Webinar

Antitrust in Developing & Emerging Economies #3 Collaboration: When is a Cartel not a Cartel Because it Sustains the Environment or Eases a Crisis?

3rd Webinar of the 8th annual “Antitrust in Emerging and Developing Economies” conference organised by Concurrences, in partnership with the New York University School of Law and Morrison & Foerster with Eleanor Fox (Professor of Law, New York University School of Law), Babatunde Irukera (Chief Executive, Nigerian Federal Competition and Consumer Protection Commission), Francis Kariuki (Director General, Competition Authority of Kenya), David Shaw (Partner, Morrison & Foerster), Simon Roberts (Professor, University of Johannesburg) and Taimoon Stewart (Associate Senior Fellow, University of the West Indies). The webinar was followed by a wrap-up with Dennis Davis (Former Judge President, Competition Appeal Court of South Africa), Eleanor Fox (Professor of Law, New York University School of Law) and Harry First (Professor, New York University School of Law).

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SYNTHESIS

Eleanor M. Fox moderated the discussion on collaborations of competitors in times of crisis. Crises include shortages in times of Covid-19, and long-running crises such as climate change. Can competitors respond in ways that might be anticompetitive? To save themselves, or to facilitate the public interest in increasing supply or getting scarce products to those who need them? The impact of the crises has been disproportionately devastating in developing countries. Are the competition problems any different in developing and developed economies? Eleanor M. Fox noted that agencies have been handling the pressures on antitrust differently. Some are applying the law strictly as usual while giving much more guidance, including emergency guidance. Others are bending the law and announcing that they will not enforcement the law against certain collaborations in certain circumstances. Nations that have the availability of exemptions in the public interest are sometimes being more generous with exemptions, while often noting that they must be cautious lest firms opportunistically use the occasion to get protection from competition. Eleanor M. Fox stressed the importance of careful competition law analysis before granting exemptions; most collaborations to cure a market failure are not anticompetitive or can be done in ways that are not anticompetitive.

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Speakers

  • South Africa Competition Appeal Court (Pretoria)
  • NYU School of Law (New York)
  • New York University
  • Federal Competition and Consumer Protection Commission
  • Competition Authority of Kenya (Nairobi)
  • University of Johannesburg
  • Morrison & Foerster (Washington)
  • University of the West Indies (Trinidad & Tobago)