, and of their corporate employer. This can impact the ability of one lawyer or even one law firm to represent the different employees and the company during the investigation. Identifying and dealing with such potential conflicts requires planning and sensitivity.

Israel NGA- Mr.Matan Meridor
Head of competition and antitrust, Agmon & Co

Japan NGA- Mr. Atsushi YAMADA
Lawyer of Anderson Mori & Tomotsune

Canada NGA- Mr. Mark Katz
Partner, Davies Ward Phillips & Vineberg LLP, Canada

Hong Kong- Diana Pang
Head Investigation

Practical exercise

 14:00 - 15:30

Practicing searches and questioning (Agency only)

Break

 15:30 - 16:00

plenary 4

 16:00 - 17:30

The Agency and the judiciary – persuading judges about the harm of cartels and withstanding judicial scrutiny

Educating judges about the effects of cartels is not an easy task. On the one hand, the per se prohibitions do not require proving harm; on the other hand judges and damage claimants might expect from the agencies that they quantify the effect. Proving that a cartel caused harm de facto requires proving what would have been the price in a theoretical competitive world, as compared to the situation of the cartel. Cartels may have other effects that are hard to quantify. Should an agency try to overcome these obstacles and give courts some proof of part of the cartel damages? How can it be done?

Israel- Ms. Michal Halperin
Director General

Lithuania- Mrs. Dina Lurje
Council Member

Mexico- Mr. Sergio López
Head of the Investigative Authority

Netherland NGA- Mr. Jolling De Pree
Partner of De Brauw Blackstone Westbroek

Sweden- Ms. Eva Persson
legal counsel

Gala Dinner

The Yitzhak Rabin Center

 19:00 - 22:30

Legal Enforcement

Breakfast

08:30 - 09:00

Mini plenary

 09:00 - 10:30

Fines – finding the right balance

How to balance between a fine that will deter the company on the one hand, but on the other hand will not harm competition by causing the collapse of the company?

DOJ NGA- Mr. Phil Warren
Partner, Covington & Burling

EU- Mr. Kris DEKEYSER
Director Directorate A Policy and Strategy

El-Salvador- Ms.  Maria Renderos
Case handler

Canada NGA- Mr. Guy
Pinsonnault

Germany- Ms. Katrin Roesen
Head of Special Unit for Combating Cartels

Indictments – when are many too many

Cartel cases sometimes involve several entities and several executives within each entity that were part of executing the cartel. How should the agency choose where to put the focus, and whom to indict in order to avoid heavy burden and complications in the procedure itself and on the court?  How should the agency streamline the number of counts (e.g., narrow the number of products or tenders, narrow the charges based on the type of evidence)?  

Israel- Judge Nava Ben-Or
Judge (retired)

Australia- Mr. David Bahlen
Assistant Director at the Commonwealth Director of Public Prosecutions

Canada- Mr. Simon Bessette
Senior Competition Law Officer, Cartels Directorate, Competition Bureau Canada

How to prepare and present a case in the era of big data

Innovative data management techniques and sophisticated search tools enable us to analyse increasing amounts of data for our investigations nowadays.  At the same time, with increased sophistication comes increased risk that errors in data management undermine the credibility of parties before a court, tribunal or agency. This session will discuss best practices on gathering and filtering of evidence. The participants are encouraged to share their experiences on data management tools and use of artificial intelligence that enable navigation through large volumes of data to support cartel prosecution and defense.

Israel- Mr. Assaf Moses
Deputy Legal Counsel

EU NGA- Mr. Marc Hansen
Partner, Latham & Watkins, London and Brussels offices

Germany- Mr. Christof Vollmer
Rapporteur

Australia- Mr. Rob Ghali
General Manager, Cartels Branch

Break

 10:30 - 10:45

Break Out Session

 10:45 - 11:45

Work products of the ICN Cartel WG: SG2 Development of private enforcement project

The ICN Cartels Working Group (sub-group 2) is finalising its chapter on developments in private enforcement in competition law. Private enforcement has the potential to change the competition enforcement landscape. Issues dealt with in the chapter include general principles relating to the interaction between private enforcement and public enforcement, as well as specific issues on liability and collective redress.

Netherland- Ms. Anke Prompers
Head Litigation Team

EU NGA- Ms Ingrid Vandenborre
Partner, Skadden Arps Slate Meager & Flom LLP

Russia- Ms. Lesya Davydova
Head of International

France NGA- Ms. Anne Wachsmann
Advocate – Partner, Competition/ Antitrust, Linklaters

Brazil- Mr. Alden Caribé de Sousa
Chief of staff and Head of the Leniency unit

Appeals

Judicial insights in competition law appeal cases is the subject of this session. The ICN Cartel Working Group is honored to welcome judges from the European General Court in Luxembourg, and Isreal Supreme Court to participate in this session. We will be discussing the types of issues that can cause difficulties for judges in appeals of cartel cases, and what they think the greatest challenge is for agencies in defending cartel cases.

Netherlands- Mrs. Monique van Oers
Director Legal Affairs

EU Judge- Mr. Alexander Kornezov
Judge at the General Court of the EU

Israeli Judge- Mr. Ofer Grosskopf
Supreme Court of Israel

Using economic analyses to evaluate the effect of a cartel

Enforcement against cartels is criminal in some jurisdictions. The panel will discuss what role economic analyses should have in a criminal regime: should enforcement be strictly based on per se rules, or should economic analyses be required to prove liability and/or to determine the severity of punishment? If economic analyses is used, what should be the standard of proof?

