Antitrust Code by Concurrences
Concurrences
”Antitrust Code” is a podcast series that aims to decode antitrust law and policy. Concurrences guests discuss the latest news and topical issues in competition law and economics around the world.
”Antitrust Code” is a podcast series that aims to decode antitrust law and policy. Concurrences guests discuss the latest news and topical issues in competition law and economics around the world.
Four Years at the AGCM with Elisabetta Iossa (Italian Competition Authority) by Ashwin van Rooijen (Clifford Chance) and Cecilia Nardini (Compass Lexecon)
Epizodai
In this new episode, Elisabetta Iossa (Italian Competition Authority) is interviewed by Ashwin van Rooijen (Clifford Chance) and Cecilia Nardini (Compass Lexecon) about her four years at the AGCM and the lessons for EU competition enforcement in the digital age, ahead of the Antitrust Horizon: Meet the Enforcers workshop. If you would like to read more about this conference, see speakers' photos and/or videos, check this page. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page. KEY TAKEAWAYS Merger Control, EU Competitiveness and the Future of Antitrust Enforcement Anastasios TOMTSIS (Partner, Clifford Chance, Brussels) and Lorenzo COPPI (Executive Vice President, Compass Lexecon, Brussels) moderated this discussion. Guillaume LORIOTDeputy Director-General for Mergers, DG Competition, European Commission, Brussels Competitiveness Without Compromise: The Mandate Has Not Changed The legal mandate of the EU Merger Regulation is unchanged: the only question is whether a merger significantly impedes effective competition, assessed under a consumer welfare standard applied “in the European way”. Consumers’ interests are protected both directly and indirectly, by preserving the competitive process and a competitive market structure, and the relevant customers are very often EU business customers. Geopolitics has changed market realities: in some markets, customers now value multi-sourcing, resilience, quality or innovation as much as price, and the Commission takes these into account when the market investigation shows they are genuine parameters of competition. This bottom-up approach is not new: innovation competition has mattered more than static price competition in some markets for 10 to 15 years, as the Dow/DuPont debates showed. What the Commission cannot do is clear an anticompetitive merger because it serves economic or public security: it has no such mandate, and Member States are better placed to protect public security. Prices still matter, for affordability and for the competitiveness of EU business customers: “you don’t become more competitive by having less competition”. Draft Merger Guidelines: Dynamic Effects, Both Ways Beyond the new guidance on Article 21 of the Merger Regulation, the two main novelties concern dynamic effects, on both the harm and the benefit side, and efficiencies. On harm, the draft clarifies the framework for potential competition (actual versus potential, two prongs, following Adobe/Figma), refines dynamic foreclosure while keeping the ability-incentive-effect test, and spells out innovation competition along the four-layer framework used in Dow/DuPont. Entrenchment, recently applied in Booking/eTraveli, is set out as a distinct theory of harm, more exceptional than foreclosure but potentially very significant in some markets. The “innovation shield” responds to the post-Illumina debate: when the Commission reviewed more than 100 start-up acquisitions, only four, including Qualcomm/Autotalks and Microsoft/Inflection, raised issues, and the shield aims to give comfort to start-ups that need to scale up. A common understanding with national authorities that hold call-in powers, such as the Italian authority, is essential, as they often decide whether to review or refer such deals. For the first time, the guidelines give positive guidance on pro-competitive scale, for instance cross-border integration in markets that remain national, such as banking: “stating the obvious”, but useful. Efficiencies: A Reset, Not an Escape Clause While no merger has been cleared on efficiencies alone, efficiencies have made a difference in relation to specific markets in some markets, for instance through the elimination of double marginalisation in some telecom product markets, and therefore had an impact on the scope of remedies needed. The draft does not lower the bar but clarifies it: the balance of probabilities applies across the board, to harm and to benefits alike, and efficiencies must still be verifiable, benefit consumers and be merger-specific. The aim is to reset the tone and the process so that parties put forward well-argued efficiencies early, without fearing they will be treated as an efficiency offence or come too late. The Commission may engage on efficiencies in parallel in borderline cases, including some it would previously have cleared in Phase I, to build a transparent and rigorous practice, which may mean more work for parties. The Commission may check the credibility of claims with the market, for instance consumer demand for a promised benefit, but this does not relieve the parties of their burden: they hold the information and must “do their homework”. Dynamic efficiencies are the hardest: they require a credible economic mechanism showing both the ability and a real incentive to innovate, not promises, and practice will be decisive. Future-Proofing Merger Control No new regime for minority shareholdings is under discussion: the guidelines take stock of long-standing practice on structural links that may soften competition or support coordinated effects. The priority is modern investigative tools, such as consumer surveys and AI for internal document review, but not AI to draft decisions; 90% of cases remain simple, quick and