Search results - Concurrences

15 Dec 2020 B

The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered as ‘gatekeepers’

Christopher Thomas, Myrto Tagara, Alexandra Bray • January 2021

The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...)

15 Dec 2020 B

The EU Commission announces a package of digital markets legislation intended to better regulate major online platforms and to protect consumers and businesses

Lesley Hannah, Kio Gwilliam • January 2021

On 15th December, the European Commission announced a package of digital markets legislation intended to give the Commission the power to better regulate major online platforms and to protect European consumers and businessess for effectively: the Digital Services Act and the Digital Markets (...)

15 Dec 2020 B

The EU Commission proposes legislation to overhaul regulation of digital platforms in the EU

Kyriakos Fountoukakos, Stephen Wisking, Peter Rowland, Camille Puech-Baron • January 2021

On 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...)

15 Dec 2020 B

The EU Commission proposes regulation on a single market for digital services

Andreas Reindl, Margot Vogels, Maria-Olga Papadopoulou • January 2021

On 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as well as a (...)

15 Dec 2020 B

The EU Commission publishes the digital services act intended to modernize the legal framework for digital services in the European Union

Vito Petretti, Oliver Bell • January 2021

The European Commission (Commission) published the first draft of the Digital Services Act (DSA) and the Digital Markets Act (DMA) on December 15 2020. Morgan Lewis previously reported on the anticipated DSA. The DSA and DMA are intended to modernize the legal framework for digital services in (...)

15 Dec 2020 B

The EU Commission unveils sweeping proposals to regulate the digital sector

Laurent de Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans • January 2021

In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)

15 Dec 2020 B

The EU Commission publishes new obligations and sanctions for digital gatekeepers

Marie-Laure Combet, Boris Marschall • January 2021

The debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...)

15 Dec 2020 B

The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by

Cristina Caffarra, Fiona M. Scott-Morton • January 2021

The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

15 Dec 2020 B

The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan • January 2021

1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

10 Dec 2020 B

The Australian Competition Authority releases perishable agricultural goods inquiry report recommending the introduction of an unfair trading practices prohibition

Australian Competition Authority • January 2021

New fair trading law needed to enhance Australia’s perishable agricultural markets* Australia’s perishable agricultural goods markets need a new fair trading law to address harmful practices arising from bargaining power imbalances that are not covered by current laws, the ACCC has found. The (...)

2 Dec 2020 B

The UK Competition Authority starts an inquiry into the electric vehicle charging sector

UK Competition Authority • January 2021

CMA to examine electric vehicle charging sector* The CMA is launching a market study into electric vehicle charging, to make sure that this new and fast-growing sector works well for UK drivers. Traditional cars are a major source of greenhouse gas emissions and as part of its “green (...)

12 Nov 2020 C

Digital Ecosystems: Regulatory Intervention & Efficiency Trade-Offs

Carmelo Cennamo, Jacques Cremer, Amelia Fletcher, David Foster, Thomas Graf, Yann Guthmann, Marco Iansiti, Frédéric Jenny, Gregor Langus, Alejandra Palacios Prieto, Georgios Petropoulos, Pierre Régibeau, Marshall Van Alstyne

The "Digital Ecosystems: Regulatory Intervention & Efficiency Trade-Offs" Chatham House Rule style round-table featured key presentations by Carmelo Cennamo (Copenhagen Business School) and Marshall Van Alstyne (Boston University - Questrom School of Business), followed by a live debate (...)

1 Nov 2020 R

Sustainability and competition law

Guy Canivet, Julian Nowag, Lucas Peeperkorn, Michael Ristaniemi, Ekaterina Rousseva, Alexandra Teorell, Maria Wasastjerna • N° 4-2020 • pp. 26-65

This 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 (...)

1 Nov 2020 R

Competition law and public interests. Principles for resolving conflicts and an application to the banking sector, Mart KNEEPKENS

Antonin Pitras • N° 4-2020 • pp. 281-282

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

15 Oct 2020 B

The New Zealand Competition Authority consults on draft report by national dairy co-operative on its 2020/21 milk price manual

New Zealand Competition Authority • October 2020

Commission consults on draft report on Fonterra’s 2020/21 Milk Price Manual* The Commerce Commission today released its draft report on its annual review of Fonterra’s Farmgate Milk Price Manual for the 2020/21 dairy season. This year’s review focused on the changes Fonterra has made to the (...)

