The document provides an overview of recent competition law developments in the EU and Latvia in 2009. It discusses cases related to horizontal agreements, vertical agreements, abuse of dominant position, and mergers. For horizontal agreements, it summarizes the Akzo, Hoechst, KME Germany, and T-Mobile Netherlands cases from the EU and several Latvian cases. For vertical agreements, it discusses the draft EU Regulation and Guidelines and the Samsung case in Latvia. For abuse of dominant position, it analyzes the Microsoft, RWE, Rambus, Intel, and several Latvian cases. It also briefly discusses some merger cases and procedural issues raised by the Intel case.
This document provides an overview of EU competition law. It discusses key topics including:
- The application of EU competition law to the 27 EU member states and EEA countries.
- The relevant institutions that enforce competition policy, including the European Commission.
- The objectives of competition law to protect competition in free markets and promote efficiency.
- Key aspects regulated by competition law including restrictive agreements between companies and abuse of dominant market position.
- Articles 101 and 102 of the EU Treaty which prohibit anti-competitive agreements and abuse of dominance.
Geo-blocking and price discrimination by online marketplaces in the EU Antonella Zarra
Geo-blocking and price discrimination by online marketplaces in the EU
The document discusses geo-blocking practices by online platforms that can lead to price discrimination. It analyzes these practices in the context of the EU digital single market. The author conducted an empirical study analyzing prices of music albums on platforms like iTunes, Amazon and Google Play across 5 EU countries. The study found evidence of price differences across countries that are not fully explained by tax regimes or GDP differences. Platforms like iTunes charged consistently higher prices. The document discusses the relevance of addressing geo-blocking and price discrimination to achieve the EU's goals for its digital single market.
The document summarizes GEODE's position on the European Commission's Green Paper on energy strategy. GEODE supports achieving a fully integrated internal energy market through harmonized rules and increased cross-border infrastructure. They agree more cooperation is needed between transmission system operators and regulators to facilitate cross-border trade. While supporting measures to increase competitiveness and security of supply, GEODE stresses that ownership unbundling should only be required for transmission activities, not distribution activities. Overall, GEODE supports market-based solutions and a stable regulatory framework to attract investment and efficiently achieve energy and climate policy goals.
The Diversified Industrials Conference 11 June 2014
• Antitrust Trends in Diversified Industrials - Ros Kellaway and Lesley Farrell from Eversheds LLP
• Commercial contracting pitfalls - Tony Andrews from Doncasters. Gary Pellow & Tom Bridgford from Eversheds LLP
• Energy costs – opportunities and challenges - Nick Sturgeon from Chemical Industries Association
• M&A in Africa - Rafik Mzah from AfricInvest and Jawad Fassi-Fehri, from Eversheds LLP, Africa Group
Cecilia Malmström thanks members of the European Commission for their letter reinforcing requests to develop a self-assessment tool for rules of origin to facilitate SME use and understanding. A recent survey found most SMEs need more user-friendly information on rules of origin. The Commission is developing a new Access2Markets platform containing detailed rules of origin explanations, examples, and an interactive self-assessment tool to help SMEs determine product eligibility under EU trade agreements. The platform aims to address requests in the letter and empower SMEs to self-assess rules of origin compliance and procedures.
Martin Cave of the Warwick Business School discusses how policymakers in communications should react in the credit crunch as broadband infrastructure projects require investment
The european Antitrust Review 2016 EU telecomsFTDP
Fréget Tasso De Panafieu AARPI
Olivier Fréget and Charlotte Tasso de Panafieu are proud to publish the European Union: Telecoms chapter to the 2016 edition of The European Antitrust Review. Here they discuss hot topics and developments over the past year.
This document provides an overview of EU competition law. It discusses key topics including:
- The application of EU competition law to the 27 EU member states and EEA countries.
- The relevant institutions that enforce competition policy, including the European Commission.
- The objectives of competition law to protect competition in free markets and promote efficiency.
- Key aspects regulated by competition law including restrictive agreements between companies and abuse of dominant market position.
- Articles 101 and 102 of the EU Treaty which prohibit anti-competitive agreements and abuse of dominance.
Geo-blocking and price discrimination by online marketplaces in the EU Antonella Zarra
Geo-blocking and price discrimination by online marketplaces in the EU
The document discusses geo-blocking practices by online platforms that can lead to price discrimination. It analyzes these practices in the context of the EU digital single market. The author conducted an empirical study analyzing prices of music albums on platforms like iTunes, Amazon and Google Play across 5 EU countries. The study found evidence of price differences across countries that are not fully explained by tax regimes or GDP differences. Platforms like iTunes charged consistently higher prices. The document discusses the relevance of addressing geo-blocking and price discrimination to achieve the EU's goals for its digital single market.
The document summarizes GEODE's position on the European Commission's Green Paper on energy strategy. GEODE supports achieving a fully integrated internal energy market through harmonized rules and increased cross-border infrastructure. They agree more cooperation is needed between transmission system operators and regulators to facilitate cross-border trade. While supporting measures to increase competitiveness and security of supply, GEODE stresses that ownership unbundling should only be required for transmission activities, not distribution activities. Overall, GEODE supports market-based solutions and a stable regulatory framework to attract investment and efficiently achieve energy and climate policy goals.
The Diversified Industrials Conference 11 June 2014
• Antitrust Trends in Diversified Industrials - Ros Kellaway and Lesley Farrell from Eversheds LLP
• Commercial contracting pitfalls - Tony Andrews from Doncasters. Gary Pellow & Tom Bridgford from Eversheds LLP
• Energy costs – opportunities and challenges - Nick Sturgeon from Chemical Industries Association
• M&A in Africa - Rafik Mzah from AfricInvest and Jawad Fassi-Fehri, from Eversheds LLP, Africa Group
Cecilia Malmström thanks members of the European Commission for their letter reinforcing requests to develop a self-assessment tool for rules of origin to facilitate SME use and understanding. A recent survey found most SMEs need more user-friendly information on rules of origin. The Commission is developing a new Access2Markets platform containing detailed rules of origin explanations, examples, and an interactive self-assessment tool to help SMEs determine product eligibility under EU trade agreements. The platform aims to address requests in the letter and empower SMEs to self-assess rules of origin compliance and procedures.
