Antitrust Code by Concurrences

Funding Private Enforcement with Deminor

In this new episode, Joeri Klein, Giacomo Lorenzo, and Felix Von Zwehl from Deminor discuss funding for private enforcement.

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1. European Court of Justice, The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet), 12 January 2023

2. Margot Vogels, Charlotte Nassogne, The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others), 10 November 2022

3. Lesley Hannah, Anna Stellardi, Sofie Edwards, The UK Competition Appeal Tribunal issues opt-out certification decision in a class action brought against a Big Tech by a consumer advocate (Liz Coll / Google), 31 August 2022 

4. Alain Ronzano, Sanction: The General Court of the European Union essentially upholds the fines imposed on the airlines in the air cargo cartel case (Airfreight cartel), 30 March 2022

5. Lochy Macpherson, Marc Barennes, Lochy Macpherson: Funding competition claims – What are the main trends?, February 2022

6. Agustin Reyna, Class action & damages claims: have we finally found the "Courage" two decades since the EU’s top Court landmark judgment? 20 January 2022

Where we are and what is to come for Global Antitrust? - Discussion with Andreas Mundt (Bundeskartellamt)

In this new episode, Lorenzo Coppi (Compass Lexecon) is interviewing Andreas Mundt (Bundeskartellamt) on where we are and what is to come for global antitrust.

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1. German Competition Authority, The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon), 14 November 2022

2. Christoph Arhold, Mark D. Powell, Genevra Forwood, Irina Trichkovska, The EU Commission adopts a second amendment to the Temporary Crisis Framework to support businesses affected by Russia’s actions in Ukraine and the unfolding energy crisis, 28 October 2022

3. German Competition Authority, The German Competition Authority clears unconditionally but "with unease" the acquisition of a CRM platform by a social media company (Meta / Kustomer), 11 February 2022

4. Falk Schöning, Johanna Brock-Wenzek, Florian von Schreitter, The German Parliament passes amendments of antitrust law affecting the merger control regime, 19 January 2021

5. Miranda Cole, Peter D. Camesasca, The German Competition Authority publishes a draft on a new merger control notification threshold based on transaction value, 30 October 2017

Where we are and what is to come for global antitrust? - Discussion with Olivier Guersent (DG COMP)

In this new episode, Ashwin van Rooijen (Clifford Chance) is interviewing Olivier Guersent (DG COMP) on where we are and what is to come for global antitrust.

Video available on Concurrences Youtube channel

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1. Workshop, Antitrust Horizon - Meet The Enforcers: Olivier Guersent & Andreas Mundt, November 2022

2. European Commission, The EU Commission sees the DMA enter into force, ensuring open and fair digital markets, 1 November 2022

3. Alain Ronzano, Publication: The European Commission publishes the DMA in the Official Journal of the European Union, 12 October 2022

4. European Commission, The EU Commission welcomes the adoption by the EU Parliament of new rules for digital services, 5 July 2022

Merger Control in the Digital Sector with Alden Abbott

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Alden Abbott (George Mason University) on Merger Control in the Digital Sector.

Video available on Concurrences Youtube channel.

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1. Lesli C. Esposito, Amy Pimentel, David Saunders, The US FTC institutes court action against a mobile app company for selling consumer location information (Kochava), 29 August 2022

2. US Federal Trade Commission, The US FTC seeks to block a Big Tech company’s acquisition of a popular virtual reality fitness app (Meta / Within), 27 July 2022

3. Pierre Larouche, Legislation on digital platform giants: The future of competition law?, February 2022

4. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

The complex definition of fairness with Giuseppe Colangelo

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Giuseppe Colangelo (University of Basilicata - Potenza, Stanford Law School) on the definition of fairness.

Video available on Concurrences Youtube channel.

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1. Konstantina Bania, Sean-Paul Brankin, Jean Cattan, Francis Donnat, Damien Geradin, Martin d'Halluin, Pierre Larouche, Theano Karanikioti, Alexandre de Streel, Joëlle Toledano, Pat Treacy, Daniel Zimmer, The Digital Market Act, September 2022

2. Oles Andriychuk, Diane Coyle, David J. Gerber, Pier Luigi Parcu, Amelia Fletcher, Jorge Padilla, Salvatore Piccolo, Philip Lowe, Maurits J. F. M. Dolmans, Daniel Zimmer, Juliane Kokott, Ariel Ezrachi, Maurice Stucke, Svend Albæk, Hanna Schröder, Competition Overdose: Exploring the Limitations, searching for the treatment, February 2022

3. Eleanor M. Fox, Liber Amicorum, Antitrust Ambassador to the World, Fairness as a Counterpoint to Efficiency in Competition Policy?, p.308, October 2021

4. Fatma El-Zahraa Adel, Fairness in EU Competition Policy: Significance and Implications. An Inquiry into the Soul and Spirit of Competition Enforcement in Europe, Damien GERARD, Assimakis KOMNINOS et Denis WAELBROECK (dir.), February 2021

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

Value of Ad-funded Businesses with Gregor Langus

In this new episode, Aurelien Portuese (Director of Antitrust and Public Policy, Information Technology and Innovation Foundation) is interviewing Gregor Langus (Expert & Founder, Competitionsphere) on the topic of Value of Ad-funded Businesses.