1 Oct 2020 C

Challenges and perspectives for a European regulation of Big Tech

Daniel Fasquelle, Fayrouze Masmi-Dazi, Mike Walker, Yann Guthmann, Claudio Calcagno

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Analysis Group and Frieh Associés, with Daniel Fasquelle (Mayor, Le Touquet | Professor, University of Littoral-Côte-d’Opale), Yann Guthmann (Head of Digital Economy Unit, Autorité de la concurrence), Mike (...)

14 Sep 2020 C

Sustainability goals and antitrust: Finding the common ground

Olivier Guersent, Martijn Snoep, Nicole Kar, Alec J. Burnside, Andrea Collart

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Avisa Partner, Dechert and Linklaters, with Olivier Guersent (Director General, DG COMP), Martijn Snoep (Chairman, Netherlands Authority for Consumers and Markets), Alec Burnside (Partner, Dechert), (...)

1 Sep 2020 R

Antitrust, intellectual property, and dynamic efficiency: An essay in honor of Herbert Hovenkamp

Thomas Cotter • N° 3-2020

Article to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2021. This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in some residuum of cases there will be widespread disagreement among (...)

1 Sep 2020 R

Competition Law in Developing Countries, Thomas CHENG

Fatma El-Zahraa Adel • N° 3-2020 • pp. 233-234

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

27 Aug 2020 B

The Australian Competition Authority allows 10 coal producers and minerals council to collectively bargain with the Port of Newcastle for the export of coal and other minerals (NSW Minerals Council / Port of Newcastle)

Australian Competition Authority • August 2020

Coal producers allowed to collectively bargain with Port of Newcastle Operations* The NSW Minerals Council and ten coal producers will be allowed to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals, (...)

15 Jul 2020 B

The German Competition Authority allows cooperation between competing breweries in the production of Kölsch type of beer specific to the local market in Cologne due to resulting efficiency gains in production (Radeberger / Früh)

German Competition Authority • July 2020

No objections to cooperation between Radeberger and Früh for the production of Kölsch* The Bundeskartellamt has today announced that a cooperation between the Radeberger Group KG (“Radeberger“) and Cölner Hofbräu P. Josef Früh KG (“Früh”) for the production of Kölsch can been deemed to fulfil the legal (...)

9 Jul 2020 B

The Australian Competition Authority allows public and private competing hospitals to continue cooperating in response to the COVID-19 pandemic

Australian Competition Authority • July 2020

Private and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...)

30 Jun 2020 B

The US DoJ and FTC release the updated version of the vertical merger guidelines

David A. Higbee, Benjamin Gris, Jessica K. Delbaum, Matthew Modell, Ryan Leske • June 2020

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) released the final version of the Vertical Merger Guidelines (“Vertical Guidelines”) on June 30, 2020. The new Vertical Guidelines, which had not been updated in more than 35 years, outline how (...)

25 Jun 2020 B

The German Competition Authority clears online platform sales model of a brand’s competing brick-and-mortar retailers being allowed to sell on the same platform under the umbrella of the brand (Intersport)

German Competition Authority • June 2020

Bundeskartellamt clears Intersport’s online platform sales model* The Bundeskartellamt has examined Intersport’s online platform sales model and has no objections under competition law. Based on the available information the Bundeskartellamt sees no need for an in-depth examination. Andreas (...)

25 Jun 2020 B

The German Competition Authority approves a sport retail company’s joint distribution platform (Intersport)

Richard Burton, Laura Lehoczky-Deckers • June 2020

On 25 June 2020, the German Federal Cartel Office (“FCO”) approved Intersport’s online distribution model through a joint online platform under the Intersport umbrella brand for small retailers. Intersport is the world’s largest association of medium-sized companies in the sports retail sector. Its (...)

25 Jun 2020 B

The German Competition Authority approves a sport retailer’s online platform (Intersport)

Marcio da Silva Lima • June 2020

Intersport, the world’s largest association of medium-sized retailers of sport products, switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". Although the Federal Cartel Office (“FCO”) found that the (...)

19 Jun 2020 B

The Australian Competition Authority proposes to allow coal producers to collectively negotiate terms and conditions for access to the Port of Newcastle

Australian Competition Authority • June 2020

Coal producers to be authorised to collectively negotiate with Port of Newcastle* The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other (...)

21 May 2020 B

The Romanian Competition Authority issues findings from its study on the impact of the collaborative economy on the competitive environment and the competition policy

Romanian Competition Authority • May 2020

The Development of the Collaborative Economy and the Relaxation of Market Access Conditions for Traditional Service Providers Leads to the Improvement of Competition* The Coronavirus pandemic has demonstrated once again that digitalization, increasing the importance of platforms, technological (...)

