Antitrust Code by Concurrences

Key Insights on Digital Mergers, Antitrust Frameworks, and the Impact of the Draghi Report with Neil Dryden (Compass Lexecon) and Olivier Guersent (DG COMP)

In this new episode, Neil Dryden (Compass Lexecon) interviews Olivier Guersent (DG COMP) on Key Insights on Digital Mergers, Antitrust Frameworks, and the Impact of the Draghi Report. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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1. Fiona Carlin, I. Europe’s response to a shifting world order and the implications for EU competition policy, February 2025.

2. Irene de Angelis, II. Draghi Report - A new competition tool: A necessary renewal of existing practices?, February 2025.

3. Arianna Andreangeli, A new agenda for growth: The Draghi report and competition policy, February 2025.

4. James Killick, Assimakis Komninos, Tilman Kuhn, Strati Sakellariou-Witt, Giulio Preti, The EU Commission publishes the Draghi Report calling for changes to State Aid and competition policy, 9 September 2024.

Big Tech, AI Partnerships & Antitrust: Navigating Competition in the Digital Age with Douglas Ginsburg (U.S. Court of Appeals) and Jorge Padilla (Compass Lexecon)

In this new episode, Jorge Padilla (Compass Lexecon) interviews Douglas Ginsburg (U.S. Court of Appeals) on the Big Tech, AI Partnerships & Antitrust: Navigating Competition in the Digital Age. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.  

If you would like to read more about this conference, check this page.

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. Xénia Brun, Antitrust and the Digital Economy: Legal Standards, Presumptions, and Key Challenges, January 2025.

2. J. Clayton Everett, Jr., Brendan Fee, Joshua Goodman, Minna Lo Naranjo, Rishi Satia, Braden Fairweather, The US FTC and DoJ jointly withdraw the Antitrust Guidelines for Collaborations Among Competitors, 11 December 2024.

3. Christophe Carugati, Rima Alaily, Gregor Langus, Norbert Maier, Rashid Muhamedrahimov, Tone Oeyen, Yesim Yargıcı, Rafael Longo, Marta Rocha, Friso Bostoen, Anouk Van der Veer, Artificial Intelligence and antitrust, May 2024.

4. Barbara T. Sicalides, Brett E. Broczkowski, The US FTC launches an inquiry into generative AI investments and partnerships by dominant companies to ascertain if they could distort innovation and undermine fair competition (Alphabet / Amazon / Anthropic / Microsoft / OpenAI), 25 January 2024.

5. Richard S. Taffet, Marc Rysman, Katie Glynn, Jonathan M. Jacobson, Linda Cenedella, Joanna Christoforou, Nicholas Pellow, Jon R. Roellke, Jorge Padilla, Albert Riera, Xavier Vives, Rainer Schwabe, Tech’s Impact on Financial Services Competition, November 2021.

DOJ's Antitrust Battles: Google, Algorithms, and Big Tech with Peter Mucchetti (Clifford Chance) and Aaron D. Hoag (U.S. Department of Justice)

In this new episode, Peter Mucchetti (Clifford Chance) interviews Aaron D. Hoag (U.S. Department of Justice) on DOJ's Antitrust Battles: Google, Algorithms, and Big Tech. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. 

If you would like to read more about this conference, check this page.

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. Daniel Gilman, Jonathan M. Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025.

2. Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025.

3. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024.

4. Irving Scher, How the FTC can harmonize its rejuvenated Robinson-Patman Act enforcement with contemporary antitrust policies, November 2024.

5. Herbert Hovenkamp, James A. Keyte, Herbert Hovenkamp (University of Pennsylvania): The need for objective measures in antitrust law, September 2024.

Has the Biden Administration Changed Antitrust? Discussion between Daniel Francis (NYU School of Law) and Andrew Finch (Paul, Weiss)

In this new episode, Daniel Francis (NYU School of Law) and Andrew Finch (Paul, Weiss) deliver an Opening Fireside Chat on the question: Has the Biden administration changed antitrust? This discussion occur at the Global Antitrust Economics conference in New York on November 12th, 2024.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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If you would like to read more about this conference, check this page.

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. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024

2. US Department of Justice Antitrust Division, The US Court of Appeals for the First Circuit affirms the blocking of 2 major airlines’ non-compete agreements in the Northeast (American Airlines / JetBlue), 8 November 2024

3. Ryan K. Quillian, Pegah Nabili, The US FTC and DoJ publish the HSR Annual Report for 2023 showing historically low levels of merger enforcement, 10 October 2024, e-Competitions October 2024

4. US Federal Trade Commission, The US FTC unanimously votes in favour of changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024

5. David B. Schwartz, Rebecca A. D. Nelson, Emilee L. Hargis, Stephen Scannell, The US District Court for the Western District of Washington highlights risks and impacts from using pricing algorithms in a case brought by the FTC against a Big Tech company (Amazon), 30 September 2024.

