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Key takeaways of Mark Meador speech Innovation and Antitrust: Bridging the Silicon Valley–Washington Divide

- Both DC and Silicon Valley operate within their own “bubbles,” which creates mutual misunderstanding and leads each side to see the other as either obstructionist or naïve.

- The debate is often reduced to a false binary of regulation versus innovation, instead of evaluating each case on its merits.

- Not all regulation is harmful and not all innovation is beneficial, so the focus should be on distinguishing wise innovations from harmful ones.

- Technology’s promise has not always translated into societal benefit, as the internet democratized knowledge but much of its use has become passive consumption (e.g., short-form video).

- AI represents a pivotal inflection point, with the potential to drive breakthroughs in medicine, science, and defense or to deepen social harm and mistrust if left unchecked.

- Antitrust enforcement is crucial because competitive markets drive better innovation and prevent the concentration of power that undermines consumer welfare.

- Acqui-hire practices pose a real competitive threat, as large firms may acquire startups primarily to commandeer talent and reduce competition, creating “buy and kill” dynamics.

- Antitrust law is not outdated—its principles remain applicable, but the challenge is applying them effectively in real-time with modern market data and economic insights.

- Enforcement must follow “regular order,” with predictable, fair, and transparent processes to avoid politicized or arbitrary enforcement.

- The shared mission is serving the American public, and both regulators and tech companies must build trust and show how their actions benefit ordinary people, not just elites.

DOCUMENTATION

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025

Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025

Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025

Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

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DOCUMENTATION

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025

Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025

Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122

Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025

Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025

Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

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DOCUMENTATION

Italian Competition Authority, The Italian Competition Authority orders a Big Tech company to suspend the terms excluding competing AI Chatbots from WhatsApp (Meta), 24th December 2025, e-Competitions January 2026 - I, Art. N° 130696

Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444

Jéssica Nemeth, Sara Routsi, Beyond traditional M&A : Antitrust perspectives on acqui-hires, contracts, and minority stakes in tech and pharma, 1st December 2025, Concurrences N° 12-2025 , Art. N° 130135

David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025

Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025

Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025

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1. David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025, e-Competitions Big Tech & Dominance, Art. N° 126896

2. Amelia Mora, Martin Seegers, The EU Court of Justice rules that the limitation periods for cartel damages claims start only after the final decisions of national competition authorities (Nissan Iberia), 4 septembre 2025, e-Competitions September 2025 - II, Art. N° 128629

3. Scott Eisman, Mary Helen Wimberly, The US Court of Appeals for the DC Circuit denies the Government’s motion for a stay and orders the reinstatement of a Democratic FTC Commissioner in a dispute over President Trump’s removal without cause (Slaughter / Trump), 2 September 2025, e-Competitions September 2025 - II, Art. N° 128606

4. Stephen Calkins, Politicization of antitrust: Part II - Politics and communication by antitrust enforcers, July 2025, Concurrences N° 7-2025, Art. N° 126302

5. Oliver Latham, Sam Marden, Politicization of antitrust: Part III - The politician and the judge: Implications for competition policy , July 2025, Concurrences N° 7-2025, Art. N° 126331

6. Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025, Concurrences N° 7-2025, Art. N° 126683

7. Andreas Heinemann, Interoperability as a catalyst for competition and innovation, July 2025, Concurrences N° 7-2025, Art. N° 126292

Watch the video version on Youtube.

Explore the full scope of their analysis by visiting the book’s page on Concurrences.

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Watch the video version on Youtube.

Explore the full scope of their analysis by visiting the book’s page on Concurrences.

Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Watch the video version on Youtube.

Explore the full scope of their analysis by visiting the book’s page on Concurrences.

Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Watch the video version on Youtube.

Explore the full scope of their analysis by visiting the book’s page on Concurrences.

Follow us on Bluesky and join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Read the transcript of this episode on your Spotify or Apple Podcasts application.

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1. Muriel Chagny, Étienne Chantrel, Faustine Viala, Illumina/Grail : Halting the practice of Article 22... What comes next? (AFEC, Paris, September 17, 2024), November 2024.

2. Harry Robins, David R. Brenneman, Joshua Goodman, Qian (Susan) Zhu, Damos Anderson, Bernard W. Archbold, John Ceccio, The US FTC issues changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024.

3. Guillaume Fabre, Bastien Thomas, Nicolas Chavonnand Valades, Concentrations in the digital sector: Interplays between the DMA and EU merger control, September 2024

4. Iveta Stoyanova, Luis Moscoso Del Prado, The EU Commission publishes a FSR brief recapping the first 100 days of the Foreign Subsidies Regulation, 22 February 2024.

6. Madani Bah, David Tayar, Oligopolistic markets: The Court of Justice of the European Union overturns the judgment of the General Court annulling the Commission’s decision to prohibit a merger in the telecoms sector, in a very severe ruling that sets out the standard of proof that the Commission must meet when prohibiting a merger (CK Telecoms UK Investment), 13 July 2023.

7. Maren Tamke, Josef Hainz, Jean-Nicolas Maillard, Emmanuelle van den Broucke, Paul Lemmen, The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast), 16 March 2023.

