Antitrust Code by Concurrences

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee) Public interest.

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1. Hellenic Competition Authority, The Hellenic Competition Authority initiates a public consultation process on the proposal to create a sandbox for sustainable development and competition in the national market, 12 July 2021, e-Competitions July 2021, Art. N° 101832

2. Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cecile Rameau, Josep M. Carpi Badia, Etienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier Da Silveira, Fatma El-Zahraa Adel, The integration of public interest considerations in the application of competition rules (26 Nov 2020), May 2021, Concurrences N° 2-2021, Art. N° 100229

3. Christian Ritz, Oliver Cook, Florian von Schreitter, The EU Commission calls for contributions regarding the relationship between competition and sustainability policies, 13 October 2020, e-Competitions October 2020, Art. N° 97595 

4. Andrea Cosnita-Langlais, On the law and economics of public interest defense for cartels, May 2020, Concurrences N° 2-2020, Art. N° 94324

5. Simon Holmes, Consumer welfare, sustainability and competition law goals, May 2020, Concurrences N° 2-2020, Art. N° 93496

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee, Paris / Professor, ESSEC Business School) Mergers & Acquisitions.

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1. Pamela L. Taylor, Peter J. Love, Michael H. Knight, The US FTC announces its adjustments to the HSR Act threshold and determines which mergers and acquisitions must be reported to the federal government before consummation, 28 January 2020, e-Competitions January 2020, Art. N° 93565

2. Jens Munk Plum, Prohibited mergers: An overview of EU and national case law, 3 March 2021, e-Competitions Prohibited mergers, Art. N° 87143

3. Concurrences' webinar: Mergers & Acquisitions: How To Deal With Competition Requirements Before And After Closing?

4. The EU Commission Opens An In-Depth Investigation Following Referral From Austria To Assess The Proposed Acquisition Of A Company Specialized In The Supply Of Customer Relationship Management Software By A Big Tech Company (Kustomer / Facebook)

5. The US FTC Rescinds The 1995 Policy Statement That Limited Its Ability To Deter Problematic Mergers

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee, Paris / Professor, ESSEC Business School) Big Tech and competition in the US and the EU.

Video available on Concurrences Youtube channel.

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1. Farouk Er-razki, Big Tech and the Digital Economy: The Moligopoly Scenario, Nicolas PETIT, February 2021, Concurrences N° 1-2021, Art. N° 98935, pp. 266-267 

2. European Commission, The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google), 22 June 2021, e-Competitions June 2021, Art. N° 101438 

3. Italian Competition Authority, The Italian Competition Authority fines a Big Tech company 100 million euros for abusing its dominant position (Google / Enel X), 13 May 2021, e-Competitions May 2021, Art. N° 100968 

4. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 102322

5. Annette Printz Nielsen, Hans Svensson, Kim Kit Ow, Slawomir Szepietowski, Stefano Febbi, Konrad Siegler, Michael Jünemann, Kristiina Lehvilä, Ivan Sagál, Michelle Chan, Shane Barber, Joost van Roosmalen, Trystan Tether, Pauline Kuipers, Scott McInnes, Cathie-Rosalie Joly, Adrian Calvo, The Dutch Competition Authority publishes its report on the role of big techs in the payment market, 3 December 2020, e-Competitions December 2020, Art. N° 98180

6. Marc Wiggers, Robin Struijlaart, The EU Court of Auditors encourages the Commission to tighten the screws on Big Tech, 19 November 2020, e-Competitions November 2020, Art. N° 98285

7. Luis Blanquez, Steven J. Cernak, The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies, 23 June 2021, e-Competitions June 2021, Art. N° 102097

8. US Federal Trade Commission, The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study), 11 February 2020, e-Competitions February 2020, Art. N° 95088

In this new episode, David J. Teece (Thomas W. Tusher Professor in Global Business at the University of California's Haas School of Business) is interviewed by Jennifer Baker (EU Policy and Tech Reporter) on "Dynamic competition and potential entry in the digital space".