Martin Cave of the Warwick Business School discusses how policymakers in communications should react in the credit crunch as broadband infrastructure projects require investment
The european Antitrust Review 2016 EU telecomsFTDP
Fréget Tasso De Panafieu AARPI
Olivier Fréget and Charlotte Tasso de Panafieu are proud to publish the European Union: Telecoms chapter to the 2016 edition of The European Antitrust Review. Here they discuss hot topics and developments over the past year.
The document summarizes the key aspects of a proposed new telecoms regulatory framework in the European Union. The goals are to modernize current rules to drive investment in very high-capacity broadband networks, enable 5G connectivity, provide more focused regulation for services, and establish an efficient system of regulators. Specific proposals include reinforcing infrastructure competition, ensuring spectrum access and efficiency to support advanced connectivity, simplifying end-user protection rules, modernizing the universal service obligation, and strengthening the roles of national regulators and BEREC.
1) The document discusses trends in electronic communications including convergence of industries, the role of platforms, and implications for market structure and regulation.
2) Convergence is pushing formerly separate industries like telecoms, computing and broadcasting to provide similar services through digital technologies and IP networks. This disrupts traditional value chains and business models.
3) Platforms are increasingly important intermediaries, and their pricing structures and market power have regulatory implications. Bundles of services are also gaining importance but create strategic barriers.
4) Issues around market definition, access, and investment in new infrastructure like ultra-fast broadband networks are ongoing areas of focus for regulators as technologies continue to converge.
Uk fm cleaning services market 31 dec 2020nirosuganya
The document provides an overview of the cleaning services market in the UK, including impact from COVID-19. It notes that the market size is £21.3 billion, with Mitie being the largest player at 32.4% market share. In the public sector, healthcare is the largest procurer of cleaning services at £2 billion, while offices account for £9.6 billion or 61.9% of the private sector market. Soft services make up 36.8% and 27.8% of the public and private markets, respectively. The document also outlines top sectors by deal volume over the next four years and discusses COVID-19 impacts such as contract cancellations and increased demand for sanitization services.
The document outlines the European Union's gas regulation update and energy union proposals. It discusses the EU gas target model and regulatory framework of directives, regulations, guidelines and codes. It summarizes the status of implementation of gas congestion management procedures and network codes. It also describes the Commission's February 2015 proposals to establish an Energy Union, including initiatives to strengthen the internal energy market, improve security of supply and external energy governance, and increase sustainability. The future and level of ambition of the Energy Union proposals remains to be seen as it requires agreement from the Council and Parliament.
European energy policy has undergone significant changes through legislation packages that aim to establish a unified regulatory framework across EU member states. Key aspects regulated include unbundling of transmission and distribution, establishing national regulatory authorities and ACER, developing network codes, and fostering regional cooperation between members. The third package strengthened regulations around independent system operators, cooperation requirements for transmission system operators, and powers of national regulatory authorities. Overall, the various laws and initiatives aim to harmonize energy markets through consistent rules while allowing for national authority involvement.
Uk fm in offices and commercial buildings 31 dec 2020nirosuganya
This document discusses the UK facilities management (FM) market and the impact of COVID-19. It notes that over half of top FM providers are facing financial distress. The office sector accounts for over 40% of the private FM market. COVID-19 is creating new opportunities in areas like enhanced cleaning and workplace safety measures. The document advocates expanding one's mindset to create new opportunities during uncertain times.
This document summarizes a presentation given on sensitizing the private sector on opportunities within the CARICOM Single Market and Economy (CSME) public procurement regime. The presentation covered the objectives and scope of the CSME procurement regime, including covered entities and thresholds. It discussed current procurement opportunities for businesses in CARICOM states as well as challenges and additional opportunities that may arise from full implementation of the regime, such as greater market access and joint venture opportunities across borders. Information sharing and capacity building were highlighted as important factors for businesses to take advantage of the regional procurement market valued at $25-32 billion annually.
The document discusses cartel enforcement by the UK Competition and Markets Authority (CMA, formerly the Office of Fair Trading or OFT). It notes that the CMA is determined to enforce competition laws against cartels through fines and other sanctions. In 2013, the OFT fined companies in two cartel cases totaling over £2.8 million. The document outlines what constitutes a cartel under UK and EU competition laws and explains the CMA's process for investigating and fining cartels. It also discusses the potential for personal liability for individuals involved in cartel activities.
This document summarizes key aspects of the European Union's Clean Energy Package, which aims to reform electricity market design and governance. Some of the major changes introduced include reinforcing competitive energy markets through greater consumer rights and roles for demand response and storage. National regulatory authorities will have enhanced oversight of electricity system operators and markets. The package also establishes principles for dispatching electricity sources, balancing markets, and capacity remuneration mechanisms to ensure resource adequacy. Regional coordination centers will be established to harmonize cross-border electricity trading and system operation.
This document discusses the unbundling requirements for energy companies in Europe according to EU directives. It addresses which entities must be unbundled, including transmission system operators, distribution system operators, and storage system operators. It examines the types of unbundling required, including legal, management, and ownership unbundling. It also discusses additional criteria the European Commission examines for ownership unbundling models, such as geographic scope of investments and potential for discrimination. Financial relations between transmission system operators and vertically integrated utilities are also addressed.
Global cable & satellite: 2016 outlookBloomberg LP
The document discusses the outlook for the global cable and satellite industry in 2016. Key issues for the North American cable industry include continued mergers and acquisitions, potential entry into the wireless market through partnerships, and increased competition from online streaming services from companies like Apple and Sling TV. In Europe, pay-TV operators will focus on upgrading set-top boxes and online services to fend off competition, while converged bundled mobile and fixed-line products will drive further industry consolidation.
Presentation given on 14 April 2016 at the "ERA annual public procurement conference 2016", covering issues of procurement centralisation and public registers of public contracts
This report provides an overview of communications market trends in the UK. Key points include:
- Communications industry revenue grew slightly to £51.8 billion in 2008, driven by television subscriptions.
- Household spending on communications fell again in 2008, accounting for 4.63% of monthly outgoings.
- Nearly half of UK homes now buy communications services in bundles, such as broadband and TV.
- Advertising revenue declined for some sectors like radio and commercial TV amid the economic downturn.
- Over a quarter of UK homes now have a digital video recorder (DVR), and 15% of viewing for the main channels is time-shifted.