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1. Andrea Marván Saltiel, Lucia Ojeda, Andrea Marván Saltiel (COFECE): Navigating institutional change in Mexico, February 2025.

2. Mexican Competition Authority, The Mexican Competition Authority undergoes a transitional period prior to the replacement of Cofece with a new agency, 6 January 2025.

3. Mexican Competition Authority, The Mexican Competition Authority announces its position on the Organic Simplification Proposed Reform which includes the dissolution of the Federal Economic Competition Commission as an autonomous constitutional body, 23 August 2024.

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1. Fiona Carlin, I. Europe’s response to a shifting world order and the implications for EU competition policy, February 2025.

2. Irene de Angelis, II. Draghi Report - A new competition tool: A necessary renewal of existing practices?, February 2025.

3. Arianna Andreangeli, A new agenda for growth: The Draghi report and competition policy, February 2025.

4. James Killick, Assimakis Komninos, Tilman Kuhn, Strati Sakellariou-Witt, Giulio Preti, The EU Commission publishes the Draghi Report calling for changes to State Aid and competition policy, 9 September 2024.

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1. Xénia Brun, Antitrust and the Digital Economy: Legal Standards, Presumptions, and Key Challenges, January 2025.

2. J. Clayton Everett, Jr., Brendan Fee, Joshua Goodman, Minna Lo Naranjo, Rishi Satia, Braden Fairweather, The US FTC and DoJ jointly withdraw the Antitrust Guidelines for Collaborations Among Competitors, 11 December 2024.

3. Christophe Carugati, Rima Alaily, Gregor Langus, Norbert Maier, Rashid Muhamedrahimov, Tone Oeyen, Yesim Yargıcı, Rafael Longo, Marta Rocha, Friso Bostoen, Anouk Van der Veer, Artificial Intelligence and antitrust, May 2024.

4. Barbara T. Sicalides, Brett E. Broczkowski, The US FTC launches an inquiry into generative AI investments and partnerships by dominant companies to ascertain if they could distort innovation and undermine fair competition (Alphabet / Amazon / Anthropic / Microsoft / OpenAI), 25 January 2024.

5. Richard S. Taffet, Marc Rysman, Katie Glynn, Jonathan M. Jacobson, Linda Cenedella, Joanna Christoforou, Nicholas Pellow, Jon R. Roellke, Jorge Padilla, Albert Riera, Xavier Vives, Rainer Schwabe, Tech’s Impact on Financial Services Competition, November 2021.

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1. Daniel Gilman, Jonathan M. Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025.

2. Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025.

3. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024.

4. Irving Scher, How the FTC can harmonize its rejuvenated Robinson-Patman Act enforcement with contemporary antitrust policies, November 2024.

5. Herbert Hovenkamp, James A. Keyte, Herbert Hovenkamp (University of Pennsylvania): The need for objective measures in antitrust law, September 2024.

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1. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024

2. US Department of Justice Antitrust Division, The US Court of Appeals for the First Circuit affirms the blocking of 2 major airlines’ non-compete agreements in the Northeast (American Airlines / JetBlue), 8 November 2024

3. Ryan K. Quillian, Pegah Nabili, The US FTC and DoJ publish the HSR Annual Report for 2023 showing historically low levels of merger enforcement, 10 October 2024, e-Competitions October 2024

4. US Federal Trade Commission, The US FTC unanimously votes in favour of changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024

5. David B. Schwartz, Rebecca A. D. Nelson, Emilee L. Hargis, Stephen Scannell, The US District Court for the Western District of Washington highlights risks and impacts from using pricing algorithms in a case brought by the FTC against a Big Tech company (Amazon), 30 September 2024.

6. Jamillia Ferris, Meghan Rissmiller, Jan Rybnicek, Matthew D. McDonald, Sam Fulliton, The US FTC and DoJ issue final merger guidelines which represent a significant departure from the 2010 Guidelines and reflect the expansive enforcement approach followed by current antitrust agencies’ leaderships, 18 December 2023.

7. Karen M. Lent, Kenneth Schwartz, The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers, 18 January 2022.

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1. Marie Cartapanis, Claire Mongouachon, AEC Test : The Court of Justice of the European Union dismisses an appeal brought by the European Commission and rules on the application of the most effective competitor test (Intel), 24 October 2024.

2. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024.

3. Elisabetta Rotondo, The EU Court of Justice hands down a judgement finding that a football association’s rules which preclude the creation of competing associations breach the EU competition law (ESLC / UEFA / FIFA), 21 December 2023.

4. Giovanni Pregno, The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia), 19 January 2023.

5. Anne Wachsmann Guigon, Nicolas Zacharie, Daniel Green, Notion of abuse: The European Court of Justice specifies the criteria to be used to qualify the abuse of a dominant position characterised by exclusionary practices (Servizio Elettrico Nazionale), 12 May 2022.

6. James Killick, Jacquelyn MacLennan, Mark Powell, The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC, 24 February 2009.

The book offers a provocative look at key areas of competition-related AI scholarship. It serves as a valuable resource for legislators, policymakers, and enforcers to assess how competition law can be adapted to confront the challenges of AI.