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. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward , September 2021, Concurrences N° 3-2021, Art. N° 101662, pp. 38-62 

2. Paula Ramada, Incentives to innovate in “product ecosystems”, May 2021, Concurrences N° 2-2021, Art. N° 100689, pp. 34-43

3. Jay Modrall, The EU Commission publishes a proposal of the Digital Markets Act to regulate the so-called "gatekeeper platforms", 15 December 2020, e-Competitions December 2020, Art. N° 99435

4. Michele Giannino, The Italian Competition Authority fines a Big Tech company for abusive conduct in the digital markets (Google / Enel), 27 April 2021, e-Competitions April 2021, Art. N° 100994

5. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 102324

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

In this new episode, Eleanor M. Fox (Professor, NYU School of Law) discusses with Frédéric Jenny (Chairman, OECD Competition Committee, Paris / Professor, ESSEC Business School) the role of the consumer welfare standard in competition law.

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. Joanna Christoforou, Frances M. Murphy, Michael Zymler, The UK Competition Authority publishes a paper on the impact of algorithms on competition in digital markets and consumer welfare, 19 January 2021, e-Competitions January 2021, Art. N° 99580

2. Simon Holmes, Consumer welfare, sustainability and competition law goals, May 2020, Concurrences N° 2-2020, Art. N° 93496, www.concurrences.com 

3. Cani Fernández, Paloma Martínez-Lage Sobredo, Cani Fernández: The priority is to strengthen mechanisms to guarantee effective competition in markets that benefits consumers, May 2021, Concurrences N° 2-2021, Art. N° 100581, pp. 14-17

4. Alden F. Abbott, Shanker Singham, Enhancing welfare by attacking anticompetitive market distortions, december 2011, Concurrences N° 4-2011, Art. N° 39546, www.concurrences.com

5. Katsoulacos, Y., Avdasheva, S., & Golovanova, S. (2019). A Methodology for Empirically Measuring the Extent of Economic Analysis and Evidence and for Identifying the Legal Standards in Competition Law Enforcement. In Frederic Jenny Liber Amicorum: Standing up for convergence and relevance in antitrust. essay, Concurrences Review.

6. Jee-Yeon Lehmann, Liz Neyens, Rebecca Scott, Tímea Laura Molnar, The US FTC holds two panels examining antitrust issues in labor markets as part of its hearings on competition and consumer protection in the 21st century, 16 October 2018, e-Competitions October 2018, Art. N° 96937

7. Stéphane Rodrigues, Competition Policies and Consumer Welfare - Corporate Strategies and Consumer Prices in Developing Countries, February 2017, Concurrences N° 1-2017, Art. N° 83497, pp. 262

In this new episode, Mikaël Hervé (Vice President, European Competition Practice, Charles River Associates) explains the economics and global implications of the French Google decision in ad tech.

Read the transcript of this episode here

Video available on Concurrences Youtube channel.

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1. Antitrust concerns in Ad-Tech: formalizing the combined effect of multiple conducts and behaviours, European Competition Journal, Vol., No 2, 2021

2. French Competition Authority, The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 101065

3. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions September 2021 - II, Art. N° 102324

4. Christophe Lemaire, Alexandre Marescaux, Jurisdiction: The French Court of Jurisdictional Conflict rules that the Paris Court of Appeal has jurisdiction to rule on a decision of the French Competition Authority to publish a decision disclosing business secrets in spite of a classification decision of the General Rapporteur (Google), 5 October 2020, Concurrences N° 1-2021, Art. N° 99211, pp. 185-188

5. Tim Kasten, The French Competition Authority issues interim measures requiring a Big Tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94719

6. Florence Leroux, Thomas Oster, The French Competition Authority imposes interim measures on a Big Tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated with the use of their content based on transparent, objective, and non-discriminatory criteria (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94979

This podcast series has received unrestricted financial support from Charles River Associates. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Marshall Van Alstyne (Questrom Professor in Management, Boston University) on good and bad ideas for regulation.

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. Miranda Cole, Katarzyna Sadrak, The EU Commission publishes proposals imposing obligations on providers of digital services and augmenting enforcement powers, 15 décembre 2020, e-Competitions December 2020, Art. N°98962

2. Ernesto Apa, Enzo Marasà, Livia Petrucci, Maria Cristina Michelini, The EU Commission publishes a public consultation on the Digital Services Act covering issues such as online safety, freedom of expression and fairness, 2 juin 2020, e-Competitions June 2020, Art. N° 100185

 3. Jay Modrall, The EU Commission publishes a package of initiatives on Europe’s digital future to create legislation on AI and big data, 19 février 2020, e-Competitions February 2020, Art. N° 93847

4. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market : An overview of EU and national case law, 15 juillet 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045

5. Alexandre de Streel, Pierre Larouche, The European Digital Markets Act proposal : How to improve a regulatory revolution, mai 2021, Concurrences N° 2-2021, Art. N° 100432, pp. 46-63

6. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems : Understanding the issues, facing the challenges and moving forward , septembre 2021, Concurrences N° 3-2021, Art. N° 101662, pp. 38-62

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

Concurrences has launched a special series dedicated to foreign direct investment, as part of the "Antitrust Code" Podcast. The podcast series aims to decode antitrust law and policy. Our guests discuss the latest news and topical issues in competition law and economics around the world.