This presentation, by Wouter Meester from the OECD Competition Division, was made during the discussion “Regional Competition Agreements: Benefits and Challenges”, held during the 17th OECD Global Forum on Competition on 29 November 2018. More documents and presentations on this topic can be found at oe.cd/rca.
This document discusses competition policy and regulation in the digital age in South Africa. It outlines the competition policy framework, including the Competition Commission Act and Electronic Communications Act. The Competition Commission and ICASA both have jurisdiction over competition matters in telecommunications, with the Commission addressing ex post issues and ICASA ex ante regulation. A precedent case found that the Competition Act applies to all economic activity, including in regulated sectors like telecoms. ICASA regulates mobile interconnection rates. While concurrent jurisdiction has generally been effective, some areas like broadcasting remain dominated by incumbents. Ongoing improvement is needed in competition and economic regulation.
This presentation is the basis for a lunchtime seminar on the interaction between competition, State aid and public procurement rules, and the challenges in designing an effective enforcement mechanism that ensures coordinated substantive assessments.
This document summarizes a presentation on the limitations of Member State intervention in energy price regulation under EU law. It discusses how price regulation can undermine market competition if maintained at a low level. While some intervention may be allowed to protect vulnerable customers, the EU Court of Justice has ruled it must be transitory, limited in scope, and comply with criteria for public service obligations. The Energy Community Secretariat has issued recommendations for Contracting Parties on aligning their price regulations with these principles and monitoring market conditions to ensure interventions remain justified. In conclusion, price regulation should only be an exception and not prevent effective competition in energy markets.
This document summarizes the risks that Brexit poses to UK intellectual property (IP) law and policy. It discusses how leaving the EU single market and customs union threatens the UK's access to its largest export market, influence over international IP standards, and legal certainty in relations with other states. It proposes four models for future UK-EU cooperation - EU membership, EEA membership, Swiss-style bilateral agreements, or a Canada-style free trade agreement - and argues that the first two options best mitigate these risks by guaranteeing single market access, trade influence, and legal certainty in IP rights.
The document discusses the evolution of the EU electricity market and system through four packages implemented over the past two decades. The fourth package introduced several new developments: 1) It established new EU bodies like ACER and ENTSOs to coordinate policies across countries. 2) It defined a process for these bodies to develop network codes and guidelines setting common EU rules. 3) Areas now covered by these legally binding codes include generator connections, demand connection, capacity allocation, and balancing. The codes are implemented by national regulators and grid operators.
Problem practices in Competition Law - Presentation to CMA AcademyNicolas Petit
This presentation addresses the issue of the gap practices, that do not facially fall fould of the classic antitrust prohibitions (eg, planned obscolescence, shrouding, IP tracking, etc.). It adresses the issue of default legal instruments, such as Section V of the FTC act. A paper on this is in the making.
The document discusses the European energy packages that have established a regulatory framework for the electricity market across European Union countries. It provides the following key points:
1. The third energy package, implemented around 2009, created new EU bodies like ACER and ENTSOs that helped mutualize regulation across countries. It also gave these bodies legal duties.
2. Since then, several network codes have been developed through a comitology process and implemented at the national level to harmonize rules on issues like generator connections, demand response, and capacity allocation.
3. The network codes and guidelines cover various operational and market areas and aim to gradually establish a single EU-wide target model, though national regulators and grid operators still
The document summarizes the key aspects of a proposed new telecoms regulatory framework in the European Union. The goals are to modernize current rules to drive investment in very high-capacity broadband networks, enable 5G connectivity, provide more focused regulation for services, and establish an efficient system of regulators. Specific proposals include reinforcing infrastructure competition, ensuring spectrum access and efficiency to support advanced connectivity, simplifying end-user protection rules, modernizing the universal service obligation, and strengthening the roles of national regulators and BEREC.
1) The document discusses trends in electronic communications including convergence of industries, the role of platforms, and implications for market structure and regulation.
2) Convergence is pushing formerly separate industries like telecoms, computing and broadcasting to provide similar services through digital technologies and IP networks. This disrupts traditional value chains and business models.
3) Platforms are increasingly important intermediaries, and their pricing structures and market power have regulatory implications. Bundles of services are also gaining importance but create strategic barriers.
4) Issues around market definition, access, and investment in new infrastructure like ultra-fast broadband networks are ongoing areas of focus for regulators as technologies continue to converge.
Uk fm cleaning services market 31 dec 2020nirosuganya
The document provides an overview of the cleaning services market in the UK, including impact from COVID-19. It notes that the market size is £21.3 billion, with Mitie being the largest player at 32.4% market share. In the public sector, healthcare is the largest procurer of cleaning services at £2 billion, while offices account for £9.6 billion or 61.9% of the private sector market. Soft services make up 36.8% and 27.8% of the public and private markets, respectively. The document also outlines top sectors by deal volume over the next four years and discusses COVID-19 impacts such as contract cancellations and increased demand for sanitization services.
The document outlines the European Union's gas regulation update and energy union proposals. It discusses the EU gas target model and regulatory framework of directives, regulations, guidelines and codes. It summarizes the status of implementation of gas congestion management procedures and network codes. It also describes the Commission's February 2015 proposals to establish an Energy Union, including initiatives to strengthen the internal energy market, improve security of supply and external energy governance, and increase sustainability. The future and level of ambition of the Energy Union proposals remains to be seen as it requires agreement from the Council and Parliament.
European energy policy has undergone significant changes through legislation packages that aim to establish a unified regulatory framework across EU member states. Key aspects regulated include unbundling of transmission and distribution, establishing national regulatory authorities and ACER, developing network codes, and fostering regional cooperation between members. The third package strengthened regulations around independent system operators, cooperation requirements for transmission system operators, and powers of national regulatory authorities. Overall, the various laws and initiatives aim to harmonize energy markets through consistent rules while allowing for national authority involvement.
Uk fm in offices and commercial buildings 31 dec 2020nirosuganya
This document discusses the UK facilities management (FM) market and the impact of COVID-19. It notes that over half of top FM providers are facing financial distress. The office sector accounts for over 40% of the private FM market. COVID-19 is creating new opportunities in areas like enhanced cleaning and workplace safety measures. The document advocates expanding one's mindset to create new opportunities during uncertain times.