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

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In her speech, she celebrates Concurrences' 20th anniversary and emphasizes the importance of competition policy in enhancing EU competitiveness, especially amid the green and digital transitions. It highlights the recent focus on resilience, innovation, and fair competition, addressing market power concentration and unfair practices. New tools like the Digital Markets Act (DMA) and Foreign Subsidies Regulation were created to ensure fair digital competition and tackle foreign subsidies. Collaboration with international partners, especially the U.S. and UK, is essential to address global competition challenges. Lastly, M. Vestager underscores that competition policy should safeguard democracy and empower citizens against rising economic and political power concentration.

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1. Veronica Roberts, Kyriakos Fountoukakos, Eric White, Daniel Barrio, David Rasche, Dejan Einfeldt, Ruth Allen, The EU Commission announces 5 initiatives aimed at enhancing EU economic security in the face of risks arising from increased geopolitical tensions and accelerated technological shifts, 24 January 2024.

2. Laura Corbett, Florian Deuflhard, Stefan Frübing, Leonor Bettencourt Nunes, Thorsten Schiffer, Ariti Skarpa, The EU Commission investigates a proposed acquisition by a global software company prior to the abandonment of the merger by the parties (Adobe / Figma), 17 November 2023.

3. Simon Vande Walle, Conglomerate effects: The European Commission prohibits a dominant hotel booking platform from acquiring a flight booking platform based on an “ecosystem theory of harm” (Booking.com / eTraveli), 25 September 2023. 

4. Marie Cartapanis, Equal access: The European Commission accepts commitments offered by an operator consisting of preventing it from using the data of active sellers and ensuring equal access to its market place and subscription program (Amazon), 20 December 2022.

5. Nicholas Levy, Henry Mostyn, Paul Stuart, Patrick Todd, The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price-based abuses of dominance (Google Android), 14 September 2022.

6. Frédéric Pradelles, Mary Hecht, The EU General Court confirms the Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping), 10 November 2021.

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1. Concentrations in the digital sector: Interplays between the DMA and EU merger control

2. The EU General Court confirms the Commission decision designating a video-sharing platform as a gatekeeper under the DMA (TikTok)

3. Digital Markets Act : The European Commission informs a major technology company of its preliminary findings that the "pay or consent" advertising model does not comply with the DMA (Meta)

4. Digital Markets Acts: The European Commission announces its preliminary findings on the steering rules of a big tech company and initiates an investigation into compliance with Article 6(4) of the DMA regarding the installation of third-party applications or digital storefronts (Apple)

5. The new digital landscape: Interaction between the DMA and rules of national and EU law governing the conduct of gatekeepers

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1. Richard Whish, Dirk Middelschulte, Daniel Green, Marceline Tournier, Jorge Padilla, Assimakis Komninos, Angélique de Brousse, Philippe Croene, Grania Holzwarth, The new EU Commission competition policy, November 2024.

2. Frank Montag, Björn Sijtsma, Draghi Report: Revamping competition law to overcome the productivity gap?, November 2024.

3. Kyriakos Fountoukakos, Camille Puech-Baron, Ruth Allen, The EU Commission publishes the "Draghi report" on the future of European competitiveness, 9 September 2024.

4. Luca Arnaudo, New competition regulatory tools: Towards a structure-behavior-performance framework, September 2024.

5. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024.

In this book, Bostoen provides an in-depth analysis of how traditional concepts of abuse of dominance apply in the context of digital platforms. The book begins with an examination of platform business strategies, setting the stage for a detailed exploration of various forms of leveraging abuse, including tying, refusal to supply, margin squeeze, and discrimination. Bostoen’s analysis is particularly relevant as he offers a fresh perspective on how these practices should be understood and addressed within the unique dynamics of the platform economy.

Explore the full scope of Friso Bostoen’s work and gain insights into one of the most pressing issues in modern competition law. For more details, visit the book’s page on Concurrences.

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1. Tamer Nagy, Nazly Khedr, The Egyptian Government publishes the implementing regulation on the amended Competition Act to herald a new merger control regime, 4 April 2024.

2. Hegui Taha, Maha El Meihy, Rana Moustafa, The Egyptian House of Representatives approves the amendments to the national Competition Law to herald landmark reforms in the merger control regime, 4 December 2022.

3. J. Mark Gidley, Tamer Nagy, Ahmad Ashraf, The Egyptian Government approves its first pre-notification merger regime, 25 November 2020.

4. Marianela López-Galdos, The Egyptian Prime Minister approves amendment to the national Competition Act granting independence of its Competition Authority, 18 December 2011.

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1. European Commission, The EU Commission designates a multinational booking platform as a gatekeeper in the online intermediation market (Booking.com), 13 May 2024.

2. Alain Ronzano, Digital Markets Act: The European Commission designates a Big Tech company as a gatekeeper under the Digital Markets Act with respect to its operating system for tablets (Apple), 29 April 2024.

3. US Department of Justice Antitrust Division, The EU Commission, US FTC and DoJ hold a joint technology and competition policy dialogue to strengthen cooperation and promote fair competition in the digital economy, 11 April 2024.