transparent. Interaction with other instruments, such as the GDPR, the AI Act and FDI screening, will keep growing. The guidelines are designed to be future-proof: the coordination chapter recognises that AI may make observability and coordination easier, and the ecosystem concept, born in the Android case, was imported into merger control in Booking/eTraveli. Jurisdiction remains a live frontier, including acqui-hires such as Microsoft/Inflection, and the Commission will keep the flexibility to address new theories of harm, provided it explains any departure from the guidelines. Elisabetta IOSSACommissioner, Italian Competition Authority (AGCM), Rome A Flexible Tool, Not a Political One EU law has never prevented the assessment of non-price effects: merger control protects the competitive process under a broad consumer welfare standard, covering both end consumers and business customers.Quality, variety, availability, sustainability and personal data have long been assessed with standard tools, and evolving preferences, from green products to firms’ ethical values, can be built into market definition and closeness of competition case by case.The Draghi report is often misread: it never called for weaker merger control, and its chapter 9 even points towards more tools, such as call-in powers and market investigations with remedies.Politicising merger control would be “bad news for everybody”: more pressure from Member States to favour national champions, more fragmentation of the internal market, and less predictability for investors.Public security is better handled by other tools and institutions, notably Member States under Article 21(4), which allows competition authorities to remain technical and coherent.The AGCM welcomed the draft guidelines but called for more consistency between their introduction and the technical sections, and flagged the treatment of “incommensurable” benefits as potentially tricky. No Revolution Expected in Rome European studies show no significant under-enforcement and no marked rise in concentration, unlike the US debate; a joint study with the Bank of Italy on concentration in Italy, due soon, points the same way. Over roughly the last decade, the AGCM has opened fewer than five Phase II investigations a year, about 6% of notified mergers, and more than 90% of these were cleared with remedies, increasingly supported by monitoring and divestiture trustees. Dynamic and innovation analysis is already part of practice: Luxottica/Barberini involved an innovative target, Bolton Group raised sustainability issues in green household products, and banking mergers raised minority shareholdings, common ownership and interlocking directorates. The AGCM revised its merger notification form two years ago to look more closely at labour markets and common or cross-ownership. The focus on ecosystems is welcome, and Booking/eTraveli is a particularly important decision in a world of one-stop shops. Why Rigour Fuels Innovation Dynamic effects cut both ways, harmful as well as beneficial, and will matter increasingly in abuse of dominance cases in digital markets, where zero-price entry can be followed by lock-in and price rises. Speaking as an academic, in an unpublished paper that does not reflect the AGCM’s views, she showed that lowering the precision of the assessment of efficiencies would reduce firms’ pre-merger incentives to invest in projects exploiting complementarities. The intuition draws on Holmström’s informativeness principle: a less precise assessment increases both type I and type II errors, which weakens the reward from investing, namely approval of the merger. Rigorous assessment is therefore complementary to, not in conflict with, investment and innovation, and calls to lower the verifiability bar are not on the cards. Call-In Powers: Filling a Real Gap Call-in powers fill a genuine enforcement gap, not only for killer acquisitions in pharma and digital, but also in traditional sectors: in a country with 95% SMEs and many local markets, ports and airports matter as much as AI deals. The Italian regime balances legal certainty and effectiveness: the power can be used only within six months of closing, when certain thresholds are met, and where there is a risk of a significant impediment to competition in the national market. Guidelines adopted after public consultation support self-assessment, and the AGCM now commits to answering voluntary communications within 30 days instead of 60. Since the power was introduced, the AGCM has received about 50 voluntary communications and called in about twelve deals, with a peak in 2024, of which only around a quarter went to Phase II. The debate has moved from whether these powers are needed to how to design them, as shown by the ECN joint declaration and by countries such as the Netherlands and Germany considering higher thresholds combined with call-in powers. The AGCM picks its cases carefully and makes sure its decisions can be tested up to the Court of Justice, which will clarify the boundaries of these powers. Fast Markets Need Fast, Coordinated Action National authorities handled 87% of EU antitrust cases according to the Commission’s 2024 review, and the ECN+ Directive strengthened their independence and powers to support coherent, decentralised enforcement. In digital markets, stopping the conduct is often not enough: where network effects let a firm gain a billion users in three years, remedies must be both proportionate and effective at restoring contestability. In the Meta AI case, the AGCM acted fast through interim measures, and the Commission then took the matter up at EU level, a model of complementary action. In the parallel investigations into Apple’s App Tracking Transparency (ATT) – à confirmer by Italy, France, Germany, Romania and Poland, working side by side with other authorities and the