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In this new episode, William E. Kovacic (GWU Law School), in discussion with François-Charles Laprévote (Cleary Gottlieb) and Antoine Chapsal (Analysis Group), closed the Global Merger Control Conference that occurred in Paris on the 26th of June 2026. If you would like to read more about this conference, see speakers' photos and/or videos, check this page.

KEY TAKEAWAYS

The Evolving Role of Competition Authorities in Industrial Policy and Innovation

• Competition authorities are well placed to advise governments on industrial policy, drawing on their expertise in market dynamics, competition and industry evolution.

• Their role should primarily be to inform public policy decisions rather than incorporating broader political objectives directly into merger enforcement.

• Expanding competition law to pursue multiple policy goals increases political influence over enforcement and may undermine the independence of competition authorities.

• Broad enforcement discretion should be accompanied by greater transparency, clear reasoning and robust disclosure to preserve accountability and legal certainty.

• The influence of merger guidelines ultimately depends on consistent implementation, persuasive economic analysis and the development of case law.

• Assessing innovation and dynamic competition requires multidisciplinary expertise extending beyond law and economics to include technical and sector-specific knowledge.

• Competition authorities need stronger analytical capabilities, better data and greater resources to address increasingly complex regulatory responsibilities.

• Effective competition enforcement in innovation-driven markets depends not only on sound legal frameworks but also on sustained institutional investment and technical expertise.

DOCUMENTATION

Paul Gilbert, Ricardo Zimbron, Anders Jay, Nicholas Levy, The UK Competition Authority clears the merger between 2 major telecommunications companies subject to behavioural commitments (Vodafone / Three), 5 December 2024, e-Competitions December 2024, Art. N° 122350.

UK Competition Authority, The UK Competition Authority clears a merger in the telecommunications market subject to legally binding commitments to roll out a combined 5G network (Vodafone / Three), 5 December 2024, e-Competitions December 2024, Art. N° 122329.

Veronica Roberts, Kristien Geeurickx, Christon Shenolikar, The UK Competition Authority launches a consultation on the revised merger remedies guidance, 16 October 2025, e-Competitions October 2025, Art. N° 129345.

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In this new episode, Guillaume Loriot (DG COMP) and William E. Kovacic (GWU Law School), in discussion with Séverine Schrameck and Frédéric de Bure (Cleary Gottlieb), opened the Global Merger Control Conference that occurred in Paris on the 26th of June 2026.

If you would like to read more about this conference, see speakers' photos and/or videos, check this page.

KEY TAKEAWAYS

Guillaume LORIOT
Deputy Director General for Mergers, DG COMP, Brussels

Pre-Notification Efficiency Engagement: A New Commission Mindset

• Parties are encouraged to raise efficiency arguments from pre-notification; the Commission can then signal what it will scrutinize most closely.

• Understanding the deal rationale has always been standard practice, but is now pushed more actively in complex or borderline cases.

• Consistency is key: what parties tell shareholders must align with what they present to the Commission.

• Two recent cases illustrate the approach: an aircraft maintenance JV (pooling synergies across global repair sites) and a case in Portugal, where efficiency arguments were engaged with at an early stage.

• In both cases, no competition concerns ultimately arose, but early engagement proved useful regardless, particularly for testing whether the claimed benefits resonated with customers.

• Analysis at this stage is necessarily lighter than in Phase 2, but provides a first market-grounded read on whether the claimed benefits are credible.

• Early engagement is not one-sided: it also disciplines parties to come with a coherent and consistent story, aligned across shareholders, boards, and the Commission.

• The goal is not to facilitate clearance: it is to rigorously assess arguments from the outset, requiring substantiated and internally consistent submissions.

• This shift in mindset reflects a broader reset: the Commission is willing to engage, but expects parties to come prepared with concrete, verifiable elements from the outset.

William E. KOVACIC

Professor, GWU Law School, Washington D.C.

Ex Post Review: Building Institutional Memory in Merger Control

• After-the-fact reviews of agency decision-making are underused and should become standard practice.

• The goal is not to prepare elaborate quantitative studies, but to conduct structured reviews of the reasoning and assumptions that drove decisions.

• Access to internal files reveals where judgment calls were made and what lessons can be drawn for future cases.

• This creates pressure to write honest, substantiated memos at the time rather than retreating into vague generalities.

• Transparency at the time of the decision is what makes ex post review meaningful; you can only learn from what was properly documented.

• The United Launch Alliance clearance illustrates the value: a 2-to-1 deal cleared under DoD pressure, but documented transparently.

• That documentation later proved instructive when assessing what the SpaceX alternative ultimately delivered.

• The SpaceX example shows that documenting risks and alternatives at clearance stage can shape smarter policy choices down the line.

• Ex post review builds institutional memory, particularly valuable as agencies face a growing range of considerations.

• Agencies should ask not just whether a decision was legally sound, but whether the assumptions behind it held up over time.

• The 50th anniversary of Hart-Scott-Rodino this September 30th is a timely moment to ask whether premerger notification still delivers the right information at the right time.

DOCUMENTATION

Sally Evans, Lori Parcel Taubman, Merger Remedies: A Comparison of Recent Developments in the UK, EU and US, 6 March 2026, e-Competitions Merger Remedies, Art. N° 131555.

Alejandro Guerrero, Ombline Ancelin, Riccardo Pennisi, Ekram Belhadj, Martin Gramsch, Pablo Moro Valbuena, Laura Cortés López, The EU Commission adopts guidelines clarifying the application of the Foreign Subsidies Regulation across mergers, investigations and public procurement, 9 January 2026, e-Competitions January 2026, Art. N° 131082.

Théo Mayer, European industrial policy and merger control: The hypothesis of a right of appeal for the Council of the European Union to address the new challenges of globalization, 1 December 2025, Concurrences N° 12-2025 , Art. N° 130220.

Christian Bergqvist, David Bosco, Stephen Dnes, Bowman Heiden, Constance Helfat, Frédéric Jenny, Peter Klein, Nicolas Petit, Luc Soete, David Teece, Designing EU merger policy for competitiveness and growth, 3 November 2025, Concurrences N° 11-2025, Art. N° 129509.