4. Alain Ronzano, Digital Markets Act: The European Commission launches five non-compliance investigations against GAFAMs, as well as two preliminary investigations on suspicion that four of the six gatekeepers are not fully complying with the obligations laid down by the DMA (Alphabet ; Apple ; Meta), 25 March 2024.

5. Alain Ronzano, Digital Markets Act : The European Commission designated gatekeepers who must comply with all obligations provided for by the regulation on digital markets (Apple, Alphabet, Meta, Amazon, Microsoft et ByteDance), 7 March 2024.

6. Alain Ronzano, Digital Markets Act : The European Commission concludes, after four market investigations, that certain platforms from the GAFAM should not be considered as gatekeepers (iMessage ; Bing ; Edge ; Microsoft Advertising), 13 February 2024.

7. General Court of the European Union, The EU General Court dismisses a video-sharing service provider’s challenge to its designation as a gatekeeper (Bytedance), 9 February 2024.

8. Thomas Graf, Robbert Snelders, Henry Mostyn, Sabrina Apitz-Grossman, Conor Opdebeeck-Wilson, Bianca Buzatu, The EU Commission designates the first set of gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft), 6 September 2023.

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1. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024.

2. UK Competition Authority, The UK Competition Authority seeks views on whether partnerships, hiring of former employees and other arrangements among AI companies, comply with UK merger regulations (Microsoft / Mistral AI / Amazon / Anthropic / Microsoft / Inflection AI), 24 April 2024.

3. Henry Mostyn, Anders Jay, Aleksandra Katolik, Ghazzal Maydanchi, The UK Competition Authority publishes its updated review of AI Foundation Models which highlights that the sector is developing in ways that risk negative market outcomes, 11 April 2024.

4. French Competition Authority, The French Competition Authority initiates ex officio inquiries and launches a public consultation into generative artificial intelligence, 8 February 2024.

5. German Competition Authority, The German Competition Authority announces that the investments and cooperation between a Big Tech and an artificial intelligence company are not subject to merger control (Microsoft / OpenAI), 15 November 2023.

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1. Nicole L. Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond Jacobsen, The US FTC and DOJ propose new draft Merger Guidelines which introduce substantial changes including reduction in the threshold for presuming competitive harm in horizontal mergers and a new structural presumption for vertical mergers, 19 July 2023

2. Craig A. Waldman, Aimee E. DeFilippo, Michael A. Gleason, Michael H. Knight, Jeremy P. Morrison, Pamela L. Taylor, Ryan C. Thomas, The US FTC and DOJ propose important changes to Hart-Scott-Rodino Act for premerger filings, 29 June 2023

3. Gabrielle Kohlmeier, Jennifer E. Mellott, Meghan Rissmiller, Mergers in the telecommunications sector: An overview of EU and US case law, 29 June 2023

4. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023

5. Nicholas Xenakis, Ryan K. Quillian, The US House of Representatives passes a legislative package updating legislation on antitrust, FDI and mergers, 29 September 2022

6. Marc Freedman, The UK Government publishes a report summarising FDI under the new screening regime, 16 June 2022

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1. European Court of Justice, The EU Court of Justice upholds the annulment of the Commission’s €1.06B fine on a chipmaker for alleged abuse of dominance through loyalty rebates (Intel), 24 October 2024.

2. Fayrouze Masmi-Dazi, Edging antitrust enforcement in the generative artificial intelligence era, May 2024.

3. David Bosco, Pauline Helly d'Angelin, Didier Theophile, Adam Kidane, Virginia Pavel Dobre, Jonathan M. Barnett, Alec J. Burnside, A look at the treatment of abusive mergers in Europe (Art. 22 of Regulation (EC) No 139/2004, Art. 102 TFEU, etc.), March 2024.

4. Alyse Stach, The US Supreme Court declines to hear an appeal concerning a judgment sharing agreement among major US meat suppliers in the case concerning the broiler chicken industry (ACR / Amick / Cargill...), 8 January 2024.

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1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

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1. Bill Batchelor, Aurora Luoma, Nick Wolfe, Iacovos Antoniou, The UK Government sees its new Digital Markets, Competition and Consumers Act come into force handing more powers the Competition Authority, 1 January 2025.

2. Tom Smith, The UK Parliament’s Digital Markets, Competition and Consumers Bill receives royal assent, 24 May 2024.

3. James Mulligan, Eric Pennesi, The UK Competition Authority publishes an update paper outlining its concerns with AI foundation models, 11 April 2024.

4. Nigel Parr, Christopher Eberhardt, Fiona Garside, Hayden Dunnett, The UK Competition Authority publishes an overview of its provisional approach to implementing the new Digital Markets regime explaining how it will carry out its Digital Markets functions, 11 January 2024.

5. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023.