Commission avoided incoherent outcomes on the same conduct. The AGCM has also opened a DMA-related investigation in close cooperation with the Commission, the sole DMA enforcer, because Italian consumers are affected and national authorities can still contribute. DOCUMENTATION Guillaume Loriot, Lift off on the launch of the new draft EU Merger Guidelines, 1 May 2026, Concurrences N° 5-2026, Art. N° 134617 e-Competitions Bulletin, The EU Commission summarises feedback to its public consultation on Regulation (EC) No 1/2003, permitting national courts and competition authorities to apply European competition rules directly, 19 February 2026, e-Competitions February 2026, Art. N° 131882 Guillaume Loriot, Rafique Bachour, Guillaume Loriot (DG COMP) : From dominance to dynamics: Evolution of merger control, 1 July 2025, Concurrences N° 7-2025, Art. N° 126897 Elisabetta Iossa, Clara Beatrice Calini, Main trends in global antitrust enforcement: Proactive enforcers in a changing world, 1 May 2024, Concurrences N° 2-2024, Art. N° 117880
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. Follow us on LinkedIn to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.
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 LORIOTDeputy 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. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.
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 Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.
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 BAMFORDExecutive 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, Brussels EU 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 Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page.
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. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. 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.
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. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. 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
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. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. 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
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. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. 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
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. Follow us on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
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. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.
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. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.
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. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.
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. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Follow us on Bluesky and join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.
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. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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. 6. 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. 7. 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.
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. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read 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. 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.
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. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read 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. 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.
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. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read 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.
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 Bluesky and 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.
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 Bluesky and 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.
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 Bluesky and 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.
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.
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. Read the full article on our website. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Veronica Roberts, Kyriakos Fountoukakos, Eric White, Daniel Barrio, David Rasche, Dejan Einfeldt, Ruth Allen, The EU Commission announces 5 initiatives aimed at enhancing EU economic security in the face of risks arising from increased geopolitical tensions and accelerated technological shifts, 24 January 2024. 2. Laura Corbett, Florian Deuflhard, Stefan Frübing, Leonor Bettencourt Nunes, Thorsten Schiffer, Ariti Skarpa, The EU Commission investigates a proposed acquisition by a global software company prior to the abandonment of the merger by the parties (Adobe / Figma), 17 November 2023. 3. Simon Vande Walle, Conglomerate effects: The European Commission prohibits a dominant hotel booking platform from acquiring a flight booking platform based on an “ecosystem theory of harm” (Booking.com / eTraveli), 25 September 2023. 4. Marie Cartapanis, Equal access: The European Commission accepts commitments offered by an operator consisting of preventing it from using the data of active sellers and ensuring equal access to its market place and subscription program (Amazon), 20 December 2022. 5. Nicholas Levy, Henry Mostyn, Paul Stuart, Patrick Todd, The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price-based abuses of dominance (Google Android), 14 September 2022. 6. Frédéric Pradelles, Mary Hecht, The EU General Court confirms the Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping), 10 November 2021.