Étienne Chantrel, Alexis Walckiers, Can we afford to keep ignoring out-of-market efficiencies in the merger control guidelines after the Draghi report? Insights from sustainability agreements, 3 November 2025, Concurrences N° 11-2025, Art. N° 128941.

Sergio Baches Opi, Gun jumping in mergers: An overview of EU and national case law, 31 October 2025, e-Competitions Gun jumping, Art. N° 128786.

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In this new episode, Charles Beller (U.S. Department of Justice) and Ricardo Zimbron (Cleary Gottlieb Steen & Hamilton) closed the International Merger Conference that occurred in London on the 4th of June 2026.

If you would like to read more about this conference, see speakers' photos and/or videos, check this page.

KEY TAKEAWAYS

Merger Control Policy Shifts and the Role of Efficiencies in the US Framework

• Merger enforcement in the US is driven primarily by competitive effects analysis rather than formal efficiency offsets.

• Efficiencies are still considered, but they do not operate as a standalone legal defence against anticompetitive harm.

• The 2023 Merger Guidelines aim to align enforcement practice more closely with established case law and judicial precedent.

• Courts ultimately decide cases, meaning agencies must prove harm before a neutral fact-finder rather than rely solely on guidelines.

• Efficiencies may still matter as part of rebutting a prima facie case, but they rarely determine outcomes alone.

• The US system prioritizes litigation strategy and evidentiary burden over guideline-driven decision-making.

• Enforcement remains focused on dynamic competitive effects, including entrenchment and barriers to entry in evolving markets.

• Recent policy shifts reflect continuity in analytical tools, but differences in how they are applied depending on the Administration.

DOCUMENTATION

US Department of Justice Antitrust Division, The US DoJ requires a cement company and its subsidiary to divest 3 ready-mix concrete plants to proceed with a $712M acquisition, subject to divestiture to a local building materials operator (Taiheiyo Cement / CalPortland / Vulcan Materials), 21 May 2026, e-Competitions May 2026 - IV, Art. N° 134996

US Federal Trade Commission, The US FTC conditionally clears an $848M acquisition between the 2 largest micromarket kiosk providers, requiring divestiture of a competing business and imposing non-discrimination interoperability obligations (365 Retail Markets / Cantaloupe), 1 May 2026, e-Competitions May 2026, Art. N° 134587

US Federal Trade Commission, The US FTC reaches a preliminary settlement with a Texan services provider to restore competition following a decade-long roll-up acquisition scheme (US Anesthesia Partners), 23 April 2026, e-Competitions April 2026, Art. N° 134382

US Federal Trade Commission, The US FTC opens a public consultation on a request to set aside a 2018 merger consent order in the solid rocket motor sector citing market changes and defence priorities (Northrop Grumman / Orbital ATK), 2 April 2026, e-Competitions April 2026, Art. N° 133970

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In this new episode, Annemiek Wilpshaar (DG COMP), Joel Bamford (UK CMA) and Jackie Holland (Cleary Gottlieb) opened the International Merger Conference that occurred in London on the 4th of June 2026.

If you would like to read more about this conference, see speakers' photos and/or videos, check this page.

KEY TAKEAWAYS

Joel BAMFORD
Executive Director, Mergers, UK Competition and Markets Authority, London

CMA Merger Guidance Update – Efficiency, Innovation, and Convergence with EU Approach

• The update is part of a broader 18-month programme focused on clarity, predictability, and pace, covering process, remedies, and now efficiencies.

• The core legal test is unchanged: efficiencies must be merger-specific, timely, likely, and sufficient to offset anti-competitive effects, supported by verifiable evidence.

• The guidance provides more detail on how efficiencies are assessed in practice, with more examples and earlier engagement encouraged from pre-notification onwards.

• Dynamic efficiencies fit within the existing framework, but with explicit recognition that benefits may materialise later, calibrated to innovation cycles.

• Merger specificity is assessed against what is commercially rational, not merely theoretically possible.

• Firms feared that raising efficiencies would cause harm or risk an efficiency offence; the guidance normalises early engagement and confirms that such offence cases are rare.

• Entrenchment, portfolio effects, and ecosystem theories are familiar concepts reframed, with outcomes driven by case-specific evidence.

• The CMA reviewed Booking/eTraveler on similar theories to the EC but reached a different outcome, showing that a shared framework does not guarantee identical results.

• The CMA uses Relevant Customer Benefits to consider wider sustainability and resilience outcomes, but stresses that firm, market, and supply chain resilience are distinct concepts.

• The UK’s public interest intervention test provides a separate route for non-competition considerations, applied in banking and during the COVID pandemic.

• The CMA maintains close working relationships with the EC, DOJ, FTC, and other global agencies, with regular bilateral engagement well beyond major conferences.

Annemiek WILPSHAAR Head of Unit, Markets and cases II, Mergers, DG COMP, BrusselsEU Merger Guidelines – Modernisation, Efficiency, and New Theories of Harm

• The update reflects 20+ years of case practice and responds to the Draghi/Letta reports on Europe’s competitiveness and productivity gap.

• The core objective is to help European companies scale up and compete in global markets, not just to update enforcement rules.

• New guidelines shift from a static, category-based approach to a more dynamic, forward-looking framework centred on market power and rival reactions.

• For the first time, the Commission explicitly signals that "big is not bad" and that mergers can generate pro-competitive benefits.

• A new "theory of benefits" concept requires parties to substantiate efficiency claims with concrete economic mechanisms rather than general statements.

• Direct efficiencies (immediate cost savings, quality gains) are distinguished from dynamic efficiencies (longer-term innovation benefits), with more flexibility on timing and quantification for the latter.

• Entrenchment concerns apply only to dominant firms in markets with network effects or customer inertia, where the acquired asset is closely related to the dominant firm’s product and important to effectively compete and unique.

• Portfolio effects now cover brand loyalty, customer overlap, and cross-product negotiation behaviour (Mars/Kellanova).