This document summarizes a presentation given on sensitizing the private sector on opportunities within the CARICOM Single Market and Economy (CSME) public procurement regime. The presentation covered the objectives and scope of the CSME procurement regime, including covered entities and thresholds. It discussed current procurement opportunities for businesses in CARICOM states as well as challenges and additional opportunities that may arise from full implementation of the regime, such as greater market access and joint venture opportunities across borders. Information sharing and capacity building were highlighted as important factors for businesses to take advantage of the regional procurement market valued at $25-32 billion annually.
The document discusses cartel enforcement by the UK Competition and Markets Authority (CMA, formerly the Office of Fair Trading or OFT). It notes that the CMA is determined to enforce competition laws against cartels through fines and other sanctions. In 2013, the OFT fined companies in two cartel cases totaling over £2.8 million. The document outlines what constitutes a cartel under UK and EU competition laws and explains the CMA's process for investigating and fining cartels. It also discusses the potential for personal liability for individuals involved in cartel activities.
This document summarizes key aspects of the European Union's Clean Energy Package, which aims to reform electricity market design and governance. Some of the major changes introduced include reinforcing competitive energy markets through greater consumer rights and roles for demand response and storage. National regulatory authorities will have enhanced oversight of electricity system operators and markets. The package also establishes principles for dispatching electricity sources, balancing markets, and capacity remuneration mechanisms to ensure resource adequacy. Regional coordination centers will be established to harmonize cross-border electricity trading and system operation.
This document discusses the unbundling requirements for energy companies in Europe according to EU directives. It addresses which entities must be unbundled, including transmission system operators, distribution system operators, and storage system operators. It examines the types of unbundling required, including legal, management, and ownership unbundling. It also discusses additional criteria the European Commission examines for ownership unbundling models, such as geographic scope of investments and potential for discrimination. Financial relations between transmission system operators and vertically integrated utilities are also addressed.
Global cable & satellite: 2016 outlookBloomberg LP
The document discusses the outlook for the global cable and satellite industry in 2016. Key issues for the North American cable industry include continued mergers and acquisitions, potential entry into the wireless market through partnerships, and increased competition from online streaming services from companies like Apple and Sling TV. In Europe, pay-TV operators will focus on upgrading set-top boxes and online services to fend off competition, while converged bundled mobile and fixed-line products will drive further industry consolidation.
Presentation given on 14 April 2016 at the "ERA annual public procurement conference 2016", covering issues of procurement centralisation and public registers of public contracts
This report provides an overview of communications market trends in the UK. Key points include:
- Communications industry revenue grew slightly to £51.8 billion in 2008, driven by television subscriptions.
- Household spending on communications fell again in 2008, accounting for 4.63% of monthly outgoings.
- Nearly half of UK homes now buy communications services in bundles, such as broadband and TV.
- Advertising revenue declined for some sectors like radio and commercial TV amid the economic downturn.
- Over a quarter of UK homes now have a digital video recorder (DVR), and 15% of viewing for the main channels is time-shifted.
This presentation, by Wouter Meester from the OECD Competition Division, was made during the discussion “Regional Competition Agreements: Benefits and Challenges”, held during the 17th OECD Global Forum on Competition on 29 November 2018. More documents and presentations on this topic can be found at oe.cd/rca.
This document discusses competition policy and regulation in the digital age in South Africa. It outlines the competition policy framework, including the Competition Commission Act and Electronic Communications Act. The Competition Commission and ICASA both have jurisdiction over competition matters in telecommunications, with the Commission addressing ex post issues and ICASA ex ante regulation. A precedent case found that the Competition Act applies to all economic activity, including in regulated sectors like telecoms. ICASA regulates mobile interconnection rates. While concurrent jurisdiction has generally been effective, some areas like broadcasting remain dominated by incumbents. Ongoing improvement is needed in competition and economic regulation.
This presentation is the basis for a lunchtime seminar on the interaction between competition, State aid and public procurement rules, and the challenges in designing an effective enforcement mechanism that ensures coordinated substantive assessments.
This document summarizes a presentation on the limitations of Member State intervention in energy price regulation under EU law. It discusses how price regulation can undermine market competition if maintained at a low level. While some intervention may be allowed to protect vulnerable customers, the EU Court of Justice has ruled it must be transitory, limited in scope, and comply with criteria for public service obligations. The Energy Community Secretariat has issued recommendations for Contracting Parties on aligning their price regulations with these principles and monitoring market conditions to ensure interventions remain justified. In conclusion, price regulation should only be an exception and not prevent effective competition in energy markets.
This document summarizes the risks that Brexit poses to UK intellectual property (IP) law and policy. It discusses how leaving the EU single market and customs union threatens the UK's access to its largest export market, influence over international IP standards, and legal certainty in relations with other states. It proposes four models for future UK-EU cooperation - EU membership, EEA membership, Swiss-style bilateral agreements, or a Canada-style free trade agreement - and argues that the first two options best mitigate these risks by guaranteeing single market access, trade influence, and legal certainty in IP rights.
The document discusses the evolution of the EU electricity market and system through four packages implemented over the past two decades. The fourth package introduced several new developments: 1) It established new EU bodies like ACER and ENTSOs to coordinate policies across countries. 2) It defined a process for these bodies to develop network codes and guidelines setting common EU rules. 3) Areas now covered by these legally binding codes include generator connections, demand connection, capacity allocation, and balancing. The codes are implemented by national regulators and grid operators.
Problem practices in Competition Law - Presentation to CMA AcademyNicolas Petit
This presentation addresses the issue of the gap practices, that do not facially fall fould of the classic antitrust prohibitions (eg, planned obscolescence, shrouding, IP tracking, etc.). It adresses the issue of default legal instruments, such as Section V of the FTC act. A paper on this is in the making.
The document discusses the European energy packages that have established a regulatory framework for the electricity market across European Union countries. It provides the following key points:
1. The third energy package, implemented around 2009, created new EU bodies like ACER and ENTSOs that helped mutualize regulation across countries. It also gave these bodies legal duties.
2. Since then, several network codes have been developed through a comitology process and implemented at the national level to harmonize rules on issues like generator connections, demand response, and capacity allocation.
3. The network codes and guidelines cover various operational and market areas and aim to gradually establish a single EU-wide target model, though national regulators and grid operators still
This document provides guidance on how to effectively use framework agreements. It discusses:
1) The context and reasons for using framework agreements, such as partnering, bulk purchasing, and avoiding individual procurements.