In this new episode, Aleksander Tombiński (Clifford Chance) interviews Alberto Bacchiega (DG COMP) after the Antitrust Horizon: Meet the Enforcers workshop. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
In this new episode, Neil Dryden (Compass Lexecon) interviews Martijn Snoep (Netherlands Authority for Consumers & Markets) before the Antitrust Horizon: Meet the Enforcers workshop on the EU Competition Insights: Navigating Policy and Reforms. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Richard Whish, Dirk Middelschulte, Daniel Green, Marceline Tournier, Jorge Padilla, Assimakis Komninos, Angélique de Brousse, Philippe Croene, Grania Holzwarth, The new EU Commission competition policy, November 2024. 2. Frank Montag, Björn Sijtsma, Draghi Report: Revamping competition law to overcome the productivity gap?, November 2024. 3. Kyriakos Fountoukakos, Camille Puech-Baron, Ruth Allen, The EU Commission publishes the "Draghi report" on the future of European competitiveness, 9 September 2024. 4. Luca Arnaudo, New competition regulatory tools: Towards a structure-behavior-performance framework, September 2024. 5. 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.
Join us for an engaging discussion with Friso Bostoen about his latest book, "Abuse of Platform Power: Leveraging Conduct in Digital Markets under EU Competition Law and Beyond," released by Concurrences. In this comprehensive dialogue, Bostoen delves into the critical issues surrounding abuse of dominance in the rapidly evolving platform economy. In this book, Bostoen provides an in-depth analysis of how traditional concepts of abuse of dominance apply in the context of digital platforms. The book begins with an examination of platform business strategies, setting the stage for a detailed exploration of various forms of leveraging abuse, including tying, refusal to supply, margin squeeze, and discrimination. Bostoen’s analysis is particularly relevant as he offers a fresh perspective on how these practices should be understood and addressed within the unique dynamics of the platform economy. Explore the full scope of Friso Bostoen’s work and gain insights into one of the most pressing issues in modern competition law. For more details, visit the book’s page on Concurrences. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.
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 including the New Merger Control Framework. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Tamer Nagy, Nazly Khedr, The Egyptian Government publishes the implementing regulation on the amended Competition Act to herald a new merger control regime, 4 April 2024. 2. Hegui Taha, Maha El Meihy, Rana Moustafa, The Egyptian House of Representatives approves the amendments to the national Competition Law to herald landmark reforms in the merger control regime, 4 December 2022. 3. J. Mark Gidley, Tamer Nagy, Ahmad Ashraf, The Egyptian Government approves its first pre-notification merger regime, 25 November 2020. 4. Marianela López-Galdos, The Egyptian Prime Minister approves amendment to the national Competition Act granting independence of its Competition Authority, 18 December 2011.
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. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. European Commission, The EU Commission designates a multinational booking platform as a gatekeeper in the online intermediation market (Booking.com), 13 May 2024. 2. Alain Ronzano, Digital Markets Act: The European Commission designates a Big Tech company as a gatekeeper under the Digital Markets Act with respect to its operating system for tablets (Apple), 29 April 2024. 3. US Department of Justice Antitrust Division, The EU Commission, US FTC and DoJ hold a joint technology and competition policy dialogue to strengthen cooperation and promote fair competition in the digital economy, 11 April 2024. 4. Alain Ronzano, Digital Markets Act: The European Commission launches five non-compliance investigations against GAFAMs, as well as two preliminary investigations on suspicion that four of the six gatekeepers are not fully complying with the obligations laid down by the DMA (Alphabet ; Apple ; Meta), 25 March 2024. 5. Alain Ronzano, Digital Markets Act : The European Commission designated gatekeepers who must comply with all obligations provided for by the regulation on digital markets (Apple, Alphabet, Meta, Amazon, Microsoft et ByteDance), 7 March 2024. 6. Alain Ronzano, Digital Markets Act : The European Commission concludes, after four market investigations, that certain platforms from the GAFAM should not be considered as gatekeepers (iMessage ; Bing ; Edge ; Microsoft Advertising), 13 February 2024. 7. General Court of the European Union, The EU General Court dismisses a video-sharing service provider’s challenge to its designation as a gatekeeper (Bytedance), 9 February 2024. 8. Thomas Graf, Robbert Snelders, Henry Mostyn, Sabrina Apitz-Grossman, Conor Opdebeeck-Wilson, Bianca Buzatu, The EU Commission designates the first set of gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft), 6 September 2023.
