Antitrust Code by Concurrences

How Tech Shapes the Future of Antitrust. A Discussion with David Tudor (Prosus) and Neil Dryden (Compass Lexecon)

In this new episode, Neil Dryden (Compass Lexecon) is interviewing David Tudor (Prosus) on how tech shapes the future of antitrust.

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Current competition enforcement tool for dealing with fast moving digital market with Alexandre Cordeiro Macedo (CADE)

In this new episode, Milena Robotham (Clifford Chance) is interviewing Alexandre Cordeiro Macedo (CADE) on the current competition enforcement tool for dealing with fast moving digital market.

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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

Digital and Antitrust Policy by Margrethe Vestager (European Commission)

In this new episode, Margrethe Vestager (Vice President of the EU Commission) speaks on digital and antitrust policy at the Tech Antitrust conference held in Palo Alto on January 11, 2024 by Concurrences in partnership with Clifford Chance and Compass Lexecon.

 

Video available on Concurrences Youtube channel.

 

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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.

 

Judicial Review of Competition Cases in the US with Judge Douglas Ginsburg and Judge Diane Wood

A highly informative dialogue between Judge Douglas Ginsburg (US Court of Appeals) and Judge Diane Wood (US Court of Appeal), on the subject of the book "Judicial Review of Competition Cases", published by Concurrences.

In this episode, our guests continue to explore the framework and practice in relation to judicial review of competition cases across leading jurisdictions. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. 

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

Watch the video version of this episode here.

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1. Randolph Tritell, Abbott (Tad) Lipsky, Due process: A challenge to the international antitrust community, January 2025.

2. US Department of Justice Antitrust Division, The US DoJ withdraws from the 1995 bank merger guidelines and emphasises the 2023 Merger Guidelines as sole authority across all industries, 17 September 2024.

3. US Department of Justice Antitrust Division, The US DoJ and FTC jointly issue the 2023 Merger Guidelines which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions, 18 December 2023.

4. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 2023.

5. Diane Wood, Lina Khan, Diane Wood (US Court of Appeals for the Seventh Circuit) : Antitrust Law - The Tortoise or the Hare?, May 2021.

The ”Competition Law Treatment of Joint Ventures” with Neil Campbell, Renata Fonseca and Sonia Kuester Pfaffenroth

A comparative dialogue between Neil Campbell (Partner at McMillan), Renata Fonseca (Partner at Mattos Filho), and Sonia Kuester Pfaffenroth (Partner at Arnold & Porter), on the subject of the book "Competition Law Treatment of Joint Ventures", published by Concurrences.

Our guests continue the discussion into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. 

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

Watch the video version of this episode here.

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1. US Federal Trade Commission, The US FTC and DOJ jointly announce the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors, 12 December 2024.

2. Kenneth Schwartz, Rita Sinkfield Belin, Joseph F. Ciani-Dausch, The US FTC issues amendments to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024.

3. Brazilian Competition Authority, The Brazilian Competition Authority conditionally approves a 14-year extension term for the activities of an existing joint venture that provides video production and other services for the media sector (SBT / Record / RedeTV), 13 septembre 2023.

4. Anna Huttenlauch, Carolina Vidal, The Brazilian Competition Authority clears a landmark joint venture for the development of sustainability measurement software between leading traders of agricultural commodities (Cargill / Louis Dreyfus / ADM), 21 June 2023.

5. Eileen M. Cole, Anna Aryankalayil, Craig Falls, The US DOJ withdraws policy statements in the healthcare industry to signal increased scrutiny on mergers, joint ventures, group purchasing and information sharing, 3 February 2023.

Insights into the ”Competition Law Treatment of Joint Ventures”, with Alastair Mordaunt, Andrea Hamilton and Niko Hukkinen

Join us for an informative discussion between Alastair Mordaunt (Partner at Freshfields Bruckhaus Deringer), Andrea Hamilton (Partner at Milbank London), and Niko Hukkinen (Partner at Frontia Helsinki), on the subject of the book "Competition Law Treatment of Joint Ventures", published by Concurrences.

Our guests delve into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. 

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

Watch the video version of this episode here.

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

1. Sergio Sorinas, Khushbu Kumar, CEMAC merger control: Towards an empowered regime (A practitioners’ guide), January 2025.

2. Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025.

3. Marta Sendrowicz, Agnieszka Kolasinska, Aleksander Braksator, The Polish Competition Authority revises its merger guidelines, providing clarity to merger control rules on the notification of extraterritorial joint ventures, 25 October 2024.

4. European Commission, The EU Commission forms a multilateral working group with leading Competition Authorities to exchange best practices on pharmaceutical mergers, 16 March 2021.

5. Dave Anderson, Paul Culliford, Surveying the surveys – The drive for implementation of the ICN’s recommended practices for merger notification and review procedures, September 2020.

A Discussion on the ”Judicial Review of Competition Cases” with Judge Douglas Ginsburg and Peter Freeman

Join us for a compelling discussion featuring Judge Douglas Ginsburg and Peter Freeman, former Chairman of the UK Competition Appeal Tribunal, as they explore the themes of the book Judicial Review of Competition Cases, published by Concurrences. This insightful dialogue will delve into the evolving role of judicial review in competition law.

This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. 

Explore the full scope of the intersection of judicial review with competition law, 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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1. Duncan Liddell, Steven Vaz, Natasha Gromof, The UK Competition Authority issues an updated guidance on the Phase II merger review process, 25 April 2024.

2. Bill Batchelor, Aurora Luoma, Nick Wolfe, Elizabeth Malik, The UK Court of Appeal delivers a landmark ruling clarifying the substantive standard of judicial review to be applied by the Competition Appeal Tribunal in merger cases (Cerelia / Jus-Rol), 11 April 2024.

3. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 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 Levy, Paul Gilbert, Alexander Waksman, Ranulf Outhwaite, Courtney Olden, The UK Parliament publishes an independent report on the state of national competition law, 16 February 2021.

Pierre Régibeau’s exit interview

In this new episode, Oliver Latham (Charles River Associates) is interviewing Pierre Régibeau (DG COMP). He reviews the key developments that took place during his term.

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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. 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  20232023

2. Géraldine Amiel, Alexis Galataud-Coskun, The EU Commission publishes the first ever European Economic Security Strategy, 20 June 2023

3. Bill Batchelor, Andreas Kafetzopoulos, The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which provide a stricter information exchange regime for competitors’ cooperation, 1 June 2023

4. Thomas Courbe, DSA / DMA: Now it’s time for a successful implementation !, May 2023

 

Foreign Subsidies with Margrethe Vestager

In this new episode, Margrethe Vestager (European Commission) speaks on Foreign Subsidies: Towards enforcement of the EU regulation conference organised by Concurrences in partnership with King & Spalding, Willkie Farr & Gallagher and Avisa Partners

Video available on Concurrences Youtube channel

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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. Lise Damelet, EU Foreign Subsidies Regulation, Global Dictionary of Competition Law, Concurrences, 1st February 2023 

2. Carole Maczkovics, Johan Ysewyn, Peter D. Camesasca, Sophie Bertin, Christian Ahlborn, Sibel Yilmaz, The EU Parliament and Council Foreign Subsidies Regulation designed to prevent the distortion of the internal market enter into force, 12 January 2023

3. European Commission, The EU Commission sees the Foreign Subsidies Regulation enter into force, 12 January 2023 

4. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023, 28 November 2022

5. Alain Ronzano, Competition policy: The European Parliament adopts by a large majority the regulation on foreign subsidies distorting the internal market, 10 November 2022

6. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Commission reaches agreement on foreign subsidies regulation with the new regime scheduled to enter into force in 2023, 30 June 2022

Mobile ecosystems with Michael Jacobides

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Michael Jacobides (London Business school) on Mobile ecosystems.

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

1. Japanese Competition Authority, The Japanese Competition Authority publishes a market study report on mobile OS and mobile app distribution, 9 February 2023

2. UK Competition Authority, The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google), 22 November 2022

3. Kathryn McMahon, USA: Monopolization of mobile ecosystems - The decision in Epic v. Apple, September 2022

4. Marie Cartapanis, Frédéric Marty, Relevant market: The General Court of the European Union upholds the Commission’s decision imposing a record fine on the dominant operator for strengthening its dominant position in the markets for general internet search services and intelligent mobile operating systems (Google / Android), 14 September 2022

5. UK Competition Authority, The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google), 26 May 20226. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021