Antitrust Code by Concurrences

Keynote Speech by Margrethe Vestager (European Commission)

In this new episode, Margrethe Vestager (European Commission) delivers a keynote speech at a reception held in her honour in Paris on October 30th, 2024.

In her speech, she celebrates Concurrences' 20th anniversary and emphasizes the importance of competition policy in enhancing EU competitiveness, especially amid the green and digital transitions. It highlights the recent focus on resilience, innovation, and fair competition, addressing market power concentration and unfair practices. New tools like the Digital Markets Act (DMA) and Foreign Subsidies Regulation were created to ensure fair digital competition and tackle foreign subsidies. Collaboration with international partners, especially the U.S. and UK, is essential to address global competition challenges. Lastly, M. Vestager underscores that competition policy should safeguard democracy and empower citizens against rising economic and political power concentration.

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Interview of Alberto Bacchiega (DG COMP) by Aleksander Tombiński (Clifford Chance)

In this new episode, Aleksander Tombiński (Clifford Chance) interviews Alberto Bacchiega (DG COMP) after the Antitrust Horizon: Meet the Enforcers workshop.

If you want to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

1. Concentrations in the digital sector: Interplays between the DMA and EU merger control

2. The EU General Court confirms the Commission decision designating a video-sharing platform as a gatekeeper under the DMA (TikTok)

3. Digital Markets Act : The European Commission informs a major technology company of its preliminary findings that the "pay or consent" advertising model does not comply with the DMA (Meta)

4. Digital Markets Acts: The European Commission announces its preliminary findings on the steering rules of a big tech company and initiates an investigation into compliance with Article 6(4) of the DMA regarding the installation of third-party applications or digital storefronts (Apple)

5. The new digital landscape: Interaction between the DMA and rules of national and EU law governing the conduct of gatekeepers

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Interview of Martijn Snoep (Netherlands Authority for Consumers & Markets) by Neil Dryden (Compass Lexecon)

In this new episode, Neil Dryden (Compass Lexecon) interviews Martijn Snoep (Netherlands Authority for Consumers & Markets) before the Antitrust Horizon: Meet the Enforcers workshop.

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If you want to read more about this topic, check the Concurrences website, where you can find all relevant articles.

If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

Abuse of Platform Power with Friso Bostoen

Join us for an engaging discussion with Friso Bostoen about his latest book, "Abuse of Platform Power: Leveraging Conduct in Digital Markets under EU Competition Law and Beyond," released by Concurrences. In this comprehensive dialogue, Bostoen delves into the critical issues surrounding abuse of dominance in the rapidly evolving platform economy.

In this book, Bostoen provides an in-depth analysis of how traditional concepts of abuse of dominance apply in the context of digital platforms. The book begins with an examination of platform business strategies, setting the stage for a detailed exploration of various forms of leveraging abuse, including tying, refusal to supply, margin squeeze, and discrimination. Bostoen’s analysis is particularly relevant as he offers a fresh perspective on how these practices should be understood and addressed within the unique dynamics of the platform economy.

Explore the full scope of Friso Bostoen’s work and gain insights into one of the most pressing issues in modern competition law. For more details, visit the book’s page on Concurrences.

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A Discussion on the Egyptian Competition Regime, including the New Merger Control Framework with Dr. Mahmoud Momtaz (Egyptian Competition Authority)

In this new episode, Hugh Hollman (A&O Shearman) interviewed Dr. Mahmoud Momtaz (Egyptian Competition Authority) on where we are and what is to come for the New Egyptian Competition Regime.

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If you want to read more about this topic, check the Concurrences website, where you can find all relevant articles.

If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

1. Tamer Nagy, Nazly Khedr, The Egyptian Government publishes the implementing regulation on the amended Competition Act to herald a new merger control regime, 4 April 2024.

2. Hegui Taha, Maha El Meihy, Rana Moustafa, The Egyptian House of Representatives approves the amendments to the national Competition Law to herald landmark reforms in the merger control regime, 4 December 2022.

3. J. Mark Gidley, Tamer Nagy, Ahmad Ashraf, The Egyptian Government approves its first pre-notification merger regime, 25 November 2020.

4. Marianela López-Galdos, The Egyptian Prime Minister approves amendment to the national Competition Act granting independence of its Competition Authority, 18 December 2011.