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 Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024. 2. UK Competition Authority, The UK Competition Authority seeks views on whether partnerships, hiring of former employees and other arrangements among AI companies, comply with UK merger regulations (Microsoft / Mistral AI / Amazon / Anthropic / Microsoft / Inflection AI), 24 April 2024. 3. Henry Mostyn, Anders Jay, Aleksandra Katolik, Ghazzal Maydanchi, The UK Competition Authority publishes its updated review of AI Foundation Models which highlights that the sector is developing in ways that risk negative market outcomes, 11 April 2024. 4. French Competition Authority, The French Competition Authority initiates ex officio inquiries and launches a public consultation into generative artificial intelligence, 8 February 2024. 5. German Competition Authority, The German Competition Authority announces that the investments and cooperation between a Big Tech and an artificial intelligence company are not subject to merger control (Microsoft / OpenAI), 15 November 2023.
In this new episode, Neil Dryden (Compass Lexecon) and Leigh Oliver (Clifford Chance) discussing with Rima Alaily (Microsoft), Aditi Mehta (U.S. Department of Justice), Vijay Iyer (Booking Holdings) and Anjali Patel (Verizon) on Merger Control & FDI. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
In this new episode, Joseph Ostoyich (Clifford Chance) discussing with Ulf Öberg (General Court of the European Union), Ana C. Reyes (U.S. District Court of Colombia) and David Tudor (Prosus) on tech antitrust litigation. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. European Court of Justice, The EU Court of Justice upholds the annulment of the Commission’s €1.06B fine on a chipmaker for alleged abuse of dominance through loyalty rebates (Intel), 24 October 2024. 2. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024. 3. David Bosco, Pauline Helly d'Angelin, Didier Theophile, Adam Kidane, Virginia Pavel Dobre, Jonathan M. Barnett, Alec J. Burnside, A look at the treatment of abusive mergers in Europe (Art. 22 of Regulation (EC) No 139/2004, Art. 102 TFEU, etc.), March 2024. 4. Alyse Stach, The US Supreme Court declines to hear an appeal concerning a judgment sharing agreement among major US meat suppliers in the case concerning the broiler chicken industry (ACR / Amick / Cargill...), 8 January 2024.
In this new episode, Aren Megerdichian (Compass Lexecon) and Stavroula Vryna (Clifford Chance) are discussing Reiko Aoki (Japan Fair Trade Commission), Sarah Cardell (CMA UK), Alexandre Cordeiro Macedo (CADE) and Paula Blizzard (California Department of Justice) on the digital regulations in Americas, EU, UK & Asia. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
In this new episode, Sharis Pozen (Clifford Chance) is interviewing Sarah Cardell (UK CMA) on how the CMA works. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Bill Batchelor, Aurora Luoma, Nick Wolfe, Iacovos Antoniou, The UK Government sees its new Digital Markets, Competition and Consumers Act come into force handing more powers the Competition Authority, 1 January 2025. 2. Tom Smith, The UK Parliament’s Digital Markets, Competition and Consumers Bill receives royal assent, 24 May 2024. 3. James Mulligan, Eric Pennesi, The UK Competition Authority publishes an update paper outlining its concerns with AI foundation models, 11 April 2024. 4. Nigel Parr, Christopher Eberhardt, Fiona Garside, Hayden Dunnett, The UK Competition Authority publishes an overview of its provisional approach to implementing the new Digital Markets regime explaining how it will carry out its Digital Markets functions, 11 January 2024. 5. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023.
In this new episode, Neil Dryden (Compass Lexecon) is interviewing David Tudor (Prosus) on how tech shapes the future of antitrust. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.