• Access to commercially sensitive data is confirmed as a standalone theory of harm (UMG/Downtown).

• Early engagement is strongly encouraged, particularly on innovation-related claims, as the underlying evidence typically sits with the merging parties.

• International coordination with agencies such as the ICN and OECD is routine, especially on global markets, remedies, and purchaser alignment.

DOCUMENTATION

Peter Alexiadis, Konstantinos Lampropoulos, EU competition policy through an industrial policy lens: Adapting to the post-Draghi world, 1 January 2026, Concurrences N° 1-2026, Art. N° 130944

Olivier Guersent, More competitiveness with less competition… seriously?, 1 June 2026, Concurrences N° 6-2026, Art. N° 135190
Peter Alexiadis, Konstantinos Lampropoulos, EU competition policy through an industrial policy lens: Adapting to the post-Draghi world, 1 January 2026, Concurrences N° 1-2026, Art. N° 130944

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In this new episode, Bernardus Smulders (Court of Justice of the European Union) and Jérôme Philippe (Freshfields) opened the Private Enforcement in the EU Conference that occurred in Paris on the 2nd of April 2026.

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Key takeaways of Bernardus Smulders (Court of Justice of the European Union) speech "Recent CJEU Case Law on Private Enforcement: Structure, Limits and Emerging Trends":

• The Court’s case law structures private enforcement around four key areas: third-party funding, limitation periods, jurisdiction and applicable law, and access to evidence.

• On third-party litigators, the Court holds that national rules cannot block claim assignments where no effective alternative exists and individual actions are excessively difficult.

• On limitation periods, the Court requires that time limits do not start before the infringement has ended and before the victim can reasonably know the key elements of the claim.

• In Nissan, the Court clarifies that the limitation period starts only once the national authority’s decision becomes final, since only then does it bind national courts.- On jurisdiction, the Court adapts traditional rules to collective and digital cases by allowing courts to rely on the affected market as a whole.

• In multi-defendant cases, jurisdiction can be centralized if claims are closely connected in order to avoid inconsistent judgments.

• On access to evidence, the Court introduces a flexible plausibility test that requires a credible claim while preventing abusive disclosure requests.

• Overall, the case law shows a consistent reliance on the principle of effectiveness and a growing role of the Court in clarifying gaps in EU legislation.

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In this new episode, Mark R. Meador (U.S Federal Trade Commission) gave a keynote speech during the Tech Antitrust Conference that occurred in Palo Alto on the 15th of January 2026.

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Key takeaways of Mark Meador speech Innovation and Antitrust: Bridging the Silicon Valley–Washington Divide

• Both DC and Silicon Valley operate within their own “bubbles,” which creates mutual misunderstanding and leads each side to see the other as either obstructionist or naïve.

• The debate is often reduced to a false binary of regulation versus innovation, instead of evaluating each case on its merits.

• Not all regulation is harmful and not all innovation is beneficial, so the focus should be on distinguishing wise innovations from harmful ones.

• Technology’s promise has not always translated into societal benefit, as the internet democratized knowledge but much of its use has become passive consumption (e.g., short-form video).

• AI represents a pivotal inflection point, with the potential to drive breakthroughs in medicine, science, and defense or to deepen social harm and mistrust if left unchecked.

• Antitrust enforcement is crucial because competitive markets drive better innovation and prevent the concentration of power that undermines consumer welfare.

• Acqui-hire practices pose a real competitive threat, as large firms may acquire startups primarily to commandeer talent and reduce competition, creating “buy and kill” dynamics.

• Antitrust law is not outdated—its principles remain applicable, but the challenge is applying them effectively in real-time with modern market data and economic insights.

• Enforcement must follow “regular order,” with predictable, fair, and transparent processes to avoid politicized or arbitrary enforcement.

• The shared mission is serving the American public, and both regulators and tech companies must build trust and show how their actions benefit ordinary people, not just elites.

DOCUMENTATION

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025

Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025

Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025

Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

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In this new episode, Peter Mucchetti & Timothy Lyons (Clifford Chance) interview Daniel Guarnera (U.S. Federal Trade Commission) during the Tech Antitrust Conference that occurred in Palo Alto on the 15th of January 2026.

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DOCUMENTATION

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025

Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025

Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025

Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

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In this new episode, Stavroula Vryna (Clifford Chance) interviews Gustavo Augusto Freitas de Lima (CADE) before the Tech Antitrust Conference that occured in Palo Alto on the 15th of January 2026.

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DOCUMENTATION

Italian Competition Authority, The Italian Competition Authority orders a Big Tech company to suspend the terms excluding competing AI Chatbots from WhatsApp (Meta), 24th December 2025, e-Competitions January 2026 - I, Art. N° 130696

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Jéssica Nemeth, Sara Routsi, Beyond traditional M&A : Antitrust perspectives on acqui-hires, contracts, and minority stakes in tech and pharma, 1st December 2025, Concurrences N° 12-2025 , Art. N° 130135

David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025

Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025

Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025

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In this new episode, Aleksander Tombiński (Clifford Chance) and Elena Zoido (Compass Lexecon) Interview Cani Fernández Vicién (Spanish Competition Authority) before the Antitrust Horizon: Meet the Enforcers workshop.

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1. David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025, e-Competitions Big Tech & Dominance, Art. N° 126896

2. Amelia Mora, Martin Seegers, The EU Court of Justice rules that the limitation periods for cartel damages claims start only after the final decisions of national competition authorities (Nissan Iberia), 4 septembre 2025, e-Competitions September 2025 - II, Art. N° 128629

3. Scott Eisman, Mary Helen Wimberly, The US Court of Appeals for the DC Circuit denies the Government’s motion for a stay and orders the reinstatement of a Democratic FTC Commissioner in a dispute over President Trump’s removal without cause (Slaughter / Trump), 2 September 2025, e-Competitions September 2025 - II, Art. N° 128606

4. Stephen Calkins, Politicization of antitrust: Part II - Politics and communication by antitrust enforcers, July 2025, Concurrences N° 7-2025, Art. N° 126302

5. Oliver Latham, Sam Marden, Politicization of antitrust: Part III - The politician and the judge: Implications for competition policy , July 2025, Concurrences N° 7-2025, Art. N° 126331

6. Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025, Concurrences N° 7-2025, Art. N° 126683

7. Andreas Heinemann, Interoperability as a catalyst for competition and innovation, July 2025, Concurrences N° 7-2025, Art. N° 126292

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Join us for an engaging discussion with Antonio Capobianco (OECD) and Ariel Ezrachi (University of Oxford) on the key themes explored in the Compendium of International Cartels book, published by Concurrences. In this insightful conversation, they examine algorithms and collusion, exploring how algorithms may facilitate tacit or explicit coordination, and examining why enforcement remains limited and what challenges regulators face in addressing algorithmic collusion.

