Antitrust Code by Concurrences

Join us for an engaging discussion with Thibault Schrepel and Alden Abbott, editors of the book Artificial Intelligence and Competition Policy, released by Concurrences. In this comprehensive dialogue, Schrepel and Abbott delve into the critical issues at the intersection of artificial intelligence and competition law, as explored by leading contributors in this volume.

The book offers a provocative look at key areas of competition-related AI scholarship. It serves as a valuable resource for legislators, policymakers, and enforcers to assess how competition law can be adapted to confront the challenges of AI.

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

Read the full transcript on Spotify or Apple Podcasts and watch the video version on YouTube.

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In this new episode, Margrethe Vestager (European Commission) delivers a keynote speech at a reception held in her honour in Paris on October 30th, 2024.

In her speech, she celebrates Concurrences' 20th anniversary and emphasizes the importance of competition policy in enhancing EU competitiveness, especially amid the green and digital transitions. It highlights the recent focus on resilience, innovation, and fair competition, addressing market power concentration and unfair practices. New tools like the Digital Markets Act (DMA) and Foreign Subsidies Regulation were created to ensure fair digital competition and tackle foreign subsidies. Collaboration with international partners, especially the U.S. and UK, is essential to address global competition challenges. Lastly, M. Vestager underscores that competition policy should safeguard democracy and empower citizens against rising economic and political power concentration.

Read the full article on our website.

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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. Veronica Roberts, Kyriakos Fountoukakos, Eric White, Daniel Barrio, David Rasche, Dejan Einfeldt, Ruth Allen, The EU Commission announces 5 initiatives aimed at enhancing EU economic security in the face of risks arising from increased geopolitical tensions and accelerated technological shifts, 24 January 2024.

2. Laura Corbett, Florian Deuflhard, Stefan Frübing, Leonor Bettencourt Nunes, Thorsten Schiffer, Ariti Skarpa, The EU Commission investigates a proposed acquisition by a global software company prior to the abandonment of the merger by the parties (Adobe / Figma), 17 November 2023.

3. Simon Vande Walle, Conglomerate effects: The European Commission prohibits a dominant hotel booking platform from acquiring a flight booking platform based on an “ecosystem theory of harm” (Booking.com / eTraveli), 25 September 2023. 

4. Marie Cartapanis, Equal access: The European Commission accepts commitments offered by an operator consisting of preventing it from using the data of active sellers and ensuring equal access to its market place and subscription program (Amazon), 20 December 2022.

5. Nicholas Levy, Henry Mostyn, Paul Stuart, Patrick Todd, The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price-based abuses of dominance (Google Android), 14 September 2022.

6. Frédéric Pradelles, Mary Hecht, The EU General Court confirms the Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping), 10 November 2021.

In this new episode, Aleksander Tombiński (Clifford Chance) interviews Alberto Bacchiega (DG COMP) after the Antitrust Horizon: Meet the Enforcers workshop.

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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. Concentrations in the digital sector: Interplays between the DMA and EU merger control

2. The EU General Court confirms the Commission decision designating a video-sharing platform as a gatekeeper under the DMA (TikTok)

3. Digital Markets Act : The European Commission informs a major technology company of its preliminary findings that the "pay or consent" advertising model does not comply with the DMA (Meta)

4. Digital Markets Acts: The European Commission announces its preliminary findings on the steering rules of a big tech company and initiates an investigation into compliance with Article 6(4) of the DMA regarding the installation of third-party applications or digital storefronts (Apple)

5. The new digital landscape: Interaction between the DMA and rules of national and EU law governing the conduct of gatekeepers

In this new episode, Neil Dryden (Compass Lexecon) interviews Martijn Snoep (Netherlands Authority for Consumers & Markets) before the Antitrust Horizon: Meet the Enforcers workshop on the EU Competition Insights: Navigating Policy and Reforms.

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1. Richard Whish, Dirk Middelschulte, Daniel Green, Marceline Tournier, Jorge Padilla, Assimakis Komninos, Angélique de Brousse, Philippe Croene, Grania Holzwarth, The new EU Commission competition policy, November 2024.

2. Frank Montag, Björn Sijtsma, Draghi Report: Revamping competition law to overcome the productivity gap?, November 2024.

3. Kyriakos Fountoukakos, Camille Puech-Baron, Ruth Allen, The EU Commission publishes the "Draghi report" on the future of European competitiveness, 9 September 2024.

4. Luca Arnaudo, New competition regulatory tools: Towards a structure-behavior-performance framework, September 2024.

5. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024.

Join us for an engaging discussion with Friso Bostoen about his latest book, "Abuse of Platform Power: Leveraging Conduct in Digital Markets under EU Competition Law and Beyond," released by Concurrences. In this comprehensive dialogue, Bostoen delves into the critical issues surrounding abuse of dominance in the rapidly evolving platform economy.

In this book, Bostoen provides an in-depth analysis of how traditional concepts of abuse of dominance apply in the context of digital platforms. The book begins with an examination of platform business strategies, setting the stage for a detailed exploration of various forms of leveraging abuse, including tying, refusal to supply, margin squeeze, and discrimination. Bostoen’s analysis is particularly relevant as he offers a fresh perspective on how these practices should be understood and addressed within the unique dynamics of the platform economy.

Explore the full scope of Friso Bostoen’s work and gain insights into one of the most pressing issues in modern competition law. For more details, visit the book’s page on Concurrences.

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In this new episode, Hugh Hollman (A&O Shearman) interviewed Dr. Mahmoud Momtaz (Egyptian Competition Authority) on where we are and what is to come for the New Egyptian Competition Regime including the New Merger Control Framework.

