The Antitrust Hotch Potch

Conference on ECMR Controversies and Google/DCK - Final Programme

With a bit of delay, I attach below the final programme and registration form for the conference, which will take place on 25 April 2008 in Brussels.

Please see prior post for an explanation of the conference topic.

Please also note that the conference has been credited with 3 CPD points.

Download conference_programme_and_registration_form_25_april_2008_ecmr_and_recent_controversies.pdf

Nicolas

The picture summarizes Scott Cleland's (controversial) competitive assessment.

Google/DoubleClick and other Recent ECMR Controversies - Event

Remember Arcelor/Mittal, where the Commission was called upon to use its powers under the ECMR to block the trade-unions unfriendly raid launched by an non- EU steel tycoon?  Remember Suez/GDF, where the Commission was asked to refrain from using its powers under the ECMR and clear the merger of two" national champions".

Traditionally, the Commission has remained agnostic to concerns (and the ensuing pressures) alien to competition issues. Yet, similar problems arose again in Google/DoubleClick (i.e. data protection issues) and other recent procedures. In light of this, Prof. Alain STROWEL (University Faculties St Louis in Brussels) and I decided, with the support of my LL.M students, to organize a half day conference in Brussels on 25 April.

I am delighted to say that Luc GYSELEN (Arnold & Porter), T. JESTAEDT (Jones Day), A. WINCKLER (Cleary), M. VAN DER WOUDE (Stibbe and University of Rotterdam) and R. ALLENDESALAZAR (Howrey) have accepted our invitation and will talk at the event.

A pre-registration form (to be returned by email) can be found below. The conference room is not extremely large, so please register quickly if interested.

Download conference_25_april_2008_ecmr_and_recent_controversies_preregistration_form.pdf

Nicolas

Miscellaneous

1. The slides of R. O'Donoghue and D. Waelbroeck on the MSFT Decision have been posted on the GCLC website. See here.

2. My colleague at University, A-L Sibony, has just published an interesting book (which is an extended version of her PhD) the title of which can be translated as follows "The judge and economic reasoning in competition law".

3. Mark your agendas: I am organizing a half day conference on the ECMR in Brussels on 25 of April. More details will follow shortly.

Nicolas

Finally out

My book on oligopolies and tacit collusion under EC competition law is finally out. It is published by Bruylant/LGDJ, and can be ordered here.

The book is an extended version of my PhD dissertation. It is accompanied of a preface by Prof. Laurence IDOT and a nice foreword by Damien.

In substance, I demonstrate that the structural approach of tacit collusion through the EC merger control system is fraught with numerous shortcomings and, more importantly, could be ineffective under current case-law.

In turn, I assess to what extent Article 81 and 82 EC can be enforced so as to correct, ex post, tacit collusion on oligopolistic markets (a behavioral approach). I deal with this issue from both a substantive perspective - what's behind the obscure concept of abuse of joint dominance on oligopolistic markets? -  and an institutional standpoint - how should the rules be enforced, without involving false positives problems and legal uncertainty?

It is a huge relief. The cover page was designed by my best friend.

Nicolas

Last call - GCLC Lunch Talk

We still have a number of seats for tomorrow's lunch talk. See below (previous posts), or here.

Nicolas

GCLC Website & New Working Paper by Profs Sokol and Stiegert

The GCLC's website, which was left in artificial hibernation for a while, is now alive, and well. Additional updates will be made in the coming weeks.

I have posted a new working paper (02/08), by Profs. Sokol and Stiegert, which is dedicated to the under-researched subject of international cooperation re. technical assistance and capacity building.

Here's the abstract: In the past 15 years, the world has witnessed the large scale introduction of antitrust/competition policy as an instrument of market-facilitating government policy. Building the capacity of young antitrust institutions in the developing world and in transition economies is a means to improving the capacity of these agencies to police against anti-competitive conduct. Many countries have augmented their development of competition agencies with technical assistance (TA) support. Determining how best to design TA programs to interact with nascent and financially constrained competition agencies is a difficult and complex matter. The objective of this study is to assess the impacts of the TA-agency partnership. This chapter focuses specifically on factors that lead to improved effectiveness of TA. In a field that has been lacking for empirical evaluation, we use a unique dataset of responses from 38 competition agencies that have received technical assistance from the period 1996-2003. Our empirical analysis demonstrates that issues of timing and absorptive capacity of particular forms of technical assistance within a larger political economy consideration maximize the impact and effectiveness of technical assistance provided to competition agencies.

Please do not hesitate to contact me, should you want to submit a paper for our WP series.

Nicolas

The Law of "24"

Damien and I are both lawyers, you all know that. What you probably ignore is that, as a matter of fact, we both are also keen viewers of 24. Now, guess what: there is maybe more than a mere coincidence behind that. Georgetown university is organizing course which explores the many legal ramifications behind 24. It is entitled The law of "24". Check it out here.

Nicolas

32nd Lunch Talk of the GCLC on MSFT's €899 Millions Fine

Programme and registration form on download below. Speakers are Robert O' Donoghue (Brick Court Chambers) and Denis Waelbroeck (Ashurst).

Nicolas

Download 32nd_lunch_talk_of_the_gclc_programme_and_registration_form.pdf

Cowboy Socialism

The Commission's enormous fine against Microsoft has triggered a spate of hostile reactions.

R. Cass's one, a few days ago in the WSJ, is well worth reading:

"While socialism is retreating in nations like China and former Soviet satellite states, it is gaining in the bureaucratic heart of Western Europe. Among those leading this socialist charge is EU antitrust chief Neelie Kroes. All too often, she unilaterally sets the terms of competition for the world, a power that she clearly takes pride in. Other nations, though, should be as offended by this "cowboy socialism" as Europeans are by America's supposed "cowboy capitalism."

If anything, the divide between the US and the EU lies in the perception of government intervention/market freedom.

In the US, people tend to believe that Neelie Kroes drives a socialist agenda, with heavy handed intervention into the economy. In the EU, most people think competition policy serves a laissez faire agenda, and all too often, fails to intervene onto the market when required.

Nicolas

Thanks to Alex for the pointer.

Antitrust Source... of Inspiration

The latest issue of the Antitrust Source is now online. Check it out here. There is an interesting interview of Michael Baye, Director, Bureau of Economics, Federal Trade Commission, where the latter explains how econometric evidence is used in merger proceedings. Together with my assistant, I am currently writing an article on econometric tools in EC competition law... or where the antitrust source becomes a source of inspiration.

Nicolas