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Antitrust and Developing Economies in an Era of Crises - Webinar #2: Big Data, Platforms And Internet Of Things: A Challenge To Developing Countries

This webinar was organized by Concurrences, in partnership with Charles River Associates, ELIG Gürkaynak Attorneys-at-Law, Orrick, and RBB Economics, with Kirti Gupta (Qualcomm), Frédéric Jenny (OECD Competition Committee), Lars Mesenbrink (Orrick), Thomas Kramler (Antitrust: E-commerce and the Data Economy, European Commission), Pamela Mondliwa (Centre for Competition, Regulation and Economic Development) and Harry First (New York University School of Law).

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SYNTHESIS

The moderator, Professor Harry First, opened the panel by introducing the topic of the panel and by asking the panelists to discuss the importance of platforms in developing countries.

Frédéric Jenny (OECD) started by explaining the different patterns he observed from the competition authorities in Brazil, Russia, India, China, and South Africa (BRICS). He noted that the Federal Antimonopoly Service of the Russian Federation (FAS) has been an active competition authority focused on exclusionary practices by big players, as illustrated in cases like Yandex v. Google, Kaspersky/Microsoft, and Kaspersky/Apple. He also thought India has been fairly active, particularly with a focus on unfair pricing with cases such as Amazon/Flipkart, where Amazon and Flipkart were accused of distributing certain products unfairly compared to the retail stores, and Ola, which was accused of pricing unfairly low compared to local taxis. In comparison, he said that the South African Competition Authority acknowledged in a major report that there had been underenforcement in this area up to the time that the report was released. In Brazil, the competition authority abandoned the Google Shopping case, which was the same kind as the one that the European Commission and the U.S. Federal Trade Commission also brought. Mr. Jenny commented that China had little to no activity.

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