2) Key considerations for valid framework agreements, including establishing terms like price and ensuring the correct providers and users are identified.
3) The different types of framework agreement call-offs, such as single provider direct awards and multiple provider mini-competitions.
4) Potential issues around leaseholder consultation requirements when using framework agreements for qualifying works.
Markets can become more contestable through deregulation, tougher competition laws, and new technologies lowering entry costs. Contestable market theory holds that the threat of entry, not just current competitors, keeps prices low and forces firms to act efficiently. For example, the open skies agreement allowed more airlines to compete on transatlantic routes, threatening British Airways' profits from high-fare passengers. While no market is perfectly contestable, the degree of competition/threat of entry is what matters most according to this theory.
Markets can become more contestable through deregulation, tougher competition laws, and new technologies lowering entry costs. Contestable market theory holds that the threat of entry, not just current competitors, keeps prices low and forces firms to act efficiently. For example, the open skies agreement allowed more airlines to compete on transatlantic routes, threatening British Airways' profits from high-fare passengers. While no market is perfectly contestable, the degree of ease of entry and threat of competition influences firm behavior and market outcomes.
The Monopolies Commission has submitted a special report to the German government on competition in digital markets. The report provides an in-depth analysis of market structures in select digital markets from competition and competition law perspectives. It focuses on whether adjustments are needed to the existing legal and regulatory framework given profound structural changes from digitalization. The Commission recommends widening the scope of merger control, completing abuse proceedings more rapidly, and taking into account the multi-sided nature and importance of data in digital markets. Adjustments to competition law, such as amended merger thresholds, may be more appropriate than special regulation of internet search engines.
Mary Veronica Tovsak Pleterski's power-point presentationtankesmedjanfores
The document summarizes key aspects of the future of the EU Emissions Trading System (ETS) in Phase 3 from 2013-2020 and beyond. It outlines that the ETS will have a predictable, linear cap on emissions that declines each year. It will also expand to cover more industrial sectors and greenhouse gases. Auctioning will be the default method to allocate allowances, and free allocation will phase out for most industrial sectors by 2027. A common auction platform and oversight measures will help ensure integrity and prevent market abuse. International credits will be restricted to increase incentives for more ambitious domestic emissions reductions. The long term vision is for the ETS and other carbon markets to incentivize more countries and sectors to adopt cap and trade
This document provides an overview of several topics related to commercial law in the UK and EU. It discusses the proposed Common European Sales Law, considerations for mitigating contract risks due to the Eurozone crisis, the Groceries Code Adjudicator Bill, and developments since the implementation of the UK Bribery Act a year ago. Key points covered include the scope and impact of the proposed sales law, contract terms to address currency and payment risks, the functions and potential effects of the Groceries Code Adjudicator, and compliance steps companies have taken in response to the Bribery Act.
This document discusses 4 basic models for opening the power industry to investors:
1. No opening (monopoly model)
2. Opening to "franchised" independent power producers while maintaining a monopoly
3. Opening to generation competition through a single buyer model
4. Opening wholesale markets to generation competition and eligible consumers while retaining a single buyer for retail supply.
The presentation analyzes the characteristics and implications of each model, noting the tradeoffs between reforms, risks transferred to consumers or generators, and the level of centralized planning and incentives for efficiency.
HOW CAN EUROPEAN BUSINESSES BENEFIT FROM THE EU- VIETNAM FREE TRADE AGREEMENT? Dr. Oliver Massmann
This document discusses the benefits of the EU-Vietnam Free Trade Agreement (EVFTA) for European and Vietnamese businesses. It provides an overview of Vietnam's economy in 2016 and the progress of EVFTA negotiations. Key points include that EVFTA will eliminate nearly all tariffs between the EU and Vietnam over 7-10 years, improve market access for goods and services, and establish rules for investment protection and dispute resolution. The agreement has the potential to significantly increase bilateral trade and investment by creating more opportunities in sectors like automotive, pharmaceuticals, alcoholic beverages, and others. Challenges include rising competition and reducing tariffs that impact government revenue.
This document provides an agenda and summaries for a presentation on hot topics in antitrust compliance and enforcement in the US and EU. The topics discussed include the EU's expanded definition of cartels to include information exchanges, the risk of price signaling in the US, enforcement focus on restrictions in online sales and distribution in the EU, and the treatment of resale price maintenance in the US following a 2007 Supreme Court decision. Case examples are also provided.
This document discusses various types of horizontal agreements under EU competition law. It summarizes that horizontal agreements between competitors can involve price fixing, market sharing, limiting output, or collusive tendering. It notes the key tests used to analyze these agreements, including effects on competition and market power. The document also reviews exceptions for agreements that may generate efficiencies, such as certain joint ventures, research and development collaborations, and specialization agreements, provided they do not contain hardcore restrictions like price fixing.
The document summarizes three recent antitrust cases from the EU, Netherlands, and UK that focused on price signaling. The EU case involves container shipping companies publicly announcing price increases, while the Dutch case involved mobile phone operators making public statements about future pricing without internal decisions. In the UK case, cement producers were sending generic price announcement letters, which the regulator found could facilitate coordination. The cases demonstrate increased scrutiny of public announcements and signals about pricing, as regulators view them as potentially reducing competition.
State aid: main developments
Authors:
Ms Alessandra Forzano (European Commission)
Dr Danilo Samà (European Commission)
Abstract:
The Competition Policy Newsletter contains information on EU competition policy and cases. Articles are written by staff of the Directorate-General for Competition of the European Commission.
Editor:
Competition Policy Newsletter
European Commission
Directorate-General for Competition (DG COMP)
Keywords:
competition policy, EU case-law, state aids
JEL classification:
K21; L44
Year:
2012
Pages:
19-25
Citation:
Forzano, Alessandra, Samà, Danilo (2012), State aid: main developments, Competition Policy Newsletter, Vol. 3, Directorate-General for Competition, European Commission, Brussels, Belgium, pp. 19-25.
