25 October

Antitrust in Developing & Emerging Economies : New Challenges In Public Interest, Big Tech, And Regionalism

Date & place

From 25 October at 11:00 to 27 October at 13:00 EDT

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Fireside chat

Oct. 25

Tuesday, 25 October - 11:00 - 11.30 AM EDT

Hon. Ebrahim PATEL I Minister of Trade, Industry and Competition of South Africa, Pretoria (bio)

Discussant : Eleanor FOX | Professor Emerita, New York University School of Law (bio)


Oct. 25

Tuesday, 25 October - 11:30 AM - 1.00 PM EDT

Public interests have growing importance in developing country competition law. Many jurisdictions weave food security, sustainability, inclusiveness, and fairness to workers into antitrust analysis or merger conditionality. Some jurisdictions privilege national security and even national champions. Are public interests an appropriate and even necessary concern of competition authorities? When are they relevant? How are they incorporated? And with what predictability?

Ioannis LIANOS | President, Hellenic Competition Commission, Athens (bio)
Simon ROBERTS | Professor, University of Johannesburg, Johannesburg (bio)
Heidi SADA | Executive Director for International Affairs, Federal Economic Competition Commission, Mexico (bio)
Doris TSHEPE | Commissioner, South African Competition Commission, Pretoria (bio)

Moderator: Eleanor FOX | Professor Emerita, New York University School of Law (bio)


Oct. 26

Wednesday, 26 October - 11:30 AM - 1.00 PM EDT

What do developing countries want and what are their vulnerabilities? Can actors in developing countries get fair access to the big tech platforms? Can developing countries’ agencies control big tech abuses? Can they take advantage of the rules and regulations crafted in the developed world?

Paulo BURNIER DA SILVEIRA | Senior Competition Expert, Competition Division, OECD, Paris/Brasilia (bio)
Gina CASS-GOTTLIEB | Chair, Australian Competition and Consumer Commission, Sydney (bio)
Michal GAL | Professor, University of Haifa (bio)
Gönenç GURKAYNAK | Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Geeta GOURI | Economic Consultant, Former Member, Indian Competition Commission, New Delhi (bio)

Moderator: Harry FIRST | Professor, New York University School of Law (bio)


Oct. 27

Thursday, 27 October - 11:15 AM - 12.45 PM EDT

Markets are bigger than nations, business firms are bigger than nations, and offenses and their remedies cross borders. Nations and their competition agencies are devising different rules, regulations and remedies to control the same conduct. Moreover, developing countries often remain Balkanized, suggesting that cross-border restraints are below the radar screen. Can the problems be generalized at higher than national levels for effective solutions? This panel will discuss the hope of regional economic communities, including the planned competition protocol within the African Continental Free Trade Agreement, which is just now being negotiated. What are the tasks that must and should be performed at the center?

Michal HALPERIN | Senior Fellow, Mossavar-Rahmani Center, Kennedy School of Government, Former Head of Israel Competition Authority (bio)
Willard MWEMBA | Chief Executive Officer, COMESA Competition Commission, Lilongwe, Malawi (bio)
George PAUL | Partner, White & Case, Washington DC (bio)

Moderator: Frédéric JENNY | Chairman, OECD Competition Committee, Paris (bio)


Oct. 27

Thursday, 27 October - 12:45 PM - 1.00 PM EDT

Dennis DAVIS | Former Judge President, Competition Appeal Court of South Africa (bio)
Harry FIRST | Professor, New York University School of Law (bio)
Eleanor FOX | Professor Emerita, New York University School of Law (bio)

If you would like to read about this event’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription here.

Webinar 1: Public Interest: Food, Workers, Sustainability…

1. Mexican Competition Authority, The Mexican Competition Authority issues a warning against potential competition and free market access risks derived from an agreement reached by the Government on projects and works considered of public interest and national security, 24 November 2021

2. UK Competition Authority, The UK Competition Authority prepares a report on the merger between a material manufacturer and a telecommunications company in light of a public interest intervention notice issued over the proposed acquisition (Perpetuus / Taurus), 5 September 2021

3. 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

4. Charl Van Der Merwe, The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King), 1 June 2021

5. Eleanor M. Fox, South Africa, Competition Law & Equality: Restoring Equity by Antitrust in a Land where Markets were Brutally Skewed, CPI Antitrust Chronicle, Fall 2019 (Vol. 3, No. 1)

Webinar 2: Big Tech and Developing Countries: Can Developing Countries Harness The Opportunities and Control the Abuses?

1. Mexican Competition Authority, The Mexican Competition Authority initiates investigation into possible barriers to competition and the existence of essential facilities in the e-commerce market, 31 March 2022

2. L. Badri Narayanan, Charanya Lakshmikumaran, Aditya Bhattacharya, Neelambera Sandeepan, The Indian Competition Authority initiates probe into a Big Tech firm for potential abuse of dominance in the app store market (Apple / Together We Fight Society), 31 December 2021

3. Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora, The Indian Competition Authority orders an investigation against a Big Tech company for imposing restrictive obligations on smart TV original equipment manufacturers (Google / Xiaomi / TCL), 22 June 2021

4. Harry First, Digital platforms and competition policy in developing countries, May 2021

Webinar 3: Do We Need New Forms of Cooperation? Higher Level Governance?

1. Teresa Moreira, International cooperation in competition law enforcement: Is regional cooperation the best option for developing countries?, September 2021

2. Paula Farani De Azevedo Silveira, Paula de Andrade Baqueiro, Mor Bakhoum, Arsenio M. Balisacan, Luis Guilherme Ahlo Batista, Laurie Binge, Kevin Davis, Eleanor M. Fox, Gönenç Gürkaynak, Timothy T. Hughes, Helen Kean, Liberty Mncube, Marcio De Oliveira Jr, Leni Papa, George Paul, Daniel Rubinfeld, Pablo Trevisán, Competition law and developing countries: Overarching themes from Africa, cartels and corruption, and mergers, May 2020

3. Kamala Dawar, George Lipimile, Africa: Harmonising competition policy under the AfCFTA, May 2020