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Competition Enforcement in the Time of Big Data: Myths and Realities

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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 lunch and socializing
12:30 – 13:30: Presentations and comments
13:45 – 14:00: Q&A

Location: The Hotel
38 Boulevard de Waterloo
1000 Brussels
Belgium

For attending this event, please register HERE.

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Amendment in the Combination Regulations

In a press release dated 3 July 2015, Competition Commission of India (CCI) has clarified the scope of amendments made to the Regulations relating to Combinations. The amendments touch upon several procedural changes to be followed in case of filings by imparting more flexibility to the parties. A noteworthy aspect of the amendment is the insertion of a transparency element in case of merger filing procedure. The amendment clarifies the following:

Further, to bring in greater transparency regarding the review process, the amendments provide that a summary of every combination under review will be published on the website of CCI. Such publication will provide stakeholders an opportunity to su [...]

Polish Competition Authority announces important changes to its procedures

The Polish Competition Authority, which is the President of the Office of Competition and Consumer Protection (the “PCA”), has announced that, starting from 1 September 2015, it will be issuing statements of objections to undertakings and will set up an internal evaluation committee. These new tools are, in PCA’s own words, designed to “strengthen procedural fairness and parties’ defense rights”.
Statement of objections

A statement of objections (in Poland called “detailed justification of charges”) will be issued to an undertaking as soon as the PCA concludes the evidence-gathering stage of the administrative proceedings against the undertaking. It will set out the known facts [...]

Advocate general deals another blow to economic assessment of rebates

It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations on which the prohibition of abuse of a dominant position rests in EU law”.

Advocate General Kokott’s opinion in Post Danmark offers old-school analysis of Post Danmark’s rebates.1

Background

The relevant market was the bulk mail market, in which Post Danmark had a monopoly share. Its standardised volume rebate scheme applied to all customers, with a series of tiers starting at 30,000 letters. The scheme offered increasing rebates starting at 6% (for 30,000 letters) an [...]

EU judgment confirms potential of high cartel fines for vertically integrated multinational companies

On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment1 concerning the basis on which cartel fines by the European Commission should be calculated for vertically integrated companies.

The judgment endorses the power of the European Commission to impose large fines on multinational companies operating at various levels of the manufacturing and supply chain. It confirms that, for the purposes of cartel fine calculation, the Commission may take into account non-EEA sales of cartelized inputs if these inputs have been built into finished products and subsequently sold to a third party in the EEA by a vertically integrated company.

The judgment stands as a [...]

Competition Commission of India Initiates Investigation in relation to Resale Price Maintenance –impact on business operations

The Competition Commission of India (CCI) has recently launched investigations in relation to RPM in two sectors: the e-commerce sector (Jasper Infotech Private Limited and Kaff Appliances, Case No 61 of 2014) and the automobile sector (F/X Enterprise and Hyundai, Case No 36 of 2014). This is the first time where CCI will consider the competitive concerns emanating from RPM. A small factual snapshot, with respect to the issue of RPM, of each of the cases is as below:-

- Jasper and KAFF: Jasper owns and operates an online market place under the name of snapdeal.com. It was alleged that KAFF, a player in the kitchen appliance market, was imposing RPM and adduced an email exchange sent by an o [...]

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