The document discusses upcoming regulatory challenges for utilities due to three waves of disruption: grid investments, system decentralization, and digitalization/new technologies. It argues that incentive regulation needs upgrades to properly frame efficient grid investments, account for decentralized power systems with local/retail markets, and incentivize monopoly innovation. International cooperation on data sharing and market coupling between transmission and distribution system operators is also needed. Emerging issues like electric vehicle charging and energy storage require clarifying the roles and involvement of distribution system operators. Overall, the debate on regulatory upgrades has been ongoing for a decade to develop efficient frameworks for investments and coherence across a decentralized power landscape with radical new technologies.
The document provides an overview of electricity market reform (EMR) in the UK, including the objectives and key components of EMR. It discusses how the electricity market currently works and the need to reform the market to meet decarbonization, security of supply, and affordability goals. The key elements of EMR include a contract for difference mechanism, capacity market, carbon price floor, and emissions performance standard. It also discusses how EMR relates specifically to new nuclear projects, including the terms agreed with EDF for the Hinkley Point C project.
Similar to Competition law-review 5 mar2010 eng julija-debora.c (20)
The document summarizes the basic principles of Latvian competition law. It discusses the history and objectives of competition law, which include promoting competition to lower prices and give consumers more choice. It describes the Competition Council as the authority that investigates antitrust cases and conducts market studies. The Council has broad investigative powers like dawn raids of companies. The document outlines prohibited anticompetitive agreements, like price fixing, and exemptions. It also discusses when companies can be dominant in a market and prohibited abuses of dominance.
The document summarizes several cartel enforcement cases focusing on procedural issues in proving participation in cartels and reducing fines due to procedural breaches:
1) Cases involving grocery store chains in Latvia where the competition council found clear object cases of market allocation but the Senate decision found they were generally effects cases.
2) The Pfeiderer case where the ECJ ruled national courts can assess whether disclosure of leniency applications is necessary for claimants to obtain damages for cartel harms.
3) Several cases where the General Court reduced fines or found the European Commission failed to prove cartel participation due to insufficient, unreliable, or conflicting evidence.
This document summarizes vertical agreements under EU competition law. It discusses that vertical restraints are generally less harmful than horizontal restraints. It outlines the de minimis rule for vertical agreements between non-competing undertakings. It also describes exceptions to Article 101(1) such as genuine agency, subcontracting, and franchise agreements. The document then discusses the Block Exemption Regulation requirements for vertical restraints to be exempt from Article 101(1), including supplier and buyer market share thresholds and prohibited hardcore restrictions. It provides details on assessing vertical agreements if they fall outside the block exemption.
This document summarizes the EU's competition law investigation and enforcement procedures. It discusses the Commission's powers to conduct inspections of companies and individuals. Companies must cooperate with investigations and are liable for non-cooperation or destruction of documents. "Dawn raids" allow surprise inspections at any time. Companies should cooperate but ensure investigations stay within scope. Privileged communications with lawyers are protected. The leniency program encourages cartel members to report illegal activities in exchange for reduced fines. Care must be taken with written and oral communications to avoid incriminating language. Multi-party agreements should not suggest price-fixing. Dominant companies must avoid anti-competitive behavior or language.
This document provides statistics on the ten highest cartel fines imposed by the European Commission since 1969. It lists the largest fines per case and per company. The document then provides an overview of Article 101 of the TFEU, which prohibits anticompetitive agreements between undertakings. It discusses what constitutes an agreement under EU competition law and outlines the key elements analyzed in assessing potential violations of Article 101, including the concepts of object and effect. The document also touches on how economic principles like the prisoner's dilemma can help assess whether collusion between competitors is likely.
This document provides an overview of dominant position and abuse of dominance under EU competition law. It defines dominance as substantial market power over a period of time. Market shares above 30-50% are generally considered dominant but entry conditions also factor in. Abuses can be exclusionary, aimed at foreclosing rivals, or exploitative of customers. Specific abuses discussed include excessive pricing, loyalty rebates, tying and bundling, margin squeezes, and predatory pricing. The legal tests for these abuses generally examine whether conduct would exclude an equally efficient competitor or harm competition.
This document discusses the conditions for an exemption from the prohibition on anti-competitive agreements under Article 101(3) of the EU competition rules. It outlines the four cumulative conditions for an exemption: 1) efficiencies in production or distribution that benefit consumers; 2) consumers receiving a fair share of the benefits; 3) restrictions being indispensable to achieving the efficiencies; and 4) no elimination of competition. It provides examples of efficiencies and analyzes whether restrictions are indispensable or eliminate competition in various scenarios.
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This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. Contents
1. Overview of the year 2009: Latvia
2. Horizontal agreements
3. Vertical agreements
4. Abuse of dominant position
5. Mergers
6. Procedural issues: will the Intel case
bring more clarity?
5. Akzo case: 100% share ownership
• Case C-97/08: Choline chloride cartel
• “100% share ownership creates a presumption that the
parent company controls the subsidiary and exercises
decisive influence over its commercial policy and is
therefore jointly and severally liable”
• “Where a parent company holds 100% of the capital of
a subsidiary it is for the parent company to produce any
evidence relating to the economic, legal and
organisational links between the subsidiary and itself
which in its view are such as to rebut the presumption
that they do not constitute a single economic entity”
6. Hoechst case: liability of the seller of the
shares
• Case T-161/05: Monochloroacetic Acid cartel
• Hoechst sold business to Clariant which then
made a leniency application and was granted
immunity
• Hoechst argued that due to transfer of business
either:
– Clariant was liable for fine; or
– Hoechst should also benefit from immunity
7. T-Mobile Netherlands case
• Case C-8/08 (preliminary ruling)
• Single meeting between competitors (to discuss the reduction of a
standard dealer remuneration)
• “It is not necessary for there to be actual prevention, restriction or
distortion of competition or a direct link between the concerted
practice and consumer prices. An exchange of information
between competitors is tainted with an anti-competitive object if the
exchange is capable of removing uncertainties concerning the
intended conduct of the participating undertakings.”
