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DMA/DSA: Has Europe really given itself the means to achieve its ambitions?Your search returned 90 results Review On-Topic
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In order to upgrade the rules governing digital players operating in the internal market and to improve the regulatory framework for digital services, on December 15th, 2020, the European Commission published two legislative initiatives: the Digital Services Act (DSA) and the Digital Markets (...)
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The VBER and Vertical Guidelines: Revision or Reform? Reflection on critical issuesWhile the European Commission is exploring a possible revision of the VBER and of the Vertical Guidelines and assessing the various policy options proposed, this volume aims to reflect on some of the relevant issues and subjects in the VBER, some more controversial than others, but all having (...) -
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The new US antitrust administrationThis Concurrences special set of articles focuses on antitrust law and enforcement in the aftermath of the American Presidential Elections. It questions the changes and challenges expected in 2021 under the new Biden administration, and its impacts with respect to antitrust legislation and (...) -
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DDADUE bill: Simple adaptation or reform of French competition law?This set of articles is dedicated to the changes made to the French competition law by the DDADUE bill of December 3, 2020. Both the law on restrictive competition practices and the law on anti-competitive practices are affected by the necessary transposition of EU directives (directives (...) -
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The French Competition Authority’s new merger control guidelinesAfter several months of public consultation over a reform of its merger control guidelines, the French competition Authority (FCA) has released July 23rd, 2020, its final version of the revised guidelines on merger control. The present On-Topic gathers three contributions reviewing this (...) -
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Managerial behaviour and competition lawThis On-Topic set of articles discusses the role of managers in the commission of competition law infringements. It reviews the tools available to prevent these violations, in particular through compliance programs and individual sanctions. This set brings together contributions from (...) -
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Sustainability and competition lawThis special On-topic explores the interactions and tensions between the implementation of the fundamental principles and objectives of the EU, including environmental protection and sustainable development, and European competition policy. This set of articles brings together contributions (...) -
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Towards a European merger control networkThe European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...) -
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Competition law and health crisisThe unexpected shock provoked by the Covid-19 crisis and the measures taken to limit the spread of the pandemic have affected the functioning of many markets. Throughout the world, competition authorities which, in the last decade, had been enforcing their laws in the context of steady economic (...) -
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Should ex post merger reviews be more widespread?This series of articles analyses French competition policy in the field of merger control; in particular it addresses the issue of the implementation of the ex post evaluation mechanism. This set is introduced by Jean-Mathieu Cot (COT LAW), and gathers contributions from Séverine Schrameck (...) -
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Digital & competitionThis series of articles highlights the existing debate about the role of competition policy in the digital economy. Each contribution addresses the subject from a different perspective. The first two discuss non-price strategies practiced by monopoly digital platforms and remedies that can be (...) -
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Banking and big dataBig data is changing the competitive landscape of the banking industry. Banks are using new technologies (blockchain, artificial intelligence) and exploit large databases to offer new services to their clients. New players (FinTechs, Big Techs) are also able to offer banking services online (...) -
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Unfair trading practices in the food supply chainThis On-Topic issue is dedicated to the regulation of unfair trading practices in the food supply chain and brings along selected contributions on different aspects on this highly debated and timely topic. These articles show the complexity in finding a good balance between different policy (...) -
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Competition enforcement in the health sectorThis series of articles analyses the French competition policy in the health sector, including the notice issued by the French Competition Authority in April 2019 relating to the sectors of medicines distribution and medical biology. Each article deals with the topic from a different (...) -
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Which competition and industrial policies for the new EU Commission after Siemens/Alstom?This series of articles presents different points of view about the priorities of the newly established Commission on competition policy in Europe in the aftermath of the decision prohibiting the Siemens/Alstom merger and of the manifesto published by French and German governments. These (...) -
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The implications of bitcoin for competition, antitrust, and regulation in the banking industryThis series of articles explores the implications of blockhain for competition in the banking industry. Each of the articles takes a slightly different perspective on the issue. The first explores whether existing antitrust doctrine is suitable for assessing the potential benefits and harms (...) -
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Antitrust regimes in the Pacific regionThis On-Topic considers the competition regimes of the Pacific jurisdictions of Australia, French Polynesia and New Caledonia in the context of their respective market conditions. It seeks to determine whether there is uniformity in approach in the region, but finds that each jurisdiction has (...) -