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Join us for an engaging discussion with Despina Pachnou (OECD) and Maria Jaspers (European Commission) on the key themes explored in the Compendium of International Cartels book, published by Concurrences. In this insightful conversation, they examine leniency programs, exploring both their usefulness in detecting cartels and the challenges associated with them.

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Join us for an engaging discussion with Ori Schwartz (OECD), editor of Compendium of International Cartels, and Juliette Enser (CMA) on the key themes explored in the book, published by Concurrences. In this insightful conversation, they examine international cooperation and how to enhance enforcement and improve cooperation in cartel investigations.

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Join us for an engaging discussion with Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law (Istanbul)), author of Innovation Paradox in Merger Control, and Frédéric Jenny (OECD) on the key themes explored in the book, published by Concurrences. In this insightful conversation, they examine the complex interplay between innovation and competition policy, highlighting the challenges merger control faces in fostering innovation while ensuring market fairness.

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In this new episode, Nils Wahl (European Court of Justice) delivers a Closing speech on Track Record and Future Prospects at the Global Merger Control conference in Paris on December 6th, 2024.

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1. Muriel Chagny, Étienne Chantrel, Faustine Viala, Illumina/Grail : Halting the practice of Article 22... What comes next? (AFEC, Paris, September 17, 2024), November 2024.

2. Harry Robins, David R. Brenneman, Joshua Goodman, Qian (Susan) Zhu, Damos Anderson, Bernard W. Archbold, John Ceccio, The US FTC issues changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024.

3. Guillaume Fabre, Bastien Thomas, Nicolas Chavonnand Valades, Concentrations in the digital sector: Interplays between the DMA and EU merger control, September 2024

4. Iveta Stoyanova, Luis Moscoso Del Prado, The EU Commission publishes a FSR brief recapping the first 100 days of the Foreign Subsidies Regulation, 22 February 2024.

5. Madani Bah, David Tayar, Oligopolistic markets: The Court of Justice of the European Union overturns the judgment of the General Court annulling the Commission’s decision to prohibit a merger in the telecoms sector, in a very severe ruling that sets out the standard of proof that the Commission must meet when prohibiting a merger (CK Telecoms UK Investment), 13 July 2023.

6. Maren Tamke, Josef Hainz, Jean-Nicolas Maillard, Emmanuelle van den Broucke, Paul Lemmen, The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast), 16 March 2023.

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In this new episode, Aleksander Tombiński (Clifford Chance) interviews Andrea Marvan Saltiel (COFECE) on The Future of Competition Enforcement in Mexico: Insights on the Cofece Reform and Its Impact. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

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1. Andrea Marván Saltiel, Lucia Ojeda, Andrea Marván Saltiel (COFECE): Navigating institutional change in Mexico, February 2025.

2. Mexican Competition Authority, The Mexican Competition Authority undergoes a transitional period prior to the replacement of Cofece with a new agency, 6 January 2025.

3. Mexican Competition Authority, The Mexican Competition Authority announces its position on the Organic Simplification Proposed Reform which includes the dissolution of the Federal Economic Competition Commission as an autonomous constitutional body, 23 August 2024.

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In this new episode, Neil Dryden (Compass Lexecon) interviews Olivier Guersent (DG COMP) on Key Insights on Digital Mergers, Antitrust Frameworks, and the Impact of the Draghi Report. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

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1. Fiona Carlin, I. Europe’s response to a shifting world order and the implications for EU competition policy, February 2025.

2. Irene de Angelis, II. Draghi Report - A new competition tool: A necessary renewal of existing practices?, February 2025.

3. Arianna Andreangeli, A new agenda for growth: The Draghi report and competition policy, February 2025.

4. James Killick, Assimakis Komninos, Tilman Kuhn, Strati Sakellariou-Witt, Giulio Preti, The EU Commission publishes the Draghi Report calling for changes to State Aid and competition policy, 9 September 2024.

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In this new episode, Jorge Padilla (Compass Lexecon) interviews Douglas Ginsburg (U.S. Court of Appeals) on the Big Tech, AI Partnerships & Antitrust: Navigating Competition in the Digital Age. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

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If you would like to read more about this conference, check this page.

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. Xénia Brun, Antitrust and the Digital Economy: Legal Standards, Presumptions, and Key Challenges, January 2025.

2. J. Clayton Everett, Jr., Brendan Fee, Joshua Goodman, Minna Lo Naranjo, Rishi Satia, Braden Fairweather, The US FTC and DoJ jointly withdraw the Antitrust Guidelines for Collaborations Among Competitors, 11 December 2024.

3. Christophe Carugati, Rima Alaily, Gregor Langus, Norbert Maier, Rashid Muhamedrahimov, Tone Oeyen, Yesim Yargıcı, Rafael Longo, Marta Rocha, Friso Bostoen, Anouk Van der Veer, Artificial Intelligence and antitrust, May 2024.

4. Barbara T. Sicalides, Brett E. Broczkowski, The US FTC launches an inquiry into generative AI investments and partnerships by dominant companies to ascertain if they could distort innovation and undermine fair competition (Alphabet / Amazon / Anthropic / Microsoft / OpenAI), 25 January 2024.