14 May 2020 B

Algorithms & Competition Law: Interview of Michal Gal by Thibault Schrepel

Thibault Schrepel, Michal S. Gal • Algorithms

Algorithmic antitrust is almost everywhere! It’s in the doctrine; to start with, Google Scholar features more than 16,000 related articles. It’s also in competition agencies and international institutions which have published numerous reports on the subject. Where it is not, however, is in the (...)

7 May 2020 B

The Irish Competition Authority announces commencement of a simplified merger notification procedure regime

Irish Competition Authority • May 2020

Simplified Merger Notification Procedure Regime to commence on 1 July 2020* The Competition and Consumer Protection Commission (CCPC) has announced that a simplified merger notification procedure regime will officially commence on Wednesday 1 July 2020. The CCPC considers that the simplified (...)

7 May 2020 B

The Finnish Competition Authority’s investigation of the national agency for historical preservation results in commitment to pro-competitive measures (Finnish Heritage Agency)

Finnish Competition Authority • May 2020

The Finnish Heritage Agency is committed to undertake measures to improve neutral competition conditions* The Finnish Competition and Consumer Authority (FCCA) has investigated into the business activities carried out by the Finnish Heritage Agency on the archaeological research market. As the (...)

1 May 2020 R

Japan: Shrinking market doctrine for aging stagnant economies? The JFTC 2019 revision of merger guidelines

Masako Wakui • N° 2-2020

While Japan is aging rapidly and the local communities in rural areas are struggling to maintain their essential societal function, the Japan Fair Trade Commission (JFTC) has revised the merger guidelines to allow for mergers that create a monopoly. Under the new approach, which the author (...)

6 Apr 2020 B

The Italian Government adopts a decree laying down additional measures to support companies negatively affected by the economic consequences of the COVID-19 outbreak

Aldo Scalini, Fabrizio Di Gianni, Francesco Pili • April 2020

On 6 April 2020, the Italian Government adopted a Law Decree (so-called “Decreto Liquidità”) laying down additional measures to support companies negatively affected by the economic consequences of the Covid-19 outbreak. These measures aim at alleviating the devastating effects of the outbreak on (...)

24 Mar 2020 B

The EU Commission prolongs the validity of block exemption for liner shipping consortia

European Commission • March 2020

Antitrust: Commission prolongs the validity of block exemption for liner shipping consortia* The European Commission has prolonged for another four years the regulation outlining the conditions under which liner shipping consortia can provide joint services without infringing EU antitrust (...)

11 Mar 2020 eB

Richard Whish QC (Hon) Liber Amicorum Article 102 TFEU and Efficiency Pleas: A “Fact-Check”

Massimiliano Kadar

89 Article 102 TFEU and Efficiency Pleas: A “Fact-Check” M assi Miliano K adar * Directorate General for Competition of the European Commission Abstract The European Commission's (the Commission's) approach on efficiencies in the assessment of unilateral conduct has often been subject to criticism (...)

1 Feb 2020 R

Should digital antitrust be ordo-liberal?

Alexandre de Streel • N° 1-2020 • pp. 2-4

This foreword analyses how the main characteristics of the digital economy should shape the objectives, the theories of harm, the process and the remedies of contemporary competition policy. It suggests that the ordo-liberalism offers a normative framework adapted to those characteristics of (...)

1 Feb 2020 R

Digital & competition

Paul Belleflamme, Francisco Costa Cabral, Tim Cowen, Daniel Fasquelle, Paula Forteza, Inge Graef, Max Huffman, Frédéric Marty, Jacques Moscianese, Gabriella Muscolo, Martin Peitz, Sebastien Soriano, Thierry Warin, Ramsi Woodcock • N° 1-2020

This 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 (...)

31 Jan 2020 B

The Pakistan Competition Authority approves an acquisition between two application-based ride-sharing service companies despite extremely high market concentration levels and efficiencies failing to outweigh the adverse effects of lessening of competition (Careem / Uber Technologies)

Joseph Wilson • January 2020

The Competition Commission of Pakistan (hereinafter “CCP” or “the Commission”) through its order dated 31 January 2020 (“the Order”) approved the acquisition of Careem by Uber Technologies, Inc., transforming the duopolistic market of application-based ridesharing services into a monopolistic market. (...)

10 Jan 2020 B

The US DOJ and FTC announce new draft vertical merger guidelines

Jeffrey H. Perry, Sarah Bartels • January 2020

DOJ and FTC Announce New Draft Vertical Merger Guidelines* On January 10, 2020, the Department of Justice’s Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) released Draft Vertical Merger Guidelines (the “Draft Guidelines”) that are intended to outline the (...)