Interview of Olivier Guersent (DG COMP) by Khushita Vasant (MLex)

In this live event, Khushita Vasant (MLex) is interviewing Olivier Guersent (DG COMP) on 20 years of competition policy and the first stage of implementation of the DMA.

If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

1. European Commission, The EU Commission designates a multinational booking platform as a gatekeeper in the online intermediation market (Booking.com), 13 May 2024.

2. Alain Ronzano, Digital Markets Act: The European Commission designates a Big Tech company as a gatekeeper under the Digital Markets Act with respect to its operating system for tablets (Apple), 29 April 2024.

3. US Department of Justice Antitrust Division, The EU Commission, US FTC and DoJ hold a joint technology and competition policy dialogue to strengthen cooperation and promote fair competition in the digital economy, 11 April 2024.

4. Alain Ronzano, Digital Markets Act: The European Commission launches five non-compliance investigations against GAFAMs, as well as two preliminary investigations on suspicion that four of the six gatekeepers are not fully complying with the obligations laid down by the DMA (Alphabet ; Apple ; Meta), 25 March 2024.

5. Alain Ronzano, Digital Markets Act : The European Commission designated gatekeepers who must comply with all obligations provided for by the regulation on digital markets (Apple, Alphabet, Meta, Amazon, Microsoft et ByteDance), 7 March 2024.

6. Alain Ronzano, Digital Markets Act : The European Commission concludes, after four market investigations, that certain platforms from the GAFAM should not be considered as gatekeepers (iMessage ; Bing ; Edge ; Microsoft Advertising), 13 February 2024.

7. General Court of the European Union, The EU General Court dismisses a video-sharing service provider’s challenge to its designation as a gatekeeper (Bytedance), 9 February 2024.

8. Thomas Graf, Robbert Snelders, Henry Mostyn, Sabrina Apitz-Grossman, Conor Opdebeeck-Wilson, Bianca Buzatu, The EU Commission designates the first set of gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft), 6 September 2023.

 

AI Antitrust with Yann Guthmann (French Competition Authority)

In this new episode, Fayrouze Masmi-Dazi (Dazi Avocats) interviewed Yann Guthmann (French Competition Authority) on where are we and what is to come for Artificial Intelligence Antitrust.

 

Video available on Concurrences Youtube channel

 

If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

 

If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

1. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024.

2. UK Competition Authority, The UK Competition Authority seeks views on whether partnerships, hiring of former employees and other arrangements among AI companies, comply with UK merger regulations (Microsoft / Mistral AI / Amazon / Anthropic / Microsoft / Inflection AI), 24 April 2024.

3. Henry Mostyn, Anders Jay, Aleksandra Katolik, Ghazzal Maydanchi, The UK Competition Authority publishes its updated review of AI Foundation Models which highlights that the sector is developing in ways that risk negative market outcomes, 11 April 2024.

4. French Competition Authority, The French Competition Authority initiates ex officio inquiries and launches a public consultation into generative artificial intelligence, 8 February 2024.

5. German Competition Authority, The German Competition Authority announces that the investments and cooperation between a Big Tech and an artificial intelligence company are not subject to merger control (Microsoft / OpenAI), 15 November 2023.

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Merger Control & FDI

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1. Nicole L. Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond Jacobsen, The US FTC and DOJ propose new draft Merger Guidelines which introduce substantial changes including reduction in the threshold for presuming competitive harm in horizontal mergers and a new structural presumption for vertical mergers, 19 July 2023

2. Craig A. Waldman, Aimee E. DeFilippo, Michael A. Gleason, Michael H. Knight, Jeremy P. Morrison, Pamela L. Taylor, Ryan C. Thomas, The US FTC and DOJ propose important changes to Hart-Scott-Rodino Act for premerger filings, 29 June 2023

3. Gabrielle Kohlmeier, Jennifer E. Mellott, Meghan Rissmiller, Mergers in the telecommunications sector: An overview of EU and US case law, 29 June 2023

4. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023

5. Nicholas Xenakis, Ryan K. Quillian, The US House of Representatives passes a legislative package updating legislation on antitrust, FDI and mergers, 29 September 2022

6. Marc Freedman, The UK Government publishes a report summarising FDI under the new screening regime, 16 June 2022

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Tech in Antitrust Podcast - Closing discussion

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Digital Regulations: Americas, EU, UK & Asia

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1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

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