Israel- Dr. Yair Eilat
Chief economist

Prof. John M Connor
Professor Emeritus, Purdue University

Prof. Barak Orbach
Professor of Law, The University of Arizona College of Law

Prof. Carlos Ragazzo
Law Professor, FGV

Netherland- Ms. Siún O'Keeffe
Manager ACM Academy

Working with external lawyers in administrative and prosecutorial systems

What different roles do external lawyers play in administrative and prosecutorial systems?  How can competition agencies collaborate effectively with external lawyers to achieve efficient outcomes in both administrative and prosecutorial systems?  How does the role of an independent prosecutor affect the way in which competition agencies deal with external lawyers?

Hong Kong- Mr. Lester LEE
Head (Litigation)

New Zealand- Mr. Grant Chamberlain
Trade Practices Manager, NZ Commerce Commission

UK- Mrs. Deborah Wilkie
Director – Civil Cartel Enforcement

Finland- Ms. Riina Autio
Research Officer

Singapore- Ms. Qiu Huixiang
Senior Assistant Director, Enforcement Division

Summary and farewell

 12:00 -12:30

 

Ms. Michal Halperin, Director General
Israel Antitrust Authority

SG2 Cartel WG co-chair- Russia- Mr. Andrey Tzarikovsky
Deputy Head of FAS-Russia, State Secretary

Half day trip to Tel Aviv. Estimated end time 18:00

 12:30 -18:00

Half day trip to Jerusalem. Estimated end time 20:00

 12:30 -20:00

Half day trip to The Dead Sea: Estimated end time 22:00

 12:30 -22:00

Location - Dan Tel Aviv Hotel

The Dan Tel Aviv Hotel reflects Tel Aviv’s dynamic lifestyle. The first luxury Tel Aviv hotel in Israel’s first Jewish city, the Dan Tel Aviv has always been a prime venue for statesmen, politicians and artists who gathered here from the earliest years of the state of Israel. Considered the Tel Aviv hotel of choice, the Dan Tel Aviv is justly renowned for its prime location overlooking the mediterranean and splendid beaches, and the city’s famous seafront promenade bustling with happy strollers. Designer stores, commercial centers and the city’s famed nightlife attractions are all on your doorstep.

Events

Cocktail Reception

 

We are pleased to invite you to a Cocktail Reception.
WHERE - Yam Hall at the Venue , Dan Tel Aviv Hotel,
WHEN- 6 pm


 

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Gala Dinner

 

We are pleased to invite you to a Gala Dinner,                                              at the Yitzhak Rabin Center, Tel Aviv.
WHEN- 7 pm.

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The event will include dinner and a performance by Lior Suchard. Suchard is an Israeli mentalist and self-described "mystifier" who performs "supernatural entertainment", where he delves into your innermost thoughts and knows what you are going to say even before you do.
Considered one of the world's greatest mentalists, Suchard performs Internationally and has a sizable global following.

 

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Half Day Trip

We are happy to invite you for a half day trip on 18 October 2018; click on the image and choose your preference on the registration form.

Accommodation

We are pleased to inform you that we have secured special prices for ICN Workshop participants for accommodation during the conference.

In order to benefit from this discount, please specify that you are guests of the ICN Workshop.

FAQ

Officials from competition agencies and multilateral institutions, which are members of the ICN. Participation of Non-Governmental Advisors is by invitation only.

Register by filling in the online registration form on the website. Once we receive the registration form, you will receive a confirmation email.

No, there is no participation fee. However, participants or their institutions/agencies are responsible for covering travel, accommodation and other related costs.

Your participation in the Workshop will be confirmed by an email from the Israeli Antitrust Authority, which will be sent following your registration in the system.

No, registration at the Workshop will not be possible. Please note that pre-registration online is required for all participants.

Participants will receive a printed copy of the agenda at the conference. Materials will be available on the Workshop website for download.

No, participants are encouraged to bring their own devices.

There will be free Wi-Fi connection at the conference venue.

You are kindly requested to wear business casual. Please note that the average temperature in Tel Aviv in October is 25 C (77 F).

Participants must make their own travel and accommodation arrangements. Special rates have been negotiated with The Dan Hotel and other hotels nearby. Please go to the Accommodation section of this website for information on the hotels.

Please go to the Ministry of Foreign Affairs site: http://mfa.gov.il/MFA/ConsularServices/Documents/VisaRequirements-Tourists.pdf  to get more information on entry requirements. If you need an international visa invitation letter from the Israeli Antitrust Authority, please click "Yes" on this section on the registration form or contact us.

No, you will have to make your own arrangements to get to your hotel and the conference venue. The Israel Antitrust Authority will provide transportation to all activities during the Workshop days.

The currency used in Israel is New Israeli Shekel. For current exchange rates, please click here.  

 

Israel has two official languages: Hebrew and Arabic.
Most residents also speak English.

It is highly recommended that all participants carry an adequate travel and health insurance, as the organizers of 2018 ICN Cartel Workshop cannot accept any liability for accidents, illnesses or injuries that may occur during the Workshop.

You are advised to obtain travel/medical insurance. The Israel Antitrust Authority is not responsible for any issues relating to travel/medical insurance. You may also wish to keep your embassy informed about your visit. In case of an emergency, dial 100 free of charge.

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