Due to venue restrictions, catering will not be provided.
WELCOME & OPENING9:30
Frédéric JENNY | Chairman, OECD Competition Committee / Professor Emeritus, ESSEC Business School, Paris (bio)
#1 DIGITAL, COMPETITION & INNOVATION: DOES COMPETITION LEAD TO INNOVATION OR DOES INNOVATION LEAD TO COMPETITION?9:45
What competition policy in digital innovation? Are innovations in digital mainly disruptive innovations? Discussion will cover examples from information processing and the impact of metaverse on mobility. The discussion will also focus on killer acquisitions in the digital industries.
James BAKER | Associate Director, Frontier Economics, London (bio)
Eshien CHONG | Chief Economist, French Competition Authority, Paris (bio)
Gönenç GÜRKAYNAK | Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Thibault SCHREPEL | Associate Professor of Law, VU Amsterdam | Faculty Affiliate, Stanford University’s CodeX Center (bio)
Moderator: Frédéric JENNY | Professor, ESSEC, Paris - Chairman, Competition Committee, OECD, Paris (bio)
#2 POTENTIAL COMPETITION IN THE DIGITAL SECTOR11:30
The panel will focus on barriers to entry in the digital sector, especially with regard to small platforms. What obstacles do they have to overcome to enter the market? Can data be considered a barrier? Moreover, the notion of economies of scope is especially important in digital mergers. What are the challenges in terms of platform envelopment strategy?
Dirk AUER | Director of Competition Policy, International Center for Law & Economics, Washington D.C. (bio)
Eliana GARCES | Senior Advisor, Analysis Group Washington D.C. (bio)
Will HAYTER | Senior Director, Digital Markets Unit, CMA, London (bio)
Michael KEFI | General Counsel, Stuart, Paris (bio)
Moderator: Christophe CARUGATI | Affiliate Fellow, Bruegel, Brussels (bio)
Free Time for Lunch13:00
#3 COMPETITION IN THE CLOUD14:30
The delimitation of the relevant market is a major issue given the diversity of cloud services. Cases are pending before the European Commission and the French Competition Authority has launched a market study. At the EU level, discussions have also taken place in the context of the DMA to assess whether the Act covers cloud services. In the US, cloud stakeholders are active in the software industry and data management. In Europe, policy makers are looking to develop a sovereign cloud industry.
Laurence BARY | Partner, Dechert, Paris (bio)
Yann GUTHMANN | Head of Digital Economy Unit, French Competition Authority, Paris (bio)
Ilan AKKER | Senior economist, ACM-Autoriteit Consument & Markt, The Hague (bio)
Aleksandra ŻUCHOWSKA | Competition Policy Manager, Computer & Communications Industry Association, Brussels (bio)
Solange VIEGAS DOS REIS | Chief Legal Officer, OVHcloud, Paris (bio)
Moderator: Mikaël HERVÉ | Vice President, CRA, London (bio)
#4 CONSUMERS PREFERENCES IN THE DIGITAL ENVIRONMENT16:15
Several points can be raised in the context of consumer protection in the digital sector: the use of consumer data (Facebook case before the Bundeskartellamt and the ECJ), consumer protection vis-à-vis platforms, data transparency in distribution channels, etc.
Dorian BEAUCHÊNE | Senior Consultant, Oxera, Paris (bio)
Fayrouze MASMI-DAZI | Partner, Dazi Law, Paris (bio)
Nicolas RIEUL | Managing Director EMEA, Criteo - Chairman, IAB Europe - President, Alliance digitale
Anselm RODENHAUSEN | Head of Antitrust & Distribution Law, Zalando SE, Brussels (bio)
Moderator: Clara CALINI | Cabinet Expert, Italian Competition Authority, Rome (bio)
If you would like to read about this podcast’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription here.
Panel 1 - Digital, Competition & Innovation : Does Competition Lead To Innovation Or Does Innovation Lead To Competition ?