5. Richard S. Taffet, Marc Rysman, Katie Glynn, Jonathan M. Jacobson, Linda Cenedella, Joanna Christoforou, Nicholas Pellow, Jon R. Roellke, Jorge Padilla, Albert Riera, Xavier Vives, Rainer Schwabe, Tech’s Impact on Financial Services Competition, November 2021.

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In this new episode, Peter Mucchetti (Clifford Chance) interviews Aaron D. Hoag (U.S. Department of Justice) on DOJ's Antitrust Battles: Google, Algorithms, and Big Tech. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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

If you would like to read more about this conference, check this page.

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. Daniel Gilman, Jonathan M. Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025.

2. Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025.

3. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024.

4. Irving Scher, How the FTC can harmonize its rejuvenated Robinson-Patman Act enforcement with contemporary antitrust policies, November 2024.

5. Herbert Hovenkamp, James A. Keyte, Herbert Hovenkamp (University of Pennsylvania): The need for objective measures in antitrust law, September 2024.

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In this new episode, Daniel Francis (NYU School of Law) and Andrew Finch (Paul, Weiss) deliver an Opening Fireside Chat on the question: Has the Biden administration changed antitrust? This discussion occur at the Global Antitrust Economics conference in New York on November 12th, 2024.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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

If you would like to read more about this conference, check this page.

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. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024

2. US Department of Justice Antitrust Division, The US Court of Appeals for the First Circuit affirms the blocking of 2 major airlines’ non-compete agreements in the Northeast (American Airlines / JetBlue), 8 November 2024

3. Ryan K. Quillian, Pegah Nabili, The US FTC and DoJ publish the HSR Annual Report for 2023 showing historically low levels of merger enforcement, 10 October 2024, e-Competitions October 2024

4. US Federal Trade Commission, The US FTC unanimously votes in favour of changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024

5. David B. Schwartz, Rebecca A. D. Nelson, Emilee L. Hargis, Stephen Scannell, The US District Court for the Western District of Washington highlights risks and impacts from using pricing algorithms in a case brought by the FTC against a Big Tech company (Amazon), 30 September 2024.

6. Jamillia Ferris, Meghan Rissmiller, Jan Rybnicek, Matthew D. McDonald, Sam Fulliton, The US FTC and DoJ issue final merger guidelines which represent a significant departure from the 2010 Guidelines and reflect the expansive enforcement approach followed by current antitrust agencies’ leaderships, 18 December 2023.

7. Karen M. Lent, Kenneth Schwartz, The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers, 18 January 2022.

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In this new episode, Nicholas Khan KC (Monckton Chambers) and Christian Ahlborn (Covington & Burling) deliver a Closing Fireside Chat on Article 102 Guidelines at the New Frontiers of Antitrust conference in Paris on November 22nd, 2024.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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

If you would like to read more about this conference, check this page.

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. Marie Cartapanis, Claire Mongouachon, AEC Test : The Court of Justice of the European Union dismisses an appeal brought by the European Commission and rules on the application of the most effective competitor test (Intel), 24 October 2024.

2. 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.

3. Elisabetta Rotondo, The EU Court of Justice hands down a judgement finding that a football association’s rules which preclude the creation of competing associations breach the EU competition law (ESLC / UEFA / FIFA), 21 December 2023.

4. Giovanni Pregno, The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia), 19 January 2023.

5. Anne Wachsmann Guigon, Nicolas Zacharie, Daniel Green, Notion of abuse: The European Court of Justice specifies the criteria to be used to qualify the abuse of a dominant position characterised by exclusionary practices (Servizio Elettrico Nazionale), 12 May 2022.

6. James Killick, Jacquelyn MacLennan, Mark Powell, The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC, 24 February 2009.

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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.

Stay updated on future book podcast episodes – Follow us on Bluesky and join the Concurrences page on LinkedIn.

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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.

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

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

If you want 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

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

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In this new episode, Neil Dryden (Compass Lexecon) interviews Martijn Snoep (Netherlands Authority for Consumers & Markets) before the Antitrust Horizon: Meet the Enforcers workshop.

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

If you want to read more about this topic, check the Concurrences website, where you can find all relevant articles.

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.

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An insightful dialogue with Friso Bostoen, on the subject of his book recently published by Concurrences, "Abuse of Platform Power - Leveraging Conduct in Digital Markets under EU Competition Law and Beyond", discussing the latest trends in this area of interest.

https://www.concurrences.com/en/all-books/abuse-of-platform-power-leveraging-conduct-in-digital-markets-under-eu

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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.

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

If you want to read more about this topic, check the Concurrences website (concurrences.com) where you can find all relevant articles

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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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In this new episode, Fayrouze Masmi-Dazi (Dazi Avocats) interviewed Yann Guthmann (French Competition Authority) on where are we and what is to come for Artificial Intelligence Antitrust Video available on Concurrences Youtube channel

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

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

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

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

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

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

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In this new episode, Neil Dryden (Compass Lexecon) is interviewing David Tudor (Prosus) on where we are and what is to come for tech antitrust.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1 DIGITAL REGULATIONS : AMERICAS, EU, UK & ASIA

1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

2 MERGER CONTROL & FDI

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

3 DIGITAL COMPETITION ENFORCEMENT: IN-HOUSE COUNSEL PERSPECTIVES

1. European Commission, The EU Commission sends a Statement of Objection to a Big Tech company over abusive practices in online advertising technology (Google ad tech), 14 June 2023

2. Ronan Scanlan, The UK Competition Appeal Tribunal announces the receipt of an application to review the Competition Authority’s decision to prohibit the acquisition of a leading video game publisher (Microsoft / Activision Blizzard), 26 May 2023

3. Lazar Radic, The US Court of Appeal of the 9th Circuit partially upholds the district court’s judgment regarding a Big Tech company’s prohibition of third-party app stores and in-app-payment systems from operating on its proprietary iOS platform (Epic Games / Apple), 24 April 2023

4. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

5. US Department of Justice Antitrust Division, The US DoJ prosecutes a former digital interactive whiteboard salesman and secures a guilty plea for rigging bids harming the largest public school system in the United States (Dwayne Johnson), 15 February 2023

6. US Department of Justice Antitrust Division, The US DoJ and 8 State Attorneys General sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google), 24 January 2023

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In this new episode, Milena Robotham (Clifford Chance) is interviewing Alexandre Cordeiro Macedo (CADE) on where we are and what is to come for tech antitrust.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

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In this new episode, Margrethe Vestager (Vice President of the EU Commission) speaks on digital and antitrust policyat the Tech Antitrust conference held in Palo Alto on January 11, 2024 by Concurrences in partnership with Clifford Chance and Compass Lexecon.Follow us on X @CompetitionLaws and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.