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1. Cary Coglianese, Alicia Lai, Algorithms and Competition in the Digital Economy, 5 October 2023

2. Omar Shah, Leonidas Theodosiou, Savas Manoussakis, Nina Jayne Carroll, The UK Competition Authority releases its initial AI foundation models report and the guiding principles for firms, 18 September 2023

3. Thibault Schrepel, Generative AI, pyramids and legal institutionalism, September 2023

4. Philip Marsden, UK Competition law & Digital markets: An overview of national case law, 13 July 2023

5. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July 2023

6. Yannis Katsoulacos, Accelerating antitrust enforcement through the use of more presumption-based legal standards for the big-tech digital markets, May 2023

7. Nigel Parr, Anna Morfey, Christopher Eberhardt, Fiona Garside, The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech, 25 April 2023

8. US Department of Justice Antitrust Division, The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google), 17 April 2023

9. US Department of Justice Antitrust Division, The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue, 30 March 2023

10. Adam Acosta, Mark J. Gidley, George Paul, Gabriela Baca, Cassandra Calderon, Sandra González Sánchez, The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements, 2 March 2023

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In this episode, our guests continue to explore the framework and practice in relation to judicial review of competition cases across leading jurisdictions. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. 

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

Watch the video version of this episode here.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.

1. Randolph Tritell, Abbott (Tad) Lipsky, Due process: A challenge to the international antitrust community, January 2025.

2. US Department of Justice Antitrust Division, The US DoJ withdraws from the 1995 bank merger guidelines and emphasises the 2023 Merger Guidelines as sole authority across all industries, 17 September 2024.

3. US Department of Justice Antitrust Division, The US DoJ and FTC jointly issue the 2023 Merger Guidelines which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions, 18 December 2023.

4. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 2023.

5. Diane Wood, Lina Khan, Diane Wood (US Court of Appeals for the Seventh Circuit) : Antitrust Law - The Tortoise or the Hare?, May 2021.

Our guests continue the discussion into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. 

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

Watch the video version of this episode here.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.

1. US Federal Trade Commission, The US FTC and DOJ jointly announce the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors, 12 December 2024.

2. Kenneth Schwartz, Rita Sinkfield Belin, Joseph F. Ciani-Dausch, The US FTC issues amendments to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024.

3. Brazilian Competition Authority, The Brazilian Competition Authority conditionally approves a 14-year extension term for the activities of an existing joint venture that provides video production and other services for the media sector (SBT / Record / RedeTV), 13 septembre 2023.

4. Anna Huttenlauch, Carolina Vidal, The Brazilian Competition Authority clears a landmark joint venture for the development of sustainability measurement software between leading traders of agricultural commodities (Cargill / Louis Dreyfus / ADM), 21 June 2023.

5. Eileen M. Cole, Anna Aryankalayil, Craig Falls, The US DOJ withdraws policy statements in the healthcare industry to signal increased scrutiny on mergers, joint ventures, group purchasing and information sharing, 3 February 2023.

Our guests delve into the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with JV transactions in light of merger control and substantive antitrust laws, in order to provide an up-to-date and comprehensive overview of the state of the law. 

Explore the full scope of their work and gain insights into this important field of antitrust, by visiting the book’s page on Concurrences.

Watch the video version of this episode here.

Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes.

1. Sergio Sorinas, Khushbu Kumar, CEMAC merger control: Towards an empowered regime (A practitioners’ guide), January 2025.

2. Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025.

3. Marta Sendrowicz, Agnieszka Kolasinska, Aleksander Braksator, The Polish Competition Authority revises its merger guidelines, providing clarity to merger control rules on the notification of extraterritorial joint ventures, 25 October 2024.

4. European Commission, The EU Commission forms a multilateral working group with leading Competition Authorities to exchange best practices on pharmaceutical mergers, 16 March 2021.

5. Dave Anderson, Paul Culliford, Surveying the surveys – The drive for implementation of the ICN’s recommended practices for merger notification and review procedures, September 2020.

This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. 

Explore the full scope of the intersection of judicial review with competition law, by visiting the book’s page on Concurrences.

Read the full transcript on Spotify or Apple Podcasts and watch the video version on YouTube.

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1. Duncan Liddell, Steven Vaz, Natasha Gromof, The UK Competition Authority issues an updated guidance on the Phase II merger review process, 25 April 2024.

2. Bill Batchelor, Aurora Luoma, Nick Wolfe, Elizabeth Malik, The UK Court of Appeal delivers a landmark ruling clarifying the substantive standard of judicial review to be applied by the Competition Appeal Tribunal in merger cases (Cerelia / Jus-Rol), 11 April 2024.

3. Douglas H. Ginsburg, Judicial Review of Competition Cases, EICKE Tim and GINSBURG Douglas H. (eds.), May 2023.

4. David M. Harrison, Sarah Wilks, Ruth Neligan, UK : Trends in merger control post-Brexit : Fresh out of the oven, May 2023.

5. Nicholas Levy, Paul Gilbert, Alexander Waksman, Ranulf Outhwaite, Courtney Olden, The UK Parliament publishes an independent report on the state of national competition law, 16 February 2021.