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Agriculture and competition law, towards reconciliation?What was implicit, and has been established in November 2017 by the Court of Justice in the judgment on endives, has been specifically laid down by the European legislator in the omnibus regulation of December 2017: the prohibition on cartels does not apply to producer organizations and (...) -
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Online and Offline Retailer Competition: New challenges for Competition Economists and PractitionersIn this On-Topic we explore a number of competition issues that arise at the intersection of online and offline retail distribution. We first provide a brief overview of the effects of online distribution and the associated potential challenges for competition policy. In the first paper, we (...) -
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The Coty judgment: Online selective distribution and platform bansIn its Coty Germany c. Parfumerie Akzente decision dated 6 December 2017, the Court of Justice reiterated the conditions of application of Article 101 TFEU to selective distribution agreements based on qualitative criteria. The Court also ruled for the first time on the prohibition to resell (...) -
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The Google Shopping decisionThese three articles provide different perspectives on the European Commission’s decision of 27 June 2017 in which Google was fined €2.42 billion. Google has filed an appeal on 11 September 2017 against this decision. The European Commission fined Google for abusing its dominant position as a (...) -
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Intel: The long awaited ECJ rulingIt was questionable whether this important judgment would close the debate on the interpretation of Article 102 TFEU. Will it put an end to the controversial and even polemical topics related to the interpretation of Article 102 TFEU and in particular to the debate on the effects-based (...) -
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Algorithmic pricing and competitionThis On-Topic discusses the development of algorithmic pricing and the issues it raises for competition law enforcers. Algorithmic pricing may facilitate tacit or express collusion and even generate new forms of collusion against which traditional tools of competition law enforcement must be (...) -
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Big Data and competition lawMuch has been written about the rise of big data and its impact on competition law. This On-Topic seeks to illustrate the most relevant case practice developed by the European Commission in relation to data issues in the field of merger control law, within five specific relevant topics. The (...) -
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Extradition and antitrust law: Businessmen involved in global cartels extradited to foreign countriesThis article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. As more jurisdictions criminalise cartel conduct and increase cooperation with other enforcement regimes, the threat of extradition in global cartel cases is (...) -
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Recent developments in pharma antitrustThe authors of this On-Topic focus on the latest developments in the pharmaceutical sector. According to Ms Thill-Tayara, author of the first contribution and lawyer with Dechert Paris, if the competition agencies’ activism is partly motivated by the need to limit the expenses of national health (...) -
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The Lundbeck case and the concept of potential competitionAntitrust rules have been brought into play in situations whereby a company tries to prevent, or at least delay, the entry into the market of potential competitors. This issue has gained prominence in the context of patents and intellectual property (IP) rights in the pharmaceutical industry. (...) -
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Intel: Analysing the Advocate General’s opinionThe 2009 decision of the EU Commission imposing a €1.06 billion fine on Intel, and the subsequent judgment of the General Court (GC) upholding the decision have sparked an intense debate as to the way Article 102 TFEU should be applied. This On-Topic adds to the fervent discussion with (...) -
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Modernization of notary professionDedicated to the modernization of several regulated professions (notaries, bailiffs, legal auctioneers…), this Trends issue offers a contribution by Virginie Beaumeunier, French competition authority’s general rapporteur, describing intended goals and the method used by the Competition Authority; (...) -
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What is Trump Antitrust?Change is in the air and it is coming to antitrust and competition policy in the United States. The unexpected election of President-elect Donald J. Trump opened wide the speculation or mystery about what he and his advisors are planning concerning his administration’s antitrust policy. During (...) -
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The emerging competitive payments marketplaceThis on-topic is the occasion to come back to the emerging competitive payments marketplace in the United States and in the European Union. R. C. Hunter discusses the issues surrounding this evolution and the necessity to provide an ubiquitous, convenient, fast and secure payment system in the (...) -
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Individual sanctions for competition law infringements: Pros, cons and challengesFollowing the substantive harmonisation in Regulation (EC) no. 1/2003, the Commission has started more recently to focus on procedure and sanctions, and in January 2016, the European Parliament called for penalties against natural persons. This ‘On Topic’ issue looks at the current state of (...) -
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French distribution law following adoption of Macron lawWith this new Trends issue related to the last evolutions of the French distribution law, the review Concurrences carries on its work on the most important competition issues raised by the Macron law adopted on August 6th, 2015. From small adjustments in transparency law to genuine developments (...) -