• “The national court is required, subject to proof to the contrary,
which it is for the undertakings concerned to adduce, to apply the
presumption of a causal connection, according to which, where
they remain active on that market, such undertakings are
presumed to take account of the information exchanged with
their competitors. That presumption forms an integral part of
applicable Community law”
8. Latvian cases: overview
• Aizputes Ceļinieks & Ceļu, tiltu būvnieks (road
construction)
– Decision dated: 14.05.2009
– Type of case: price fixing
• Public procurement: two agreements with SIA „Komunālā
pārvalde”; Vecliepāja & Jaunliepāja agreements (with
identical price adjustment clauses)
• Exchange of information on planned increase of prices
after the conclusion of the agreements
• Fine: LVL 69’733 ca EUR 99’222
9. Latvian cases: overview
• Tyre mounting and repair case
– Decision dated: 27.06.2009
– Fine: LVL 8’360 ca EUR 11’734
– Type of case: price fixing
• No direct fixing of prices, but sufficient exchange of
information
• Creation of artificial transparency on the market
10. Latvian cases: overview
• Balticovo et al. (eggs’ cartel case II)
– Decision dated 11.12.2009
– Fine: LVL 109’162 ca EUR 153’231
– Exchange of information about:
• output
• costs
• sales volume
• prices (including export prices)
• debtors, clients
• insurance (prices and conditions)
• sales of real estate
11. Latvian cases: overview
• Plus Punkts, Narvesen Baltija and Preses
Apvienība
– Decision dated 16.12.2009
– Fine: LVL 103’100 ca EUR 144’722
– Agreements with Tele2 provided for:
• Maximum retail price of pre-paid mobile telephony cards
• Precluded the retailers from charging the consumers a
“service fee”
– The retailers:
• Almost simultaneously asked to remove these clauses
• Started applying the same “service fee”
13. Introduction
• Vertical agreements = supply and distribution
agreements
• Anti-competitive effects depend on the degree
of market power of the parties, extent of
competition faced
• Art 101(1) [ex 81(1)] and Art 101(3) [ex 81(3)]
• Block exemptions as safe harbours ONLY
14. Draft Regulation and Guidelines on
Vertical Restraints I
• Regulation 2790/1999 (the VRBE) expires on 31 May
2010
• Draft Regulation available at:
http://ec.europa.eu/competition/consultations/2009_vert
ical_agreements/draft_regulation_en.pdf
• Draft Guidelines available at:
http://ec.europa.eu/competition/consultations/2009_vert
ical_agreements/draft_notice_en.pdf
15. Draft Regulation and Guidelines on
Vertical Restraints II
• Major changes:
– Supplier + buyer market share test (up to 30%
for each) INSTEAD of the supplier market share
test alone
– More attention to on-line sales restrictions
• Other points of interest
– Agreements between retail chains and suppliers
– Definition of ‘agreement’
– RPM
16. Draft Regulation and Guidelines on
Vertical Restraints III
• Cumulative market share test
– Narrowing of the scope of application of the
BE
– Questionable relevance of the buyer’s
market power in the downstream market
• Single branding and exclusive distribution
agreements
• Input procurement
– Impractical self-assessment for suppliers
17. Draft Regulation and Guidelines on
Vertical Restraints IV
• Online sales
– Inherent problem of online sales for exclusive
distribution systems
– Still generally regarded as ‘passive’ sales, i.e.,
restrictions thereof fall outside the BE
– Unclear meaning of “specifically targeted online
advertisement”
– Allowed restrictions (‘brick and mortar shop’,
quality standards for Internet site) are very
limited
– Is the distinction between ‘active’ and ‘passive’
sales appropriate for online sales at all?
18. Draft Regulation and Guidelines on
Vertical Restraints V
• Specific agreements between retail chains and
suppliers:
– Upfront access payments = fees charged for access
to retailer’s distribution network
– Category management = supplier entrusted with
marketing of a category of products
• Exempted below the market share thresholds
BUT what happens above the thresholds?
19. Draft Regulation and Guidelines on
Vertical Restraints VI
• Notion of ‘agreement’
– Unilateral action vs. tacit acquiescence
– Bayer (T-41/96; C-2/01P & C-3/01P)
20. Draft Regulation and Guidelines on
Vertical Restraints VII
• RPM (retail price maintenance):
– Still a “hardcore restriction”
– More detailed analyses of the competitive
effects
– Is this good enough?
– The Latvian case: Hanzas Maiznīcas
21. Latvian cases: Samsung
• Samsung Electronics Baltics
– Decision dated 30.10.2009
– Fine: LVL 4’099’943 ca EUR 5’833’693 (total: LVL
6’080’715 ca EUR 8’652’078)
– Geographic market: Latvia, Lithuania, Estonia
– Agreements:
• Price fixing
• Market sharing
22. Abuse of dominant
position
• Microsoft: PC operating
systems case
• RWE Group: German gas
supply case
• Rambus: ambush patent
case
• Intel: rebates case
• Latvian cases: overview
23. Microsoft: PC operating systems case
• Case COMP/39.530
• Automatic tying of 'Internet Explorer' web browser
to the 'Windows' computer operating system
– deprives consumers of choice
– results in fewer innovative products on the market
• January 2009: the Commission’s preliminary view
that the company abused its dominant position in
the market for client PC operating systems through
the tying of Internet Explorer to Windows
24. Microsoft: PC operating systems case
• As of March 2010: browser “Choice screen”
– "Choice Screen" enables users (from EEA) of Windows
XP, Windows Vista and Windows 7 to choose in an
informed and unbiased manner which web browser(s)
they want to install in addition to, or instead of,
Microsoft's web browser
– Same applies to users, who receive an automatic update
– Available for 5 years
• 16 December 2009: Commission’s commitment
decision
25. Microsoft: PC operating systems case
• Mr. Nitot, president of Mozilla Europe
(27.10.2009): “In 17 countries of Europe,
Firefox is now the dominant browser, and the
browser is particularly popular in Eastern
Europe”
• Firefox was launched in 2004, i.e. when
Microsoft was allegedly foreclosing the market
26. RWE Group: German gas supply case
• Case COMP/39.402
• RWE may have abused the dominant position on its
gas transmission network to restrict its competitors'
access to the network
• Types of abuses:
– Capacity management: systematically keeping the transport
capacity on its gas network for itself
– Margin squeeze: setting transmission tariffs at an artificially
high level with the effect of preventing even a competitor as
efficient as RWE from competing effectively on the downstream
gas supply markets or limiting competitors' or potential entrants'
ability to remain in or enter the market
27. Margin squeeze: no discrimination
B C
Purchase price (PP) 40 40
Minimum manufacturing costs (MinC) 40 40
Maximum competitive retail price (MaxC) 100 100
Profit (P = MaxC – PP – MinC) 20 20
Sparkling wine manufacturer: B
(group company with A)
Sparkling wine manufacturer: C
Wine material manufacturer: A
28. Margin squeeze: no discrimination
B C
Purchase price (PP) 60 60
Minimum manufacturing costs (MinC) 40 40
Maximum competitive retail price (MaxC) 100 100
Profit (P = MaxC – PP – MinC) 0 0
Sparkling wine manufacturer: B
(group company with A)
Sparkling wine manufacturer: C
Wine material manufacturer: A
29. RWE: commitments
• RWE committed to divest its entire Western
German high-pressure gas transmission network,
including the necessary personnel and ancillary
assets and services
• Competition Commissioner Neelie Kroes
commented: "This very substantial set of remedies
will fundamentally change the landscape of
German gas markets…RWE will no longer be able
to use the control of its network to favour its own
gas supply affiliate over its competitors."