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A highly informative dialogue between Judge Douglas Ginsburg (US Court of Appeals) and Judge Diane Wood (US Court of Appeal), on the subject of the book "Judicial Review of Competition Cases", published by Concurrences:

https://www.concurrences.com/en/all-books/judicial-review-of-competition-cases

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A comparative dialogue between Neil Campbell (Partner at McMillan), Renata Fonseca (Partner at Mattos Filho), and Sonia Kuester Pfaffenroth (Partner at Arnold & Porter), on the subject of the book "Competition Law Treatment of Joint Ventures", published by Concurrences:

https://www.concurrences.com/en/all-books/competition-law-treatment-of-joint-ventures-109114

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An informative discussion between Alastair Mordaunt (Partner at Freshfields Bruckhaus Deringer), Andrea Hamilton (Partner at Milbank London), and Niko Hukkinen (Partner at Frontia Helsinki), on the subject of the book "Competition Law Treatment of Joint Ventures", published by Concurrences:

https://www.concurrences.com/en/all-books/competition-law-treatment-of-joint-ventures-109114

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An informative dialogue between Judge Douglas Ginsburg and former Chairman of the UK Competition Appeal Tribunal, Peter Freeman, on the subject of the book "Judicial Review of Competition Cases", published by Concurrences.

https://www.concurrences.com/en/all-books/judicial-review-of-competition-cases

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

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In this new episode Margrethe Vestager (European Commission) speak for Foreign Subsidies: Towards enforcement of the eu regulation conference organised by Concurrences in partnership with King & Spalding, Willkie Farr & Gallagher and Avisa Partners

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Lise Damelet, Règlement européen relatif aux subventions étrangères, Dictionnaire de droit de la concurrence, Concurrences, Art. N° 107803, 1er février 2023

2. Carole Maczkovics, Johan Ysewyn, Peter D. Camesasca, Sophie Bertin, Christian Ahlborn, Sibel Yilmaz, The EU Parliament and Council Foreign Subsidies Regulation designed to prevent the distortion of the internal market enter into force, 12 janvier 2023

3. European Commission, The EU Commission sees the Foreign Subsidies Regulation enter into force, 12 janvier 2023

4. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023, 28 novembre 2022

5. Alain Ronzano, Politique de concurrence : Le Parlement européen adopte à une très large majorité le règlement relatif aux subventions étrangères faussant le marché intérieur, 10 novembre 2022

6. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Commission reaches agreement on foreign subsidies regulation with the new regime scheduled to enter into force in 2023, 30 juin 2022

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In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Michael Jacobides (London Business school) on Mobile ecosystems.If you want to read more about this topic, check the Concurrences website (concurrences.com) where you can find all relevant articles. Follow us on Twitter @CompetitionLaws and join the Concurrences Group on Linkedin to receive updates on our next podcast episodes.

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In this new episode, Lorenzo Coppi (Compass Lexecon) is interviewing Andreas Mundt (Bundeskartellamt) on where we are and what is to come for global antitrust.

If you want to read more about this topic, check the Concurrences website (concurrences.com) where you can find all relevant articles. Follow us on Twitter @CompetitionLaws and join the Concurrences Group on Linkedin to receive updates on our next podcast episodes.

1. German Competition Authority, The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon), 14 November 2022

2. Christoph Arhold, Mark D. Powell, Genevra Forwood, Irina Trichkovska, The EU Commission adopts a second amendment to the Temporary Crisis Framework to support businesses affected by Russia’s actions in Ukraine and the unfolding energy crisis, 28 October 2022

3. German Competition Authority, The German Competition Authority clears unconditionally but "with unease" the acquisition of a CRM platform by a social media company (Meta / Kustomer), 11 February 2022

4. Falk Schöning, Johanna Brock-Wenzek, Florian von Schreitter, The German Parliament passes amendments of antitrust law affecting the merger control regime, 19 January 2021

5. Miranda Cole, Peter D. Camesasca, The German Competition Authority publishes a draft on a new merger control notification threshold based on transaction value, 30 October 2017

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In this new episode, Ashwin van Rooijen (Clifford Chance) is interviewing Olivier Guersent (DG COMP) on where we are and what is to come for global antitrust.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Workshop, Antitrust Horizon - Meet The Enforcers: Olivier Guersent & Andreas Mundt, November 2022

2. European Commission, The EU Commission sees the DMA enter into force, ensuring open and fair digital markets, 1 November 2022

3. Alain Ronzano, Publication: The European Commission publishes the DMA in the Official Journal of the European Union, 12 October 2022

4. European Commission, The EU Commission welcomes the adoption by the EU Parliament of new rules for digital services, 5 July 2022

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In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Alden Abbott (George Mason University) on Merger Control in the Digital Sector.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Lesli C. Esposito, Amy Pimentel, David Saunders, The US FTC institutes court action against a mobile app company for selling consumer location information (Kochava), 29 August 2022

2. US Federal Trade Commission, The US FTC seeks to block a Big Tech company’s acquisition of a popular virtual reality fitness app (Meta / Within), 27 July 2022

3. Pierre Larouche, Legislation on digital platform giants: The future of competition law?, February 2022

4. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

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.