In this new episode, Milena Robotham (Clifford Chance) is interviewing Alexandre Cordeiro Macedo (CADE) on the current competition enforcement tool for dealing with fast moving digital market. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
In this new episode, Margrethe Vestager (Vice President of the EU Commission) speaks on digital and antitrust policy at the Tech Antitrust conference held in Palo Alto on January 11, 2024 by Concurrences in partnership with Clifford Chance and Compass Lexecon. Video available on Concurrences Youtube channel. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.
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. In this episode, our guests continue to explore the framework and practice in relation to judicial review of competition cases across leading jurisdictions. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences. Watch the video version of this episode here. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. 1. Randolph Tritell, Abbott (Tad) Lipsky, Due process: A challenge to the international antitrust community, January 2025. 2. US Department of Justice Antitrust Division, The US DoJ withdraws from the 1995 bank merger guidelines and emphasises the 2023 Merger Guidelines as sole authority across all industries, 17 September 2024. 3. US Department of Justice Antitrust Division, The US DoJ and FTC jointly issue the 2023 Merger Guidelines which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions, 18 December 2023. 4. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 2023. 5. Diane Wood, Lina Khan, Diane Wood (US Court of Appeals for the Seventh Circuit) : Antitrust Law - The Tortoise or the Hare?, May 2021.
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. Our guests continue the discussion into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences. Watch the video version of this episode here. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. 1. US Federal Trade Commission, The US FTC and DOJ jointly announce the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors, 12 December 2024. 2. Kenneth Schwartz, Rita Sinkfield Belin, Joseph F. Ciani-Dausch, The US FTC issues amendments to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024. 3. Brazilian Competition Authority, The Brazilian Competition Authority conditionally approves a 14-year extension term for the activities of an existing joint venture that provides video production and other services for the media sector (SBT / Record / RedeTV), 13 septembre 2023. 4. Anna Huttenlauch, Carolina Vidal, The Brazilian Competition Authority clears a landmark joint venture for the development of sustainability measurement software between leading traders of agricultural commodities (Cargill / Louis Dreyfus / ADM), 21 June 2023. 5. Eileen M. Cole, Anna Aryankalayil, Craig Falls, The US DOJ withdraws policy statements in the healthcare industry to signal increased scrutiny on mergers, joint ventures, group purchasing and information sharing, 3 February 2023.
Join us for 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. Our guests delve into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences. Watch the video version of this episode here. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. 1. Sergio Sorinas, Khushbu Kumar, CEMAC merger control: Towards an empowered regime (A practitioners’ guide), January 2025. 2. Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025. 3. Marta Sendrowicz, Agnieszka Kolasinska, Aleksander Braksator, The Polish Competition Authority revises its merger guidelines, providing clarity to merger control rules on the notification of extraterritorial joint ventures, 25 October 2024. 4. European Commission, The EU Commission forms a multilateral working group with leading Competition Authorities to exchange best practices on pharmaceutical mergers, 16 March 2021. 5. Dave Anderson, Paul Culliford, Surveying the surveys – The drive for implementation of the ICN’s recommended practices for merger notification and review procedures, September 2020.
Join us for a compelling discussion featuring Judge Douglas Ginsburg and Peter Freeman, former Chairman of the UK Competition Appeal Tribunal, as they explore the themes of the book Judicial Review of Competition Cases, published by Concurrences. This insightful dialogue will delve into the evolving role of judicial review in competition law. This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. Explore the full scope of the intersection of judicial review with competition law, 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. 1. Duncan Liddell, Steven Vaz, Natasha Gromof, The UK Competition Authority issues an updated guidance on the Phase II merger review process, 25 April 2024. 2. Bill Batchelor, Aurora Luoma, Nick Wolfe, Elizabeth Malik, The UK Court of Appeal delivers a landmark ruling clarifying the substantive standard of judicial review to be applied by the Competition Appeal Tribunal in merger cases (Cerelia / Jus-Rol), 11 April 2024. 3. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 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 Levy, Paul Gilbert, Alexander Waksman, Ranulf Outhwaite, Courtney Olden, The UK Parliament publishes an independent report on the state of national competition law, 16 February 2021.