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1. Kyriakos Fountoukakos, Peter Rowland, Jose Munoz, The EU Commission publishes the names of the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft...), 4 July  20232023

2. Géraldine Amiel, Alexis Galataud-Coskun, The EU Commission publishes the first ever European Economic Security Strategy, 20 June 2023

3. Bill Batchelor, Andreas Kafetzopoulos, The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which provide a stricter information exchange regime for competitors’ cooperation, 1 June 2023

4. Thomas Courbe, DSA / DMA: Now it’s time for a successful implementation !, May 2023

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1. Lise Damelet, EU Foreign Subsidies Regulation, Global Dictionary of Competition Law, Concurrences, 1st February 2023 

2. Carole Maczkovics, Johan Ysewyn, Peter D. Camesasca, Sophie Bertin, Christian Ahlborn, Sibel Yilmaz, The EU Parliament and Council Foreign Subsidies Regulation designed to prevent the distortion of the internal market enter into force, 12 January 2023

3. European Commission, The EU Commission sees the Foreign Subsidies Regulation enter into force, 12 January 2023 

4. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023, 28 November 2022

5. Alain Ronzano, Competition policy: The European Parliament adopts by a large majority the regulation on foreign subsidies distorting the internal market, 10 November 2022

6. Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Commission reaches agreement on foreign subsidies regulation with the new regime scheduled to enter into force in 2023, 30 June 2022

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1. Japanese Competition Authority, The Japanese Competition Authority publishes a market study report on mobile OS and mobile app distribution, 9 February 2023

2. UK Competition Authority, The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google), 22 November 2022

3. Kathryn McMahon, USA: Monopolization of mobile ecosystems - The decision in Epic v. Apple, September 2022

4. Marie Cartapanis, Frédéric Marty, Relevant market: The General Court of the European Union upholds the Commission’s decision imposing a record fine on the dominant operator for strengthening its dominant position in the markets for general internet search services and intelligent mobile operating systems (Google / Android), 14 September 2022

5. UK Competition Authority, The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google), 26 May 20226. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

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1. German Competition Authority, The German Competition Authority issues statement of objections against a Big Tech company’s data processing terms (Google), 11 January 2023

2. Assimakis Komninos, Jérémie Jourdan, Preti Giulio, The EU Commission publishes its draft DMA Implementing Regulation for consultation, together with the proposed notification form for "gatekeepers", 9 December 2022

3. Ann-Christin Richter, The EU Commission see its Digital Markets Act enter into force and therefore increased antitrust scrutiny of Big Tech firms, 1 November 2022

4. Konstantina Bania, Sean-Paul Brankin, Jean Cattan, Francis Donnat, Damien Geradin, Martin d'Halluin, Pierre Larouche, Theano Karanikioti, Alexandre de Streel, Joëlle Toledano, Pat Treacy, Daniel Zimmer, The Digital Market Act, September 2022

5. Laurence Idot, David Bosco, Martine Behar-Touchais, Michel Debroux, Anne-Sophie Choné-Grimaldi, Benoît De Nayer, Pierre Petillault, Digital market Act: Competition law and digital giants (Nanterre, April 1, 2022), September 2022

6. Laurence Bary, Marion Lecole, Antitrust in the digital sector: An overview of EU and national case law, 30 June 2022

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1. European Court of Justice, The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet), 12 January 2023

2. Margot Vogels, Charlotte Nassogne, The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others), 10 November 2022

3. Lesley Hannah, Anna Stellardi, Sofie Edwards, The UK Competition Appeal Tribunal issues opt-out certification decision in a class action brought against a Big Tech by a consumer advocate (Liz Coll / Google), 31 August 2022 

4. Alain Ronzano, Sanction: The General Court of the European Union essentially upholds the fines imposed on the airlines in the air cargo cartel case (Airfreight cartel), 30 March 2022

5. Lochy Macpherson, Marc Barennes, Lochy Macpherson: Funding competition claims – What are the main trends?, February 2022

6. Agustin Reyna, Class action & damages claims: have we finally found the "Courage" two decades since the EU’s top Court landmark judgment? 20 January 2022

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1. German Competition Authority, The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon), 14 November 2022

2. Christoph Arhold, Mark D. Powell, Genevra Forwood, Irina Trichkovska, The EU Commission adopts a second amendment to the Temporary Crisis Framework to support businesses affected by Russia’s actions in Ukraine and the unfolding energy crisis, 28 October 2022

3. German Competition Authority, The German Competition Authority clears unconditionally but "with unease" the acquisition of a CRM platform by a social media company (Meta / Kustomer), 11 February 2022

4. Falk Schöning, Johanna Brock-Wenzek, Florian von Schreitter, The German Parliament passes amendments of antitrust law affecting the merger control regime, 19 January 2021

5. Miranda Cole, Peter D. Camesasca, The German Competition Authority publishes a draft on a new merger control notification threshold based on transaction value, 30 October 2017

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1. Workshop, Antitrust Horizon - Meet The Enforcers: Olivier Guersent & Andreas Mundt, November 2022

2. European Commission, The EU Commission sees the DMA enter into force, ensuring open and fair digital markets, 1 November 2022

3. Alain Ronzano, Publication: The European Commission publishes the DMA in the Official Journal of the European Union, 12 October 2022

4. European Commission, The EU Commission welcomes the adoption by the EU Parliament of new rules for digital services, 5 July 2022

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1. Lesli C. Esposito, Amy Pimentel, David Saunders, The US FTC institutes court action against a mobile app company for selling consumer location information (Kochava), 29 August 2022

2. US Federal Trade Commission, The US FTC seeks to block a Big Tech company’s acquisition of a popular virtual reality fitness app (Meta / Within), 27 July 2022

