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The Intel Judgment and the Administrability of the Effects-based Approach

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9th GCLC Evening Policy Talk

Monday, September 29, 2014 from 18:45 PM to 20:30 PM

The Intel Judgment and the Administrability of the Effects-based Approach

Professor Massimo MOTTA, Chief Economist DG COMP

Programme:
18:45 – 19:00: Registration
19:00 – 19:45: Talk
19:45 – 20:00: Question time
20:00 – 20:30: Cocktail

Location: The Hotel
38 Boulevard de Waterloo
1000 Brussels
Belgium

For attending this event, please register HERE.

The event will take place under Chatham House rule.

Case for discussion:

T-286/09, Intel/Commission, Judgment of 12 June 2014.

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United Kingdom Merger Control: Recent Developments in the Failing Firm Defence

On 15 August 2014, the Competition and Markets Authority (“CMA”) approved Alliance Medical Group’s completed acquisition of IBA Molecular’s radioactive medical tracer business. Although IBA’s business was loss-making, would have exited the market and there was no other credible buyer for it, the CMA refused to apply the ‘failing firm’ (or ‘exiting firm’) defence, as it was not inevitable that, in the event of IBA’s exit, all or most of its existing customer contracts would have passed to Alliance.  The CMA did, however, find that the merger did not substantially lessen competition, as there would remain two strong competitors, so ensuring continued customer choice.

Given [...]

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The proposals

The proposals deal with the following:

  • the expansion of the Commission’s powers to review the acquisition of non-controlling minority shareholdings;
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CANADA GRAPPLES WITH PRICING ISSUES

Introduction

With the exception of hard-core cartel conduct such as price-fixing and bid-rigging, Canadian competition law has de-emphasized in recent years the importance of pricing conduct as a source of anti-competitive harm. Thus, although the Canadian Competition Act historically contained a variety of criminal offences targeted at pricing conduct – price discrimination, predatory pricing, geographic price discrimination, promotional allowances, and price maintenance – it was only the latter offence that attracted any material enforcement activity. The other pricing offences, although formally “on the books”, were rarely prosecuted, if at all.

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I. INTRODUCTION

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Canada is no exception to this global trend. The Canadian retail grocery industry is intensely competitive, with retailers surviving on razor-thin margins. Not surprisingly, margins and pricing pressure at the retail level have led Canadian retailers to seek relief from suppliers. This has generated considerable tension and also provided the backdrop—or source—for calls for competition law [...]

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