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. Laurence Bary, Marion Lecole, Antitrust in the digital sector: an overview of EU and national case law, 30 June 2022

2. Laurent de Muyter, Jörg Hladjk, Holger Neumann, Undine Von Diemar, Olivier Haas, Andreas Holzwarth-Rochford, The EU Commission proposes a Data Act to enhance data access and sharing within the Union, 23 February 2022

3. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

4. Harry First, Digital platforms and competition policy in developing countries, May 2021

5. Cristina Caffarra, “Follow the Money” - Mapping issues with digital platforms into actionable theories of harm, 29 August 2019

A conversation with F. Jenny & E. Fox: Cross-border issues, new ways of thinking globally

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee) Cross-border cooperation.

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. Eleanor M. Fox Liber Amicorum - Antitrust Ambassador To The World, PART III - Emerging Economies: Challenges and Opportunities

2. Teresa Moreira, International cooperation in competition law enforcement: Is regional cooperation the best option for developing countries?, September 2021, Concurrences N° 3-2021, Art. N° 101384, www.concurrences.com

3. Paula Farani de Azevedo Silveira and Paula de Andrade Baqueiro CADE, Rekindling Convergence: The Digital Economy and the Need for a Coherent and Convergent Global Competition Law Enforcement, Frédéric Jenny Liber Amicorum Volume II - Standing Up for Convergence and Relevance in Antitrust

4. Harry First, Digital platforms and competition policy in developing countries

5. European Competition Network Brief, The French Competition Authority accepts the commitments made by an online travel agency (Booking.com), 10 December 2019, e-Competitions December 2019, Art. N° 96208

A conversation with F. Jenny & E. Fox: Is the inclusion of public interest a good idea?

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee) Public interest.

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. Hellenic Competition Authority, The Hellenic Competition Authority initiates a public consultation process on the proposal to create a sandbox for sustainable development and competition in the national market, 12 July 2021, e-Competitions July 2021, Art. N° 101832

2. Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cecile Rameau, Josep M. Carpi Badia, Etienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier Da Silveira, Fatma El-Zahraa Adel, The integration of public interest considerations in the application of competition rules (26 Nov 2020), May 2021, Concurrences N° 2-2021, Art. N° 100229

3. Christian Ritz, Oliver Cook, Florian von Schreitter, The EU Commission calls for contributions regarding the relationship between competition and sustainability policies, 13 October 2020, e-Competitions October 2020, Art. N° 97595 

4. Andrea Cosnita-Langlais, On the law and economics of public interest defense for cartels, May 2020, Concurrences N° 2-2020, Art. N° 94324

5. Simon Holmes, Consumer welfare, sustainability and competition law goals, May 2020, Concurrences N° 2-2020, Art. N° 93496

A conversation with F. Jenny & E. Fox - Mergers & Acquisitions: killer acquisitions, efficiencies...

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee, Paris / Professor, ESSEC Business School) Mergers & Acquisitions.

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. Pamela L. Taylor, Peter J. Love, Michael H. Knight, The US FTC announces its adjustments to the HSR Act threshold and determines which mergers and acquisitions must be reported to the federal government before consummation, 28 January 2020, e-Competitions January 2020, Art. N° 93565

2. Jens Munk Plum, Prohibited mergers: An overview of EU and national case law, 3 March 2021, e-Competitions Prohibited mergers, Art. N° 87143

3. Concurrences' webinar: Mergers & Acquisitions: How To Deal With Competition Requirements Before And After Closing?

4. The EU Commission Opens An In-Depth Investigation Following Referral From Austria To Assess The Proposed Acquisition Of A Company Specialized In The Supply Of Customer Relationship Management Software By A Big Tech Company (Kustomer / Facebook)

5. The US FTC Rescinds The 1995 Policy Statement That Limited Its Ability To Deter Problematic Mergers

A conversation with F. Jenny & E. Fox - Big Tech and competition law

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee, Paris / Professor, ESSEC Business School) Big Tech and competition in the US and the EU.

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. Farouk Er-razki, Big Tech and the Digital Economy: The Moligopoly Scenario, Nicolas PETIT, February 2021, Concurrences N° 1-2021, Art. N° 98935, pp. 266-267 

2. European Commission, The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google), 22 June 2021, e-Competitions June 2021, Art. N° 101438 

3. Italian Competition Authority, The Italian Competition Authority fines a Big Tech company 100 million euros for abusing its dominant position (Google / Enel X), 13 May 2021, e-Competitions May 2021, Art. N° 100968 

4. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 102322

5. Annette Printz Nielsen, Hans Svensson, Kim Kit Ow, Slawomir Szepietowski, Stefano Febbi, Konrad Siegler, Michael Jünemann, Kristiina Lehvilä, Ivan Sagál, Michelle Chan, Shane Barber, Joost van Roosmalen, Trystan Tether, Pauline Kuipers, Scott McInnes, Cathie-Rosalie Joly, Adrian Calvo, The Dutch Competition Authority publishes its report on the role of big techs in the payment market, 3 December 2020, e-Competitions December 2020, Art. N° 98180

6. Marc Wiggers, Robin Struijlaart, The EU Court of Auditors encourages the Commission to tighten the screws on Big Tech, 19 November 2020, e-Competitions November 2020, Art. N° 98285

7. Luis Blanquez, Steven J. Cernak, The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies, 23 June 2021, e-Competitions June 2021, Art. N° 102097

8. US Federal Trade Commission, The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study), 11 February 2020, e-Competitions February 2020, Art. N° 95088