3. Pierre Larouche, Legislation on digital platform giants: The future of competition law?, February 2022

4. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

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1. Konstantina Bania, Sean-Paul Brankin, Jean Cattan, Francis Donnat, Damien Geradin, Martin d'Halluin, Pierre Larouche, Theano Karanikioti, Alexandre de Streel, Joëlle Toledano, Pat Treacy, Daniel Zimmer, The Digital Market Act, September 2022

2. Oles Andriychuk, Diane Coyle, David J. Gerber, Pier Luigi Parcu, Amelia Fletcher, Jorge Padilla, Salvatore Piccolo, Philip Lowe, Maurits J. F. M. Dolmans, Daniel Zimmer, Juliane Kokott, Ariel Ezrachi, Maurice Stucke, Svend Albæk, Hanna Schröder, Competition Overdose: Exploring the Limitations, searching for the treatment, February 2022

3. Eleanor M. Fox, Liber Amicorum, Antitrust Ambassador to the World, Fairness as a Counterpoint to Efficiency in Competition Policy?, p.308, October 2021

4. Fatma El-Zahraa Adel, Fairness in EU Competition Policy: Significance and Implications. An Inquiry into the Soul and Spirit of Competition Enforcement in Europe, Damien GERARD, Assimakis KOMNINOS et Denis WAELBROECK (dir.), February 2021

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

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1. Laurence Bary, Marion Lecole, Antitrust in the digital sector: an overview of EU and national case law, 30 June 2022

2. Laurent de Muyter, Jörg Hladjk, Holger Neumann, Undine Von Diemar, Olivier Haas, Andreas Holzwarth-Rochford, The EU Commission proposes a Data Act to enhance data access and sharing within the Union, 23 February 2022

3. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward, September 2021

4. Harry First, Digital platforms and competition policy in developing countries, May 2021

5. Cristina Caffarra, “Follow the Money” - Mapping issues with digital platforms into actionable theories of harm, 29 August 2019

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1. Eleanor M. Fox Liber Amicorum - Antitrust Ambassador To The World, PART III - Emerging Economies: Challenges and Opportunities

2. Teresa Moreira, International cooperation in competition law enforcement: Is regional cooperation the best option for developing countries?, September 2021, Concurrences N° 3-2021, Art. N° 101384, www.concurrences.com

3. Paula Farani de Azevedo Silveira and Paula de Andrade Baqueiro CADE, Rekindling Convergence: The Digital Economy and the Need for a Coherent and Convergent Global Competition Law Enforcement, Frédéric Jenny Liber Amicorum Volume II - Standing Up for Convergence and Relevance in Antitrust

4. Harry First, Digital platforms and competition policy in developing countries

5. European Competition Network Brief, The French Competition Authority accepts the commitments made by an online travel agency (Booking.com), 10 December 2019, e-Competitions December 2019, Art. N° 96208

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1. Hellenic Competition Authority, The Hellenic Competition Authority initiates a public consultation process on the proposal to create a sandbox for sustainable development and competition in the national market, 12 July 2021, e-Competitions July 2021, Art. N° 101832

2. Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cecile Rameau, Josep M. Carpi Badia, Etienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier Da Silveira, Fatma El-Zahraa Adel, The integration of public interest considerations in the application of competition rules (26 Nov 2020), May 2021, Concurrences N° 2-2021, Art. N° 100229

3. Christian Ritz, Oliver Cook, Florian von Schreitter, The EU Commission calls for contributions regarding the relationship between competition and sustainability policies, 13 October 2020, e-Competitions October 2020, Art. N° 97595 

4. Andrea Cosnita-Langlais, On the law and economics of public interest defense for cartels, May 2020, Concurrences N° 2-2020, Art. N° 94324

5. Simon Holmes, Consumer welfare, sustainability and competition law goals, May 2020, Concurrences N° 2-2020, Art. N° 93496

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1. Pamela L. Taylor, Peter J. Love, Michael H. Knight, The US FTC announces its adjustments to the HSR Act threshold and determines which mergers and acquisitions must be reported to the federal government before consummation, 28 January 2020, e-Competitions January 2020, Art. N° 93565

2. Jens Munk Plum, Prohibited mergers: An overview of EU and national case law, 3 March 2021, e-Competitions Prohibited mergers, Art. N° 87143

3. Concurrences' webinar: Mergers & Acquisitions: How To Deal With Competition Requirements Before And After Closing?

4. The EU Commission Opens An In-Depth Investigation Following Referral From Austria To Assess The Proposed Acquisition Of A Company Specialized In The Supply Of Customer Relationship Management Software By A Big Tech Company (Kustomer / Facebook)

5. The US FTC Rescinds The 1995 Policy Statement That Limited Its Ability To Deter Problematic Mergers

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1. Farouk Er-razki, Big Tech and the Digital Economy: The Moligopoly Scenario, Nicolas PETIT, February 2021, Concurrences N° 1-2021, Art. N° 98935, pp. 266-267 

2. European Commission, The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google), 22 June 2021, e-Competitions June 2021, Art. N° 101438 