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In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Giuseppe Colangelo (University of Basilicata - Potenza, Stanford Law School) on the definition of fairness.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Konstantina Bania, Sean-Paul Brankin, Jean Cattan, Francis Donnat, Damien Geradin, Martin d'Halluin, Pierre Larouche, Theano Karanikioti, Alexandre de Streel, Joëlle Toledano, Pat Treacy, Daniel Zimmer, The Digital Market Act, September 2022

2. Oles Andriychuk, Diane Coyle, David J. Gerber, Pier Luigi Parcu, Amelia Fletcher, Jorge Padilla, Salvatore Piccolo, Philip Lowe, Maurits J. F. M. Dolmans, Daniel Zimmer, Juliane Kokott, Ariel Ezrachi, Maurice Stucke, Svend Albæk, Hanna Schröder, Competition Overdose: Exploring the Limitations, searching for the treatment, February 2022

3. Eleanor M. Fox, Liber Amicorum, Antitrust Ambassador to the World, Fairness as a Counterpoint to Efficiency in Competition Policy?, p.308, October 2021

4. Fatma El-Zahraa Adel, Fairness in EU Competition Policy: Significance and Implications. An Inquiry into the Soul and Spirit of Competition Enforcement in Europe, Damien GERARD, Assimakis KOMNINOS et Denis WAELBROECK (dir.), February 2021

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.

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In this new episode, Aurelien Portuese (Director of Antitrust and Public Policy, Information Technology and Innovation Foundation) is interviewing Gregor Langus (Expert & Founder, Competitionsphere) on the topic of Value of Ad-funded Businesses.

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

1. Laurence Bary, Marion Lecole, Antitrust in the digital sector: an overview of EU and national case law, 30 June 2022
2. Laurent de Muyter, Jörg Hladjk, Holger Neumann, Undine Von Diemar, Olivier Haas, Andreas Holzwarth-Rochford, The EU Commission proposes a Data Act to enhance data access and sharing within the Union, 23 February 2022
3. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021
4. Harry First, Digital platforms and competition policy in developing countries, May 2021
5. Cristina Caffarra, “Follow the Money” - Mapping issues with digital platforms into actionable theories of harm, 29 August 2019

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

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• Eleanor M. Fox Liber Amicorum - Antitrust Ambassador To The World, PART III - Emerging Economies: Challenges and Opportunities

• Teresa Moreira, International cooperation in competition law enforcement: Is regional cooperation the best option for developing countries?, September 2021, Concurrences N° 3-2021, Art. N° 101384, www.concurrences.com

• Paula Farani de Azevedo Silveira and Paula de Andrade Baqueiro CADE, Rekindling Convergence: The Digital Economy and the Need for a Coherent and Convergent Global Competition Law Enforcement, Frédéric Jenny Liber Amicorum Volume II - Standing Up for Convergence and Relevance in Antitrust

• Harry First, Digital platforms and competition policy in developing countries, May 2021, Concurrences N° 2-2021, Art. N° 100660, www.concurrences.com

• European Competition Network Brief, The French Competition Authority accepts the commitments made by an online travel agency (Booking.com), 10 December 2019, e-Competitions December 2019, Art. N° 96208

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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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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

• 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, www.concurrences.com

• ​​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

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

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

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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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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

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

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

• 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)

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

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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.

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

• 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

• 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

• 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

• 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

• 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

• 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

• 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

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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".

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

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

• 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

• 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

• 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.

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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.

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

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

• 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

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

• 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.

• 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

• 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

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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

If you want to read more about this topic, check the Concurrences website (concurrences.com) where you can find all relevant articles:

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

• 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

• 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

• 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

• 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

• 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

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

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.

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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.

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

• 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

• 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

• 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

• 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

• 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.

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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.

Find more information here: Frequently asked questions on Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union, 22 June 2021: http://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157945.pdf

Video available on Concurrences Youtube channel

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

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

• 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

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

• 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.

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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?

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

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

• 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

• 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

• 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.

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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

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

• 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

• 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.

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In this new episode, Cristina Alaimo (Assistant Professor at Luiss Guido Carli University) is interviewed by Jennifer Baker (EU Policy and Tech Reporter) on the value of data: Are we approaching data in the right way? How important is it to categorize data? How valuable is open data? Should data be considered as a resource in terms of mergers and acquisitions?

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles.

• Interview with Rima Alaily (Microsoft by Maureen Ohlhausen (Baker Botts) for Webinar #3 - Data: Innovation, Level Playing Field & Access, 25 June 2021

• Concurrences Webinar, IP & Antitrust - #3 Data: Innovation, level playing field & access, 17 June 2021

• Geert Goeteyn, Christian D’Cunha, Luca Manigrassi, Ariel Ezrachi, Andrea Cilea, Maurice Stucke, Big Data and competition law, November 2017, Concurrences N° 4-2017, Art. N° 84938

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.

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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, Marie-Anne Lavergne (Head of Unit - Foreign Direct Investment, DG Trésor) and Guillaume Nataf (Partner, Baker Mckenzie) are interviewed by Samantha Mobley (Partner, Baker McKenzie) on Foreign Investment Screening in France.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• 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

• Concurrences Webinar - 12th New Frontiers of Antitrust Conference #1 Opening keynote speech by Bruno Le Maire & Foreign Direct Investment Control, 8 June 2021

• Peter D. Camesasca, Horst Henschen, Martin Juhasz, Foreign direct investment screening in Europe : A comparative perspective on differences and commonalities within Europe, November 2020, Concurrences N° 4-2020, Art. N° 96871, pp. 268-272

• Al Mangan, Bruce Kilpatrick, Rona Bar-Isaac, Helge Heinrich, The OECD reports on foreign direct investment flow regulation in EU member states during the COVID-19 pandemic, 4 mai 2020, e-Competitions May 2020, Art. N° 95949

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.

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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 episode, Samantha Mobley (Partner, Baker McKenzie) is interviewing Sarah Mackintosh (Deputy Director National Security & Investment, BEIS) and Sunny Mann (Partner, Baker Mckenzie) on Foreign Investments Screening in The United Kingdom.

Video available on Concurrences Youtube channel

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• UK Parliament, National Security and Investment Act 2021, Act, 29 April 2021

• Joanna Christoforou, Omar Shah, Savas Manoussakis, The UK Parliament’s Act on foreign direct investment receives royal assent, 29 April 2021, e-Competitions April 2021, Art. N° 101011

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.

