On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers that Facebook abuses its dominant position through imposing unfair general terms and conditions (“t&cs”). The published materials provide some interesting…
In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is clear that the Commission has largely been true to its stated enforcement priorities. However, the recent announcement of an…
Let me get this straight from the beginning. I am not a big fan of the trend among the competition authorities to introduce whistleblowing programs. For me this seems to be rather a sign of weakness and not of strength. If other available tools (and especially the leniency program) worked well there would probably be…
The German Federal Cartel Office (“FCO”) terminated antitrust proceedings against toy manufacturer Lego on July 18, 2016, following Lego’s agreement to change its current rebate system. Lego will enable online retailers to obtain in practice the same amount of discounts as available for brick and mortar shops. The FCO had opened proceedings against Lego based…
In all competition investigations, it is inevitable that the parties under investigation, and often also third parties, will receive numerous information requests and demands to produce documents and provide information. Such requests may be either formal or informal in nature. These are often burdensome, requiring the provision of substantial information and documentation in a short…
80th Lunch Talk of the Global Competition Law Center Monday, April 4, 2016 from 12:00 PM to 2:00 PM EU Competition Law Enforcement and the Legacy of Ordo-liberalism: Myths and Realities with Christian Ahlborn, Linklaters Pierre Larouche, Tilburg University Vincent Verouden, E.CA Economics Moderator: Damien Gerard, GCLC Programme: 12:00 – 12:30: Sandwich lunch and socializing…
11th ANNUAL CONFERENCE OF THE GLOBAL COMPETITION LAW CENTER Monday-Tuesday, February 1-2, 2015 from 9:00 AM onwards THE NOTION OF RESTRICTION OF COMPETITION: REVISITING THE FOUNDATIONS OF ANTITRUST ENFORCEMENT IN EUROPE Commissioner Margrethe Vestager, Bernard Amory, Christopher Bellamy, Yves Botteman, Cristina Caffarra, Avantika Chowdhury, Miranda Cole, Raphaël De Coninck, Carles Esteva-Mosso, Luc Gyselen, James Killick,…
11th ANNUAL CONFERENCE OF THE GLOBAL COMPETITION LAW CENTER Thursday-Friday, November 26-27, 2015 from 9:00 AM onwards THE NOTION OF RESTRICTION OF COMPETITION: REVISITING THE FOUNDATIONS OF ANTITRUST ENFORCEMENT IN EUROPE Commissioner Margrethe Vestager, Bernard Amory, Christopher Bellamy, Yves Botteman, Cristina Caffarra, Peter Camesasca, Pascale Déchamps, Raphaël De Coninck, Carles Esteva-Mosso, Luc Gyselen, Pablo Ibanez-Colomo,…
This blog deals with the 2nd part of the FCO’s discussion paper on internet platforms: possible theories of harm and intervention of competition agencies. For the first part on general concepts please see my previous blog. Merger control The FCO explains that reducing the number of platforms may actually increase competition, due to the easier…
77th Lunch Talk of the Global Competition Law Center Monday, September 14, 2015 from 12:00 PM to 2:00 PM Competition Enforcement in the Time of Big Data: Myths and Realities Sophie MOONEN, DG COMP, European Commission Miranda COLE, Covington & Burling Matthew BENNETT, Charles River Associates Moderator: Damien GERARD, GCLC Programme: 12:00 – 12:30: Sandwich…