6. Jamillia Ferris, Meghan Rissmiller, Jan Rybnicek, Matthew D. McDonald, Sam Fulliton, The US FTC and DoJ issue final merger guidelines which represent a significant departure from the 2010 Guidelines and reflect the expansive enforcement approach followed by current antitrust agencies’ leaderships, 18 December 2023.

7. Karen M. Lent, Kenneth Schwartz, The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers, 18 January 2022.

Article 102 Guidelines: Discussion between Nicholas Khan KC (Monckton Chambers) and Christian Ahlborn (Covington & Burling)

In this new episode, Nicholas Khan KC (Monckton Chambers) and Christian Ahlborn (Covington & Burling) deliver a Closing Fireside Chat on Article 102 Guidelines at the New Frontiers of Antitrust conference in Paris on November 22nd, 2024.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. 

If you would like to read more about this conference, check this page.

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. Marie Cartapanis, Claire Mongouachon, AEC Test : The Court of Justice of the European Union dismisses an appeal brought by the European Commission and rules on the application of the most effective competitor test (Intel), 24 October 2024.

2. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024.

3. Elisabetta Rotondo, The EU Court of Justice hands down a judgement finding that a football association’s rules which preclude the creation of competing associations breach the EU competition law (ESLC / UEFA / FIFA), 21 December 2023.

4. Giovanni Pregno, The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia), 19 January 2023.

5. Anne Wachsmann Guigon, Nicolas Zacharie, Daniel Green, Notion of abuse: The European Court of Justice specifies the criteria to be used to qualify the abuse of a dominant position characterised by exclusionary practices (Servizio Elettrico Nazionale), 12 May 2022.

6. James Killick, Jacquelyn MacLennan, Mark Powell, The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC, 24 February 2009.

 

Artificial Intelligence and Competition Policy

Join us for an engaging discussion with Thibault Schrepel and Alden Abbott, editors of the book Artificial Intelligence and Competition Policy, released by Concurrences. In this comprehensive dialogue, Schrepel and Abbott delve into the critical issues at the intersection of artificial intelligence and competition law, as explored by leading contributors in this volume.

The book offers a provocative look at key areas of competition-related AI scholarship. It serves as a valuable resource for legislators, policymakers, and enforcers to assess how competition law can be adapted to confront the challenges of AI.

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

Read the full transcript on Spotify or Apple Podcasts and watch the video version on YouTube.

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Keynote Speech by Margrethe Vestager (European Commission) on the importance of competition policy in enhancing EU competitiveness

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.

Read the full article on our website.

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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. Veronica Roberts, Kyriakos Fountoukakos, Eric White, Daniel Barrio, David Rasche, Dejan Einfeldt, Ruth Allen, The EU Commission announces 5 initiatives aimed at enhancing EU economic security in the face of risks arising from increased geopolitical tensions and accelerated technological shifts, 24 January 2024.

2. Laura Corbett, Florian Deuflhard, Stefan Frübing, Leonor Bettencourt Nunes, Thorsten Schiffer, Ariti Skarpa, The EU Commission investigates a proposed acquisition by a global software company prior to the abandonment of the merger by the parties (Adobe / Figma), 17 November 2023.

3. Simon Vande Walle, Conglomerate effects: The European Commission prohibits a dominant hotel booking platform from acquiring a flight booking platform based on an “ecosystem theory of harm” (Booking.com / eTraveli), 25 September 2023. 

4. Marie Cartapanis, Equal access: The European Commission accepts commitments offered by an operator consisting of preventing it from using the data of active sellers and ensuring equal access to its market place and subscription program (Amazon), 20 December 2022.

5. Nicholas Levy, Henry Mostyn, Paul Stuart, Patrick Todd, The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price-based abuses of dominance (Google Android), 14 September 2022.

6. Frédéric Pradelles, Mary Hecht, The EU General Court confirms the Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping), 10 November 2021.

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.

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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. 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

EU Competition Insights: Navigating Policy and Reforms with Interview Martijn Snoep (Netherlands Authority for Consumers & Markets) and 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 on the EU Competition Insights: Navigating Policy and Reforms.

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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. Richard Whish, Dirk Middelschulte, Daniel Green, Marceline Tournier, Jorge Padilla, Assimakis Komninos, Angélique de Brousse, Philippe Croene, Grania Holzwarth, The new EU Commission competition policy, November 2024.

2. Frank Montag, Björn Sijtsma, Draghi Report: Revamping competition law to overcome the productivity gap?, November 2024.

3. Kyriakos Fountoukakos, Camille Puech-Baron, Ruth Allen, The EU Commission publishes the "Draghi report" on the future of European competitiveness, 9 September 2024.

4. Luca Arnaudo, New competition regulatory tools: Towards a structure-behavior-performance framework, September 2024.

5. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024.

Abuse of Platform Power with Friso Bostoen (Tilburg University)

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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