1. Gian Luca Zampa, Alessandro Di Giò, Gabriele Polito, The Italian Competition Authority publishes merger guidance on its powers to review below-threshold mergers, 27 December 2022
2. The "M&A And Digital: A More Dynamic Approach?" Chatham House Rule style round-table, 14 November 2022
3. European Commission, The EU Commission sees the DMA enter into force, ensuring open and fair digital markets, 1 November 2022
4. Gönenç Gürkaynak, Zeynep Ayata Aydoğan, An evaluation of GAFAM’s acquisition proposals in light of experimental studies, November 2022
5. UK Competition Authority, The UK Competition Authority orders a Big Tech company to sell a GIF database on the belief that permitting the merger would limit innovation and reduce competition in the display advertising market (Meta / Giphy), 18 October 2022
6. The "M&A Regulatory Revamp: Is the Innovation Ecosystem at Risk?" Conference, 28 June 2022
#2 Potential Competition In The Digital Sector
1. European Commission, The EU Commission announces Guidelines on exclusionary abuses and amends Guidance on enforcement priorities, 27 March 2023
2. Turkish Competition Authority, The Turkish Competition Authority decides that a Big Tech firm illegally combined data from several of its operations which raised barriers to entry and distorted competition (Meta), 10 November 2022
3. James Mancini, What’s market power got to do with it?: The relationship between digital competition policy developments and market power, September 2022
4. Dutch Competition Authority, The Dutch Competition Authority finds that the revised conditions imposed by a Big Tech on dating-app providers are unreasonable and creates barriers to entry (Apple), 14 February 2022
Panel 3 - Competition In The Cloud
1. US Federal Trade Commission, The US FTC opens a request for information regarding the business practices of cloud computing providers that could impact competition and data security in the healthcare, finance, transportation, e-commerce and defence industries, 22 March 2023
2. UK Competition Authority, The UK Competition Authority provisionally holds that the .7B acquisition of a gaming firm will lead to higher prices and fewer choices for UK gamers (Microsoft / Activision), 8 February 2023
3. UK Competition Authority, The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google), 22 November 2022
4. European Commission, The EU Commission seeks feedback on the draft revised Market Definition Notice, 8 November 2022
5. Belgian Competition Authority, The Belgian Competition Authority imposes interim measures to remedy the disregard of competition rules applicable to the development of a standard for Cloud applications, 21 September 2022
6. Dutch Competition Authority, The Dutch Competition Authority suggests amendments to the proposed Data Act in order to promote competition among cloud providers, 5 September 2022
7. Alain Ronzano, Sector survey: The French Competition Authority launches a public consultation as part of its sector enquiry on cloud computing, 13 July 2022
Panel 4 - Consumers Preferences In The Digital Environment
1. German Competition Authority, The German Competition Authority holds that a Big Tech is an undertaking of paramount significance for competition across markets and consequently, is subject to the provisions for large digital companies under the Competition Act (Apple), 5 April 2023
2. Wolfgang Kerber, Data Act and competition: An ambivalent relationship, February 2023
3. Thomas Courbe, DSA / DMA: Now it’s time for a successful implementation !, February 2023, Concurrences N° 1-2023
4. Giovanni Pregno, Andreas Reindl, The EU Court of Justice AG Rantos delivers an opinion on whether a Big Tech company’s non-compliance with data protection laws can be considered in competition law investigations and support the finding of a competition law violation (Meta), 20 September 2022
5. 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
Enforcers: Autorité de la concurrence, Italian Competition Authority.
Corporations: Amazon, Axel Springer, Engie, Google, Netflix
Lawyers: 3dtic, Aria Grace Law, Dechert, DS Avocats, Elig Gürkaynak Attorneys-At-Law, Franklin, Fréget-Glaser & Associés, Frieh Associés, Gambuto Simone, Gleiss Lutz, Morgan Lewis & Bockius, Orrick, Samman, Shearman & Sterling, Van Bael & Bellis, White & Case.
Academics: Centre de droit économique, ESCP, Littoral-Côte-D’Opale University, Sciences Po, Squadra Avocats, Stanford University, Université Paris Nanterre, Université Paris Saclay.
Economists: Analysis Group, Frontier Economics, Positive Competition.
The fourth edition of "Digital Antitrust", organised by Concurrences, free and open to all, accredited by the Paris Bar. By registering for this conference, you are submitting your information to the organizers who will use it to communicate with you regarding this event and their other services. The list of participants will be communicated to the speakers. Photos will be taken and the conference will be recorded. Participants agree to the use of these photos by the organizer unless otherwise specified in writing. This conference is organised by Concurrences, in partnership with law firms, economists and the media. The official hashtag for this event on our social networks is #DigitalAntitrust. Use it to follow the updates and add your contributions to the discussions. See above for links to our social media accounts. The list of attendees will be communicated to the speakers.
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