In this new episode of the series, Damien Levie (Head of Unit - Technology and Security, FDI Screening) and Paul Johnson (Partner, Baker Mckenzie) are interviewed by Samantha Mobley (Partner, Baker McKenzie) on Foreign Investment Screening at the European Union level.

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. Claire Vannini, Dimitri Guarneri, Foreign investment control: Analysis and practical views on the scope of the French and European mechanisms, August 2021, Concurrences N° 3-2021, Art. N° 101303

2. Concurrences Webinar - The EU Foreign Subsidies Proposal, 8 July 2021

3. Alec J. Burnside, Marjolein De Backer, The EU Commission issues its proposal to create wide-ranging powers to tackle non-European subsidies which may distort competition in Europe, 5 May 2021, e-Competitions May 2021, Art. N° 100919

4. Bill Batchelor, Frederic Depoortere, Andrew L. Foster, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Niels Baeten, The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies, 5 May 2021, e-Competitions May 2021, Art. N° 100984

5. Jay Modrall, The EU Commission publishes its first official guidance on the application of the FDI Regulation and states that during the COVID-19 crisis there could be an increased risk of attempts to acquire healthcare capacities, 25 March 2020, e-Competitions March 2020, Art. N° 94031

This podcast series has received unrestricted financial support from Baker MacKenzie. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In a decision published on July 13th, the French Competition Authority fined Google up to 500 million euros for not complying with the several injunctions issued in April 2020 with regards to the remuneration of related rights for press publishers and agencies.

In this new episode, Fayrouze Masmi-Dazi (Partner, Frieh Associés) explains the decision and discusses its impact. Will it trigger negotiations between Google and the press? Can Google block or appeal the injunction? And what decisions have been made in other countries?

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. Press release, Autorité de la Concurrence, 13 July 2021

2. Alain Ronzano, Intellectual property: The French Competition Authority sanctions a search engine for non-compliance with its decision on interim measures, mainly for not negotiating in good faith with publishers and press agencies, by refusing to grant a separate financial valuation to neighbouring rights for current uses of protected content (Google), 13 July 2021, Concurrences N° 2-2021, Art. N° 101556 

3. Laurent Geelhand, Antoine Riquier, The French Competition Authority imposes interim measures on a dominant Big Tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google), 9 April 2020, e-Competitions April 2020, Art. N° 95257

4. French Competition Authority, The French Competition Authority imposes interim measures against a search engine suspected to abuse of its dominance by infringing the law relating to neighboring rights (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94250

This podcast series has received unrestricted financial support from Frieh Associés. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

On June 7th, 2021, the French Competition Authority (Autorité de la concurrence) sanctioned Google for having abused its dominant position in the advertising server market. This is the first decision in the world to look at the complex algorithmic auctions processes.

In this episode, Fayrouze Masmi-Dazi (Partner, Frieh Associés) discusses the decision: What are the potential impacts of this decision globally? What are the commitments proposed by Google and accepted by the Autorité to address these issues? ”

Video available on Concurrences Youtube channel.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.

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. French Competition Authority, The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google), 7 June 2021, e-Competitions June 2021, Art. N° 101065

2. Alain Ronzano, Engagements : L’Autorité de la concurrence inflige une amende de 220 millions d’euros pour une pratique d’auto-préférence réciproque entre le serveur publicitaire et les plateformes de mise en vente programmatique d’espaces publicitaires dans le secteur de la publicité en ligne (Google), 7 June 2021, Concurrences N° 2-2021, Art. N° 101172

3. Maria-Olga Papadopoulou, Margot Vogels, Andreas Reindl, The French Competition Authority fines a Big Tech company €220 million for favoring its own services in the online advertising services supply chain (Google), 7 June 2021, e-Competitions June 2021, Art. N° 101482

This podcast series has received unrestricted financial support from Frieh Associés. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.