WELCOME & BREAKFAST09.00
#1 : MARKET DEFINITION IN INNOVATION MARKETS : TIME TO RETHINK ?09.45
On July 13, 2021, the Commission published its findings following its consultation on the revision of the Market Definition Notice. The CMA had also published revised guidelines insisting on the closeness of competition and the appropriate way to measure it. In light of these recent steps, and in a time where non-price competition, digitalization and globalization challenge the traditional tools of SSNIP and geographical limits, what to expect in future market definitions in innovation markets ?
Gönenç GÜRKAYNAK | Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul (bio)
Birthe PANHANS | Head of Unit in Mergers : Transport, Post, and other services, DG COMP, Brussels (bio)
Soledad PEREIRAS | Vice President, Compass Lexecon, Madrid (bio)
Paul REEVE | Principal, RBB Economics (bio)
Mike WALKER | Chief Economic Adviser, UK Competition and Markets Authority, London (bio)
Moderator : Richard WHISH | Emeritus Professor, King’s College London (bio)
#2 : MODELS OF COMPETITION AND MARKET POWER11.30
Game theory and oligopolistic models are still the cornerstones of the way market structures are approached in competition law. The 2020 Report by Motta and Peitz noted that these paradigms -or the previous use of it- have not prevented an important degree of concentration and welfare loss in a number of markets (in tipping markets for example). The OECD also recently organized a roundtable on the economics of mergers and their evolution. Does the current framework still provide a good enough insight into market structures ?
Antonio BUTTÀ | Chief Economist, Italian Competition Authority (bio)
Miguel DE LA MANO | Executive Vice President, Compass Lexecon, Brussels (bio)
Oliver LATHAM | Vice President, CRA, London (bio)
Pierre RÉGIBEAU | Chief Economist, DG COMP, Brussels (bio)
Moderator : Andriani KALINTIRI | Lecturer in Competition Law, King’s College London (bio)
#3 : ESSENTIAL FACILITIES : BACK THROUGH THE WINDOW ?14.30
The notion of essential facility has long been confined to a narrow exception in competition law globally. However, in the EU, the recent cases Lithuanian Railways and Slovak Telekom have reshaped the application of the Oscar Bronner test in the case law. In the US, the Supreme Court still appears to stand by its agnostic position on the matter expressed in Verizon Communications v. Trinko. Nonetheless, the “gatekeeper” notion that is ever more central in the debate around digital (and the “SEP” notion as well) can lead one to wonder whether essential facilities are back under assumed names.
Luisa AFFUSO | Chief Economist, OFCOM, London (bio)
Justin COOMBS | Executive Vice President, Compass Lexecon, London (bio)
Doug MELAMED | Professor of the Practice of Law, Stanford Law School (bio)
Moderator : Ingrid VANDENBORRE | Partner, Skadden, Brussels (bio)
#4 : DMA ENACTMENT : TOWARDS BIG TECH REGULATION, AT LAST ?16.30
On 24 March 2022, the Council and the European Parliament reached a provisional agreement on the Digital Markets Act. The two institutions found common ground on the important issues that had been under discussion following the Member States’ negotiations. These include the criteria for the designation of gatekeepers, changes to the obligations imposed on gatekeepers, fines and implementation issues. Are these developments sufficient to ensure fairer and more open digital markets ?
Moderator : Renato NAZZINI | Professor, King’s College London (bio)
* To be confirmed
Agencies : ACCC - Australian Competition & Consumer Commission, Administrative Court of Rome, AGCM - Italian Competition Authority, Autorité de la concurrence, Bangladesh Competition Commission, Belgian Competition Authority, Brazilian Competition Authority, Bundeskartellamt, California Department of Justice, CARICOM Competition Commission, CCCS Competition & Consumer Commission of Singapore, CNMC Spanish Competition Authority, COFECE Mexican Competition Authority, Competition & Markets Authority, DG Comp, DGCCRF, European Commission, European Parliament, OECD, US DOJ, US FTC, World Bank, etc.
Corporations : ABB, ACT - Association of Commercial Television, AEON Mobility Africa, AirBNB, Airbus, Amadeus, Amazon, Apple, BDI Federation of German Industries, Bertelsmann, BMW AG, British Telecom, CCIA - Computer & Communications Industry Association, Crédit Agricole, Dassault Systèmes, Deutsche Telekom, ENEL, Fiduciary Automation, Groupe Casino, Groupe La Poste, L’Oréal, Banque Postale, Meta, Michelin, Mondelez, MSC Mediterranean Shipping, Netflix, Orange, Siemens, SNCF, Spotify, Tesla, Tetra Pak, Verizon, Vodafone, Wall Street Journal, etc.
Economic consultancies : ACTECON, Analysis Group, Ankura Consulting Group, CAP Economics, Compass Lexecon, CRA, Frontier Economics, NERA Economic Consulting, Oxera, RBB Economics, etc.
Law firms : A&L Goodbody, Allen & Overy, Abe&Partners, Akin Gump Strauss Hauer & Feld, Alston & Bird Law Firm, Androulakis & Associates Law Firm, Arnold & Porter, Ashurst, Ayache Avocats, Baker Botts, Baker McKenzie, Barnert Egermann Illigasch Rechtsanwälte, BCLP Law, Bird & Bird, Bouzeva & Partners, Cleary Gottlieb, Clifford Chance, CMS, Covington & Burling, Dechert, Deloitte, Dentons, Elig Gürkaynak Attorneys-at-law, EY law, Freshfields Bruckhaus, Gibson, Dunn & Crutcher, Herbert Smith Freehills, Hogan Lovells, Jones Day, K&L Gates, Kim & Chang, Kirkland & Ellis, Latham & Watkins, Linklaters, McDermott Will & Emery, Orrick, Reed Smith, Stibbe, Van Bael & Bellis, White & Case, etc.
Academics : Aix Marseille University, Barcelona Graduate School of Economics, Cambridge University, Charles University, College of Europe, EDHEC, George Mason University, Hokkaido University, Istanbul University, Kagawa University, King’s College London, Kyushu University, Leipzig University, Lomonosov Moscow State University, Maastricht University, New York University, Queen Mary University of London, Tokai University, Universidad Carlos III Madrid, Université Catholique de Lille, Université de Bordeaux, Université Paris Panthéon-Sorbonne, Université Paris II Panthéon-Assas, University of Amsterdam, University of Bologna, University of Glasgow, University of Oxford, University of Reading, University of Stockholm, etc.
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.
Panel 1 : Market Definition In Innovation Markets : Time To Rethink ?
Panel 2 : Models Of Competition And Market Power
1- UK Competition Authority, The UK Competition Authority publishes a market study interim report and finds two Big tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google), 14 December 2021
Panel 3 : Essential Facilities : Back Through The Window ?
2- Sandrine Mathieu, Thaiane Abreu, The EU General Court confirms the Commission’s decision finding that the Lithuanian railway incumbent abused its dominant position by dismantling a rail track (Lietuvos geležinkelai), 18 November 2020
Panel 4 : Towards the Enactment of the DMA
This 6th edition of the Innovation Economics for Antitrust Lawyers Conference is organised by Concurrences Review in partnership with King’s College London with the support of panel and media sponsors. By registering for this event, you are submitting your information to the organisers, who will use it to communicate with you regarding this event and their other services. This event will be recorded. If your question is selected for the Q&A session, you are consenting to be recorded. The official hashtag of this event on our social media is #InnovationEconomics. Use it to get updated and add your inputs to the discussions. See above this page for the links to our social media accounts. Conference accredited by the Paris Bar.