3. Italian Competition Authority, The Italian Competition Authority fines a Big Tech company 100 million euros for abusing its dominant position (Google / Enel X), 13 May 2021, e-Competitions May 2021, Art. N° 100968 

4. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 102322

5. Annette Printz Nielsen, Hans Svensson, Kim Kit Ow, Slawomir Szepietowski, Stefano Febbi, Konrad Siegler, Michael Jünemann, Kristiina Lehvilä, Ivan Sagál, Michelle Chan, Shane Barber, Joost van Roosmalen, Trystan Tether, Pauline Kuipers, Scott McInnes, Cathie-Rosalie Joly, Adrian Calvo, The Dutch Competition Authority publishes its report on the role of big techs in the payment market, 3 December 2020, e-Competitions December 2020, Art. N° 98180

6. Marc Wiggers, Robin Struijlaart, The EU Court of Auditors encourages the Commission to tighten the screws on Big Tech, 19 November 2020, e-Competitions November 2020, Art. N° 98285

7. Luis Blanquez, Steven J. Cernak, The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies, 23 June 2021, e-Competitions June 2021, Art. N° 102097

8. US Federal Trade Commission, The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study), 11 February 2020, e-Competitions February 2020, Art. N° 95088

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1. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems: Understanding the issues, facing the challenges and moving forward , September 2021, Concurrences N° 3-2021, Art. N° 101662, pp. 38-62 

2. Paula Ramada, Incentives to innovate in “product ecosystems”, May 2021, Concurrences N° 2-2021, Art. N° 100689, pp. 34-43

3. Jay Modrall, The EU Commission publishes a proposal of the Digital Markets Act to regulate the so-called "gatekeeper platforms", 15 December 2020, e-Competitions December 2020, Art. N° 99435

4. Michele Giannino, The Italian Competition Authority fines a Big Tech company for abusive conduct in the digital markets (Google / Enel), 27 April 2021, e-Competitions April 2021, Art. N° 100994

5. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 102324

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

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1. Joanna Christoforou, Frances M. Murphy, Michael Zymler, The UK Competition Authority publishes a paper on the impact of algorithms on competition in digital markets and consumer welfare, 19 January 2021, e-Competitions January 2021, Art. N° 99580

2. Simon Holmes, Consumer welfare, sustainability and competition law goals, May 2020, Concurrences N° 2-2020, Art. N° 93496, www.concurrences.com 

3. Cani Fernández, Paloma Martínez-Lage Sobredo, Cani Fernández: The priority is to strengthen mechanisms to guarantee effective competition in markets that benefits consumers, May 2021, Concurrences N° 2-2021, Art. N° 100581, pp. 14-17

4. Alden F. Abbott, Shanker Singham, Enhancing welfare by attacking anticompetitive market distortions, december 2011, Concurrences N° 4-2011, Art. N° 39546, www.concurrences.com

5. Katsoulacos, Y., Avdasheva, S., & Golovanova, S. (2019). A Methodology for Empirically Measuring the Extent of Economic Analysis and Evidence and for Identifying the Legal Standards in Competition Law Enforcement. In Frederic Jenny Liber Amicorum: Standing up for convergence and relevance in antitrust. essay, Concurrences Review.

6. Jee-Yeon Lehmann, Liz Neyens, Rebecca Scott, Tímea Laura Molnar, The US FTC holds two panels examining antitrust issues in labor markets as part of its hearings on competition and consumer protection in the 21st century, 16 October 2018, e-Competitions October 2018, Art. N° 96937

7. Stéphane Rodrigues, Competition Policies and Consumer Welfare - Corporate Strategies and Consumer Prices in Developing Countries, February 2017, Concurrences N° 1-2017, Art. N° 83497, pp. 262

Read the transcript of this episode here

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1. Antitrust concerns in Ad-Tech: formalizing the combined effect of multiple conducts and behaviours, European Competition Journal, Vol., No 2, 2021

2. French Competition Authority, The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions June 2021, Art. N° 101065

3. Thomas Höppner, Max Volmar, Phillipp Westerhoff, The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers), 7 June 2021, e-Competitions September 2021 - II, Art. N° 102324

4. Christophe Lemaire, Alexandre Marescaux, Jurisdiction: The French Court of Jurisdictional Conflict rules that the Paris Court of Appeal has jurisdiction to rule on a decision of the French Competition Authority to publish a decision disclosing business secrets in spite of a classification decision of the General Rapporteur (Google), 5 October 2020, Concurrences N° 1-2021, Art. N° 99211, pp. 185-188

5. Tim Kasten, The French Competition Authority issues interim measures requiring a Big Tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94719

6. Florence Leroux, Thomas Oster, The French Competition Authority imposes interim measures on a Big Tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated with the use of their content based on transparent, objective, and non-discriminatory criteria (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94979

This podcast series has received unrestricted financial support from Charles River Associates. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

Video available on Concurrences Youtube channel.

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1. Miranda Cole, Katarzyna Sadrak, The EU Commission publishes proposals imposing obligations on providers of digital services and augmenting enforcement powers, 15 décembre 2020, e-Competitions December 2020, Art. N°98962

2. Ernesto Apa, