Rome 23-24 June 2011
The Economist and the Judge
Private Litigation and Damage Assessment in Antitrust and IPRs Cases

  DAY 1 - Thursday, June 23th  

14.00 - Registration
14.30 - Welcome address

First Session - The EU, National Courts and the US
What is the plan of the European Commission to foster damage actions by the victims of antitrust infringements? What part of this plan has been already accomplished and what remains to be done? Is this plan appropriate? Should we expect an increase in law suits? To what extent this increase (if any) will be made also of unmeritorious cases? Does Europe lag behind the US in the development of an efficient system of private enforcement? Is this really a curse or is the US system which has been pushed too far? Are national judges already well-equipped to deal with these cases? Are the procedures for private litigation appropriate in the European Member States? What about the resources?

Mario SIRAGUSA, Cleary, Gottlieb, Steen & Hamilton LLP

Carles ESTEVA MOSSO, DG Competition – European Commission
Jacqueline RIFFAULT SILK, Commercial Chamber of the Cour de Cassation, Paris
Massimo SCUFFI, Tribunale di Aosta
Victoria A. LAZEAR, Cornerstone Research


16.30 - Coffe break

Second Session - Intellectual Property Rights
Is there any substantial difference between the assessment of damages in antitrust cases and IPRs infringements? Do antitrust and IPRs cases bring any real novelty in the work of judges, or it will be “business as usual” for them? What are the specificity of cases that involve infringements of IPRs?

Cristiana VITALE, Lear

Giorgio FLORIDIA, Università Cattolica di Milano
Gabriella MUSCOLO, Tribunale di Roma
Vincenzo DENICOLO’, Università di Bologna
Giuseppe ROSSI, IULM Milano


19.00 - Cocktail party

  DAY 2 - Friday, June 24th  

First Session - Antitrust
Are judges aware of the role that economics can play in antitrust damage cases? Are the methods that economists employ too obscure or prone to manipulation to provide a reliable basis for a decision? Are firms resistant to the use of economists in the assessment of damage? Do firms understand the role that economists vs other possible advisers, such as accountants, can play in these cases? Do firms find the analyses and methods employed by economists too difficult to understand? Or do they believe that judges would not rely on them?

Alberto PERA, Gianni, Origoni, Grippo & Partners LLP

Peter DAVIS, UK Competition Commission
Gunnar NIELS, Oxera
Ioannis LIANOS, University College London


11.00 - Coffe break

Second Session - Class action
Do final consumers have really access to a fair compensatory measures? What is the situation with regard to class actions? Are they happening in the EU? What could be done to foster them, while avoiding unmeritorious cases? Have they really provided a fair compensation to the damaged consumers? Is the Italian legislation capable of supporting class actions? Are firms worried by the possibility of class actions? What roles can economists play?

Claudio TESAURO, Bonelli Erede Pappalardo LLP

Paolo PALMIGIANO, Lloyds Bank Group
Luciano PANZANI, Tribunale di Torino
Luigi PROSPERETTI, Università di Milano


Presentations will be either in English or in Italian but simultaneous
translation will be available

Italian lawyers get 8 credits from the BAR Association for attending