12 Dec 2019 B

The US DoJ challenges a trade association rule for college admission (NACAC)

Margaret A. Ward, Molly Wilkens • December 2019

In December 2019, the Department of Justice Antitrust Division ("DOJ") settled charges that certain National Association for College Admission Counseling ("NACAC") rules governing college admissions were anticompetitive under Section 1 of the Sherman Act. NACAC is a trade association for (...)

6 Dec 2019 B

The OECD holds a roundtable on merger control in dynamic markets

OECD • December 2019

The modern competition dynamics observed in rapidly-evolving sectors, such as high-technology, consumer services and online retail, is challenging the role of competition authorities in merger control, where enforcement decisions fundamentally depend on an effects-based analysis of the likely (...)

5 Dec 2019 R

Competition policy: The French Government amends the provisions of the preliminary draft law on audiovisual anticipating the transposition of measures of the ECN + Directive following an opinion of the French Administrative Supreme Court (Audiovisual communication and cultural sovereignty in the digital age)

Pascal Cardonnel, Julie Bousin • N° 1-2020 • pp. 145-148

In September 2018, the National Assembly had adopted an amendment introduced by the Government that inserted an article 71 bis in the draft law on the growth and transformation of enterprises ("PACTE law"). Brief history of this bill The purpose of Article 71a of the PACTE bill was to empower (...)

4 Dec 2019 B

The OECD holds a roundtable on barriers to exit in competition

OECD • December 2019

Most of the focus in relation to barriers has been on barriers to entry and their effects on competition. However, for competition to be effective there must also be firm exit. Barriers to exit, like barriers to entry, decrease the market discipline mechanisms of the competitive process to (...)

1 Nov 2019 R

Antitrust risk in financial services: Lessons from recent regulatory developments in the EU, UK and beyond

Nicole Kar, Josh Buckland • N° 4-2019

Antitrust authorities in the EU, UK and elsewhere have recently overseen a flurry of activity in the financial services sector. This is no coincidence: bolstered by reforms implemented following the Global Financial Crisis of the late 2000s, and seemingly spurred on by the wider emergence of (...)

1 Nov 2019 R

Reactionary Antitrust

John M. Newman • N° 4-2019 • pp. 66-72

Article to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2020. The antitrust enterprise is undergoing a renaissance. New voices have emerged. Issues long considered settled have been opened for re-examination. Lively debate has prompted antitrust (...)

1 Nov 2019 R

Brexit: Balancing UK and EU merger control

Joel Bamford, Aiste Slezeviciute • N° 4-2019

The merger control regime in the United Kingdom (UK) and at the European level is increasingly under the spotlight. In the UK, a key factor is the UK’s exit from the European Union (Brexit), where, as a consequence, the UK is likely to lose the benefit of the “one-stop shop” under the EU Merger (...)

1 Nov 2019 R

Competition policy and gender

Estefania Santacreu-Vasut, Chris Pike • N° 4-2019

This paper calls attention to the opportunity for competition authorities to contribute to the fight for gender equality. We also argue that adopting a gender lens can be helpful in achieving the efficiency-based objectives of competition authorities. We conclude by providing a menu of options (...)

23 Oct 2019 B

The South African Competition Appeal Court dismisses an appeal following the Competition Tribunal’s decision for an abuse of dominance in contravention of the Competition Act (Computicket)

Charl van der Merwe • October 2019

SOUTH AFRICA: COMPETITION APPEAL COURT CONFIRMS TRIBUNAL FINDING IN COMPUTICKET ABUSE OF DOMINANCE CASE* The South African Competition Appeal Court (CAC) on 23 October 2019 dismissed an appeal by Computicket (Pty) Ltd. (Computicket), following the decision of the Competition Tribunal (...)

22 Oct 2019 B

The Hong Kong Competition Authority clarifies its approach to information exchange (Hong Kong Association of the Pharmaceutical Industry)

Marcus Pollard, Kathleen Gooi • October 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the (...)

26 Sep 2019 R

Written press: The French Senate provides for the French Postal and Electronic Communications Authority with regulatory tasks of the written press distribution (Modernization of press distribution)

Francesco Martucci • N° 4-2019 • pp. 174-176

On 26 September 2019, the Senate adopted the bill on the modernisation of press distribution. Title III of the bill is devoted to the regulation of press distribution and plans to entrust this regulation to the Autorité de régulation des communications électroniques, des postes et de la (...)

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