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In December 2020, the European Commission submitted its proposal for a Digital Markets Act. The DMA aims to ensure that these digital platforms are operating fairly in Europe, but: Are current antitrust laws sufficient to cope with the development velocity of these platforms? Is it still possible to ensure fair competition on digital markets when there is an unequal understanding of the law (such as GDPR)?…

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Carmelo Cennamo (Professor at Copenhagen Business School) on the Digital Markets Act objectives, overarching architecture & its implications for value creation in the EU.

Video available on Concurrences Youtube channel

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

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

• Concurrences Webinar - Will a one-size-fits-all digital markets act deliver for consumers?, 11 May 2021

• Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio, DMA/DSA: Has Europe really given itself the means to achieve its ambitions?, May 2021, Concurrences N° 2-2021, Art. N° 100023

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

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

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.

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In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Gregor Langus (Director at E.CA) on the Can data accumulation lead to monopolization? What can be problematic? Is it possible for startups to compete against tech giants? What to expect in the next 20 years?...

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If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

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

• Giuseppe Colangelo, Viktoria Robertson, Kayvan Hazemi Jebelli, Antonio Manganelli, Antonio Nicita, Despoina Mantzari, Pedro Caro de Sousa, Virginia Pavel Dobre, Friso Bostoen, Daniel Mândrescu, Vikas Kathuria, Competition policy in the digital economy, May 2021, Concurrences N° 2-2021, Art. N° 100010

• Omar Vásquez Duque, Jörg Hoffmann, Can data exploitation be properly addressed by competition law ? A note of caution , February 2021, Concurrences N° 1-2021, Art. N° 98791, pp. 75-82

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.

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The rise of new types of platforms considerably changed digital markets, revealing new ways to enable interactions, transactions, and data collection.

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Julian Wright (Lim Chong Yah Professor of Economics, National University of Singapore) on the effects of regulation that might prevent natural platform expansions. What should we think of platforms leveraging their core capabilities to expand from their original core business? Is this an (antitrust) problem?

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• Alain Ronzano, Competition policy : Dutch, German and French governments adopt a common position calling for tightening of the Digital Markets Act on the largest platforms and for better coordination with competition rules, 27 May 2021, Concurrences N° 2-2021, Art. N° 101002

• Ania Thiemann, Antonio Neto, Barriers to entry in the digital market: An overview of EU and national case law, 12 May 2021, e-Competitions Barriers to entry in the digital market, Art. N° 100184

• Concurrences Webinar - Innovation Economics Conference for Antitrust Lawyers #4 "Platforms: The Envelopment Strategy" & Closing speech, 6 July 2020

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.

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Concurrences is launching 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 the first episode of this series, Samantha Mobley (Partner, Baker McKenzie) is interviewing Angelika Milger (Counsel - Division VB1, Federal Ministry for Economic Affairs and Energy) and Anahita Thoms (Partner, Baker Mckenzie) on Foreign Investments Screening in Germany.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• Peter D. Camesasca, Horst Henschen, Martin Juhasz, Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within Europe, November 2020, Concurrences N° 4-2020, Art. N° 96871, pp. 268-272

• Michael Masling, Christian Leeder, The German Government further aligns its foreign direct investment screening regime with the EU regulation, 28 October 2020, e-Competitions November 2020, Art. N° 98039

• Michael Masling, Christian Leeder, The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG), 17 July 2020, e-Competitions July 2020, Art. N° 95842

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.

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Network effects (vectors, volume, velocity…) have risen to the forefront in recent years because of the online presence and now more than ever need to be taken into account In the new digital age.

In this episode of the Podcast Series "Antitrust Code by Concurrences", Marco Iansiti (David Sarnoff Professor of Business Administration and Co-director of the Laboratory for Information Science at Harvard Business School) is being interviewed on assessing the strength of network effects in social network platforms.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

• US Federal Trade Commission, The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals, and prohibiting the imposition of anti-competitive conditions on software developers (Facebook), 9 December 2020, e-Competitions December 2020, Art. N° 98311

• Concurrences Webinar - Tipping in digital platform markets, 21 September 2020

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.

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Dans cet épisode francophone du podcast "Antitrust Code" par Concurrences, Emmanuel Combe, Vice-président de l’Autorité de la concurrence et Professeur à Skema Business School, parle des cartels d'entreprise.

Suivez-nous sur Twitter @Concurrences et rejoignez la page Concurrences sur Linkedin afin de rester informé.e de nos prochains podcasts.

Vous pouvez consulter notre site internet concurrences.com où vous trouverez plusieurs articles sur le sujet de cet épisode. 

• Robbert Snelders, Conor Opdebeeck-Wilson, Cartel settlements : An overview of EU and national case law, 17 juin 2021, e-Competitions Cartel settlements, Art. N° 99701

• Fatma El-Zahraa Adel, EU Cartel Law and Economics, Cédric ARGENTON, Damien GERADIN and Andreas STEPHAN, Mai 2021, Concurrences N° 2-2021, Art. N° 100235, pp. 263-264

• Wébinaire Concurrences : 2nd Cartels workshop #1 Opening speech & substantive issues, 20 Janvier 2021

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At the forefront of Big Tech regulation, the European Commission introduced in December 2020 the Digital Markets Act. The act proposes a set of ex ante rules empowering EU authorities to better prevent anticompetitive practices from "gatekeepers".

In this episode of the Podcast Series "Antitrust Code by Concurrences", Fayrouze Masmi-Dazi (Partner, Frieh Associés) discusses the Commission's proposal, the role of gatekeeper and the recent developments in France, UK and Germany.

Video available on Concurrences Youtube channel

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

If you want to read more about this topic, check the Concurrences website where you can find all relevant articles:

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

• Concurrences Webinar - Will a one-size-fits-all digital markets act deliver for consumers?, 11 May 2021

• Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio, DMA/DSA: Has Europe really given itself the means to achieve its ambitions?, May 2021, Concurrences N° 2-2021, Art. N° 100023

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