Coverage

Incentives in big data deals need to be examined, DG Comp official says

Incentives in big data deals need to be examined, DG Comp official says

07 June 2017

European Commission information, communication and media director Guillaume Loriot says competition policy must not discourage the use of big data, but must “carefully” assess it in merger control.

DG Comp takes permissive approach to selective distribution agreements, says official

DG Comp takes permissive approach to selective distribution agreements, says official

08 June 2017

The head of the European Commission's digital single market task force says the EU antitrust enforcer takes a "permissive" approach to selective distribution agreements, and reiterated its support of Coty's stance at the European Court of Justice.

Enforcers say more evidence needed on algorithms

Enforcers say more evidence needed on algorithms

07 June 2017

Etienne Pfister, chief economist at France’s Competition Authority, said more empirical evidence is needed to determine whether and how the use of online pricing algorithms could potentially violate competition law, and warned regulation and oversight of such pricing programs will be costly.

Chairs

Antonio Bavasso

Allen & Overy, London

Antonio is co-head of the Global Antitrust practice. He advises on all aspects of antitrust law, practising primarily in London and Brussels. 

Laurent Garzaniti

Freshfields Bruckhaus Deringer, Brussels

Laurent is an antitrust, competition and trade partner in Brussels and is co-head of the firm's telecommunications, media and technology sector group.

Keynote Speaker

Guillaume Loriot

Director of Information, Communication and Media, DG Competition, European Commission, Brussels

Speakers

Matthew Bennett

Charles River Associates, London

Claudia Berg

Senior Legal Director, Competition and Markets Authority (CMA), London

Miranda Cole

Covington & Burling, Brussels and London

Giulio Federico

Head of Unit, Chief Economist Team, DG Competition, European Commission, Brussels

Kyriakos Fountoukakos

Herbert Smith Freehills, Brussels

Jenine Hulsmann

Clifford Chance, London

Helen Jenkins

Oxera, Oxford and Brussels

Gunnar Kallfass

Head of Unit, German and European Competition Law, Bundeskartellamt, Bonn

Stephen Kinsella

Sidley Austin, Brussels and London

Thilo Klein

Compass Lexecon, London and Düsseldorf

Thomas Kramler

Head of the Digital Single Market Task Force, DG Competition, European Commission, Brussels

Nicolas Petit

Professor of Law, University of Liege, Liege and Research Professor, University of South Australia, Adelaide

Etienne Pfister

Chief Economist, French Competition Authority (FCA), Paris

Jürgen Schindler

Allen & Overy, Brussels

Joshua Soven

Gibson, Dunn & Crutcher, Washington, DC

Yih-Choung Teh

Competition Policy Director, Ofcom, London

Angeline Woods

Freshfields Bruckhaus Deringer, Brussels

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Antonio Bavasso, Allen & Overy, London
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

9.15: Keynote speech

Guillaume Loriot, Director of Information, Communication and Media, DG Competition, European Commission, Brussels

9.45: Merger control in technology and data: What are the issues and do we have the right tools?

  • A review of substantive issues in past mergers (Google/DoubleClick, Google/Waze, Facebook/WhatsApp, Microsoft/LinkedIn)
  • Current review of DG Comp merger thresholds to catch no/low turnover acquisition
  • Multi-sided markets – where to test dominance?
  • Data pools concentration – is there an issue?
  • Impact of mergers on non-pricing competition parameters (e.g. privacy-enhancing feature of platforms)

Moderator:
Miranda Cole, Covington & Burling, Brussels and London 

Panel:
Jenine Hulsmann, Clifford Chance, London
Helen Jenkins, Oxera, Oxford and Brussels
Jürgen Schindler, Allen & Overy, Brussels
Joshua Soven, Gibson, Dunn & Crutcher, Washington, DC

11.15: Coffee break

11.40: Big data, artificial intelligence and online competition in antitrust enforcement

This session will look at the role of data in antitrust enforcement both in terms of theories of harm and abuse of dominance, and in relation to other forms of collusion that may arise as a result of artificial intelligence. It will consider the extent to which the paradigm of enforcement would be able to adapt to those challenges (e.g. Uber, Art.com and Trod recent precedents in the US and Europe on the potential anti-competitive impact of price algorithms).

Moderator:
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

Panel:
Matthew Bennett, Charles River Associates, London
Claudia Berg, Senior Legal Director, Competition and Markets Authority (CMA), London
Nicolas Petit,
Professor of Law, University of Liege, Liege and Research Professor, University of South Australia, Adelaide
Etienne Pfister, Chief Economist, French Competition Authority (FCA), Paris

13.10: Networking lunch

14.10: Merger control in the communications sector: Ex-post evaluations, effectiveness of remedies and treatment of efficiencies

The European Commission has developed a rich decisional practice, and its position on remedies has evolved and adapted to circumstances of the cases. What lessons have been learned from these experiences ex-post, and how do these analyses inform future cases?

Moderator:
Antonio Bavasso, Allen & Overy, London 

Panel:
Giulio Federico, Head of Unit, Chief Economist Team, DG Competition, European Commission, Brussels
Thilo Klein, Compass Lexecon, London and Düsseldorf 
Yih-Choung Teh, Competition Policy Director, Ofcom, London
Angeline Woods, Freshfields Bruckhaus Deringer, Brussels

15.40: Coffee break

16.00: Selective distribution and e-commerce

This session will look at the decisional practices of antitrust enforcement at the national level and compare with the EU approach, and consider the information that emerged from the e-commerce inquiry.

Moderator:
Stephen Kinsella, Sidley Austin, Brussels and London

Panel:
Kyriakos Fountoukakos, Herbert Smith Freehills, Brussels
Gunnar Kallfass, Head of Unit, German and European Competition Law, Bundeskartellamt, Bonn
Thomas Kramler, Head of the Digital Single Market Task Force, DG Competition, European Commission, Brussels

17.30: Chairs’ closing remarks

Antonio Bavasso, Allen & Overy, London
Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels

17.35: Close of conference

Venue

Bastion Tower, Place du Champ de Mars/Marsveldplein 5, B-1050 Brussels, Belgium

Testimonials

  • "Very well organised, no issues, GCR staff always helpful and professional" -  Joseph Adam, Assistant General Counsel – Deere & Co

  • "Overall, the conference was well arranged and included discussions on current topics and issues facilitated by recognized speakers” - Ami Paanajärvi, Roschier Attorneys