In this new episode, Oliver Latham (Charles River Associates) is interviewing Pierre Régibeau (DG COMP). He reviews the key developments that took place during his term. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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 20232023 2. Géraldine Amiel, Alexis Galataud-Coskun, The EU Commission publishes the first ever European Economic Security Strategy, 20 June 2023 3. Bill Batchelor, Andreas Kafetzopoulos, The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which provide a stricter information exchange regime for competitors’ cooperation, 1 June 2023 4. Thomas Courbe, DSA / DMA: Now it’s time for a successful implementation !, May 2023
In this new episode, Margrethe Vestager (European Commission) speaks on 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 Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Lise Damelet, EU Foreign Subsidies Regulation, Global Dictionary of Competition Law, Concurrences, 1st February 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 January 2023 3. European Commission, The EU Commission sees the Foreign Subsidies Regulation enter into force, 12 January 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 November 2022 5. Alain Ronzano, Competition policy: The European Parliament adopts by a large majority the regulation on foreign subsidies distorting the internal market, 10 November 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 June 2022
In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Michael Jacobides (London Business school) on Mobile ecosystems. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this podcast’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Japanese Competition Authority, The Japanese Competition Authority publishes a market study report on mobile OS and mobile app distribution, 9 February 2023 2. UK Competition Authority, The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google), 22 November 2022 3. Kathryn McMahon, USA: Monopolization of mobile ecosystems - The decision in Epic v. Apple, September 2022 4. Marie Cartapanis, Frédéric Marty, Relevant market: The General Court of the European Union upholds the Commission’s decision imposing a record fine on the dominant operator for strengthening its dominant position in the markets for general internet search services and intelligent mobile operating systems (Google / Android), 14 September 2022 5. UK Competition Authority, The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google), 26 May 20226. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021
In this new episode, John Davies (Compass Lexecon) is interviewing Inge Bernaerts (DG COMP) on where we are and what is to come for tech antitrust. Video available on Concurrences Youtube channel 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. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. German Competition Authority, The German Competition Authority issues statement of objections against a Big Tech company’s data processing terms (Google), 11 January 2023 2. Assimakis Komninos, Jérémie Jourdan, Preti Giulio, The EU Commission publishes its draft DMA Implementing Regulation for consultation, together with the proposed notification form for "gatekeepers", 9 December 2022 3. Ann-Christin Richter, The EU Commission see its Digital Markets Act enter into force and therefore increased antitrust scrutiny of Big Tech firms, 1 November 2022 4. 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 5. Laurence Idot, David Bosco, Martine Behar-Touchais, Michel Debroux, Anne-Sophie Choné-Grimaldi, Benoît De Nayer, Pierre Petillault, Digital market Act: Competition law and digital giants (Nanterre, April 1, 2022), September 2022 6. Laurence Bary, Marion Lecole, Antitrust in the digital sector: An overview of EU and national case law, 30 June 2022
In this new episode, Joeri Klein, Giacomo Lorenzo, and Felix Von Zwehl from Deminor discuss funding for private enforcement. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. European Court of Justice, The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet), 12 January 2023 2. Margot Vogels, Charlotte Nassogne, The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others), 10 November 2022 3. Lesley Hannah, Anna Stellardi, Sofie Edwards, The UK Competition Appeal Tribunal issues opt-out certification decision in a class action brought against a Big Tech by a consumer advocate (Liz Coll / Google), 31 August 2022 4. Alain Ronzano, Sanction: The General Court of the European Union essentially upholds the fines imposed on the airlines in the air cargo cartel case (Airfreight cartel), 30 March 2022 5. Lochy Macpherson, Marc Barennes, Lochy Macpherson: Funding competition claims – What are the main trends?, February 2022 6. Agustin Reyna, Class action & damages claims: have we finally found the "Courage" two decades since the EU’s top Court landmark judgment? 20 January 2022
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. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
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 Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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
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 Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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.
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 Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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.
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. Video available on Concurrences Youtube channel Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. 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