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Competition law and policy and the food value chain"This On-Topic revisits the complex issues rising in the food sector and its value chain. Both the European Union and the US competition authorities have scrutinized relationships between food chain actors. The increasing market concentration raises new challenges for competition enforcement (...) -
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The French Competition Authority in the "Macron" lawThe file assesses the impact of the Macron law on competition law related issues. More particularly, five articles examine the legislator’s will to introduce changes with respect to the role of the Competition Authority. Two articles analyze the changes brought by the Law to competition (...) -
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Implementation of EU Directive 2014/104 on actions for damages for infringements of competition lawThe directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...) -
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New online business practices : Distorting and/or stimulating competition ?The practice of electronic reverse auctions is covered in France since the Law of August 2, 2005 (“Loi Dutreil”), slightly modified by a Law of January 3, 2008, and introduced in our commercial code under the Article L 442-10. This Article provides for the conditions of validity of the contract (...) -
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The EU judge and the unlimited jurisdiction over the Commission’s decisionsThe EU judicial review of the Commission’s decisions generates an abundant case law. This Trends aims to clarify the major difficulties that arise from the concept of "unlimited jurisdiction" and that manifest themselves both at the level of the control standard to which the Commission’s (...) -
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Third-party private litigation funding16th April 2014, The European Parliament adopted the Proposal for a Directive of 11th June 2013 on certain rules governing actions for damages for infringements of the competition law provisions (one of the private enforcement components). The text bodes for the long-awaited developement of (...) -
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Efficiency defences in abuse of dominance casesThe existence and application of the so-called "efficiency defence" in Article 102 TFEU has been an issue of serious contention over the last years. The 2009 Guidance Paper gave new impetus to the notion. The articles below provide an EU and a national perspective. The existence, legitimacy and (...) -
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Pay-for-delay settlements in the pharmaceutical sectorThe authors of this Trends focus on several decisions delivered in the United States and in Europe, related to pay-for-delay settlements in the pharmaceutical sector. This type of settlements has spread in the past few years, and aim to postpone the arrival of generics on the market, with (...) -
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Zivy’s report : Diverse perspectives on the cross-borders mergersIn the Eurotunnel case, the analysis conducted in parallel by the French Competition Authority and the Competition Commission on the merger between Eurotunnel and SeaFrance’s assets, brought to divergent outcomes. This case gives the opportunity to discuss about the European approach to (...) -
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Competition law, intellectual property rights and dynamic analysis: Towards a new institutional “equilibrium?”The emphasis put on innovation as the common objective of intellectual property law and competition law, and consequently the shift of focus towards the dynamics of economic change, may well be a leitmotiv in recent policy documents and scholarly comment. By focusing on the strengths and (...) -
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The "as efficient competitor test": A new era?The "reasonably-efficient operator test" is a general test used for pricing strategies of dominant firms by the European Commission. Contributions of this "Trends" present this test in various areas of competition law. The importance of this test has recently been underlined by the Court of (...) -
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Structural remedies: A unique antitrust toolThe French Competition Authority has been given a new power by the legislator: it can order structural injunctions when the price conditions charged by a dominant undertaking are unusually high on the French overseas territories. Clearly, this legal instrument is sui generis in France. It is so (...) -
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Market tests in antitrust and merger control proceedingsNowadays, commitments decisions of the competition authorities are, most of the time, preceded by a consultation of third parties. These "market tests" have become a central step of the antitrust procedure and merger control. The authors of this Tendances present their experience in using this (...) -
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The pre-notification phaseThe pre-notification phase has proved to be a useful mean to address “upfront” many of the issues that a concentration may raise, without being bound by the strict timetable of the formal review process. It works well but there is arguably still some room for improvement. The pre-notification (...) -
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e-Books and the boundaries of antitrustThe e-book market is quite remarkable. The distribution’s economic models of this singular property are original and very different from one system to another. The U.S. and European litigations around the Apple’s practices and publishers, as well that the French law on the e-book price’s (...) -
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Best practices for compliance programs: Results of an international surveyAll companies should employ competition law compliance progams in an attempt to ensure their their employees will follow these complicated laws. Yet, enforcers’ support for competition law compliance programs is wildly inconsistent. A few provide guidance about compliance, and will consider a (...) -
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Market definition: Is there a need for new guidance?The 1997 Notice on market definition is one of the oldest guidance notices adopted by the Commission in the area of competition law. Although its main principles appear still valid and uncontroversial, there is arguably scope for further guidance in controversial areas such as the (...)
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