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1. Tamer Nagy, Nazly Khedr, The Egyptian Government publishes the implementing regulation on the amended Competition Act to herald a new merger control regime, 4 April 2024.

2. Hegui Taha, Maha El Meihy, Rana Moustafa, The Egyptian House of Representatives approves the amendments to the national Competition Law to herald landmark reforms in the merger control regime, 4 December 2022.

3. J. Mark Gidley, Tamer Nagy, Ahmad Ashraf, The Egyptian Government approves its first pre-notification merger regime, 25 November 2020.

4. Marianela López-Galdos, The Egyptian Prime Minister approves amendment to the national Competition Act granting independence of its Competition Authority, 18 December 2011.

In this live event, Khushita Vasant (MLex) is interviewing Olivier Guersent (DG COMP) on 20 years of competition policy and the first stage of implementation of the DMA.

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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. European Commission, The EU Commission designates a multinational booking platform as a gatekeeper in the online intermediation market (Booking.com), 13 May 2024.

2. Alain Ronzano, Digital Markets Act: The European Commission designates a Big Tech company as a gatekeeper under the Digital Markets Act with respect to its operating system for tablets (Apple), 29 April 2024.

3. US Department of Justice Antitrust Division, The EU Commission, US FTC and DoJ hold a joint technology and competition policy dialogue to strengthen cooperation and promote fair competition in the digital economy, 11 April 2024.

4. Alain Ronzano, Digital Markets Act: The European Commission launches five non-compliance investigations against GAFAMs, as well as two preliminary investigations on suspicion that four of the six gatekeepers are not fully complying with the obligations laid down by the DMA (Alphabet ; Apple ; Meta), 25 March 2024.

5. Alain Ronzano, Digital Markets Act : The European Commission designated gatekeepers who must comply with all obligations provided for by the regulation on digital markets (Apple, Alphabet, Meta, Amazon, Microsoft et ByteDance), 7 March 2024.

6. Alain Ronzano, Digital Markets Act : The European Commission concludes, after four market investigations, that certain platforms from the GAFAM should not be considered as gatekeepers (iMessage ; Bing ; Edge ; Microsoft Advertising), 13 February 2024.

7. General Court of the European Union, The EU General Court dismisses a video-sharing service provider’s challenge to its designation as a gatekeeper (Bytedance), 9 February 2024.

8. Thomas Graf, Robbert Snelders, Henry Mostyn, Sabrina Apitz-Grossman, Conor Opdebeeck-Wilson, Bianca Buzatu, The EU Commission designates the first set of gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft), 6 September 2023.

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. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024.

2. UK Competition Authority, The UK Competition Authority seeks views on whether partnerships, hiring of former employees and other arrangements among AI companies, comply with UK merger regulations (Microsoft / Mistral AI / Amazon / Anthropic / Microsoft / Inflection AI), 24 April 2024.

3. Henry Mostyn, Anders Jay, Aleksandra Katolik, Ghazzal Maydanchi, The UK Competition Authority publishes its updated review of AI Foundation Models which highlights that the sector is developing in ways that risk negative market outcomes, 11 April 2024.

4. French Competition Authority, The French Competition Authority initiates ex officio inquiries and launches a public consultation into generative artificial intelligence, 8 February 2024.

5. German Competition Authority, The German Competition Authority announces that the investments and cooperation between a Big Tech and an artificial intelligence company are not subject to merger control (Microsoft / OpenAI), 15 November 2023.

In this new episode, Neil Dryden (Compass Lexecon) and Leigh Oliver (Clifford Chance) discussing with Rima Alaily (Microsoft), 

Video available on Concurrences Youtube channel

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1. Nicole L. Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond Jacobsen, The US FTC and DOJ propose new draft Merger Guidelines which introduce substantial changes including reduction in the threshold for presuming competitive harm in horizontal mergers and a new structural presumption for vertical mergers, 19 July 2023

2. Craig A. Waldman, Aimee E. DeFilippo, Michael A. Gleason, Michael H. Knight, Jeremy P. Morrison, Pamela L. Taylor, Ryan C. Thomas, The US FTC and DOJ propose important changes to Hart-Scott-Rodino Act for premerger filings, 29 June 2023

3. Gabrielle Kohlmeier, Jennifer E. Mellott, Meghan Rissmiller, Mergers in the telecommunications sector: An overview of EU and US case law, 29 June 2023

4. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023

5. Nicholas Xenakis, Ryan K. Quillian, The US House of Representatives passes a legislative package updating legislation on antitrust, FDI and mergers, 29 September 2022

6. Marc Freedman, The UK Government publishes a report summarising FDI under the new screening regime, 16 June 2022

In this new episode, Joseph Ostoyich (Clifford Chance) discussing with Ulf Öberg (General Court of the European Union), Ana C. Reyes (U.S. District Court of Colombia) and David Tudor (Prosus) on tech antitrust litigation.

Video available on Concurrences Youtube channel

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1. European Court of Justice, The EU Court of Justice upholds the annulment of the Commission’s €1.06B fine on a chipmaker for alleged abuse of dominance through loyalty rebates (Intel), 24 October 2024.

2. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024.

3. David Bosco, Pauline Helly d'Angelin, Didier Theophile, Adam Kidane, Virginia Pavel Dobre, Jonathan M. Barnett, Alec J. Burnside, A look at the treatment of abusive mergers in Europe (Art. 22 of Regulation (EC) No 139/2004, Art. 102 TFEU, etc.), March 2024.

4. Alyse Stach, The US Supreme Court declines to hear an appeal concerning a judgment sharing agreement among major US meat suppliers in the case concerning the broiler chicken industry (ACR / Amick / Cargill...), 8 January 2024.