30. Rambus: patent ambush
• Case COMP/38.636
• Type of abuse:
– allegedly intentional deceptive conduct, resulting in
– potentially abusive royalties for the use of certain patents
as
• US courts dismissed the claim: FTC had not
proven that absent the incriminated conduct
Rambus’ technology would not have been
standardised
• Patent ambush and royalties: to be or not to be?
31. Intel: rebates case
• Case COMP/37.990
• Financial consequences:
– Fine: € 1.06 billion (largest fine on single firm, but
only(?) 4.15% of the turnover)
– Settlement with AMD: $ 1.25 billion to be paid
• Facts:
– Dominant position by Intel between October 2002-
December 2007
– Relevant market: x86 Central Processing Units
(CPU) worldwide market (at least 70% market share)
32. Intel: types of abuses
1. Wholly or partially hidden rebates to computer
manufacturers on condition that they bought all, or
almost all, their x86 CPUs from Intel
2. Direct payments to Europe’s largest PC retailer
(MSH) on condition that it stocked only computers
with x86 CPUs
3. Direct payments to computer manufacturers to
stop or delay the launch of specific products
containing a competitor’s x86 CPUs and to limit
the sales channels available to these products
33. Latvian cases: overview
• Riga Free Port case
– Decision dated 20.03.2009
– Fine LVL 45’000 ca EUR 63’166
• VIASAT and TV3 case
– Decision dated: 18.06.2009
– Fine LVL 87’000 ca EUR 122’122
• Alpha Express case
– Decision dated 22.10.2009
– Fine LVL 8’679 ca EUR 12’182
34. Latvian cases: overview
• 2009 commitments cases:
– Forum Cinemas case (18.06.2009)
– Preses Serviss case (04.02.2009)
– Latvenergo case (20.11.2009)
– Nasdaq OMX Riga case (18.12.2009)
35. Mergers
• Electrabel: de facto control
• Qualcomm: third party
appeal of clearance
• Schneider: action for
damages against the
Commission
• Latvian cases: Ostas flote
36. Electrabel: de facto control
• Case No. COMP/M.4994
• Transaction cleared in April 2008
• EUR 20 million fine for acquisition of de facto
control already in December 2003
• Appeal lodged before the CFI
37. Qualcomm: third party appeal of
clearance
• Case T-48/04
• Third party appeal of clearance of acquisition
by DaimlerChrysler Services and Deutsche
Telekom of joint control over Toll Collect
• Appeal dismissed
38. Schneider: action for damages
against the Commission
• Case C-440/07P
• Schneider ordered by Commission to divest of
Legrand; Commission decision was thereafter
annulled
• Schneider claimed EUR 1’700 million in
damages
• CFI awarded EUR 420k
• ECJ set aside the CFI judgment
39. Latvian cases: Ostas flote
• Decision dated: 14.01.2010
• Fine: LVL 27’250 ca EUR 38’773
• Failure to notify acquisition of 50% (joint
control)
40. Procedural issues: will
the Intel case bring
more clarity?
• Intel: the power of
context?
• Standard of proof
• Right of defence
• Some case-law
41. Intel: the power of context?
• Intel’s chief executive wrote in e-mail message to a
colleague that Dell was “the best friend money can
buy”
– "Yeah, I said some of those things, but they are taken
broadly out of context. When the full nature of the emails
is exposed, [it will be clear that] there is another way to
interpret them.“
• Massive amount of information
– 141 companies questioned
– 21 dawn raids
– Several hundred thousand pages (500 million pages?)
42. Standard of proof
• Confirmation bias: a search for evidence that
confirms rather than challenges one’s beliefs
• European and national procedural rules:
applying mutatis mutandis, ignoring or taking
into the account?
43. Right of defence
• Extensive evidence gathering powers
– On-site inspections
– Requests for information
– Power to take statements and to interview
• Judicial review possibilities
• Control over the file (confidential information, (not)
including the gathered evidence to the file,
redacted files)
• Reliance on complainants
• “Blind” search and interviews... No sufficient
information before the “statement of objections”?
44. Some case-law
• Joined cases T-68/89, T-77/89 and T-78/89,
Società Italiana Vetro SpA, Fabbrica Pisana
SpA and PPG Vernante Pennitalia SpA v
Commission
• Type of case: cartel
• Issues:
– Deleting words
– Excluding certain evidence
45. Some case-law
• Case T-342/99, Airtours plc v Commission
• Type of case: merger
• Issues:
– Inconsistency with previous opinions
– Misreading of evidence
46. Some case-law
• Case T-5/02, Tetra Laval BV v Commission
• Type of case: merger
• Issues:
– Accuracy of economic evidence
– “Convincing” evidence
47. Thank you!
Tallinn Tartu Riga Vilnius
Ahtri 6a, 10151
Tallinn, Estonia
Kaluri 2, 51004
Tartu, Estonia
Vesetas iela 7, LV-1013,
Riga, Latvia
Konstitucijos av. 7, LT-09308
Vilnius, Lithuania
Tel. +372 626 4300 Tel. +372 730 1610 Tel. +371 6732 0000 Tel. +370 5 248 7337
Fax +372 626 4306 Fax +372 730 1620 Fax +371 6732 0065 Fax +370 5 248 7338
tallinn@varul.com tartu@varul.com riga@varul.com vilnius@varul.com
Debora Pavila Julija Jerneva
Partner, Attorney-at-law Partner, Attorney-at-law
+371 2914 9110 +371 2913 1597
Debora.Pavila@varul.com Julija.Jerneva@varul.com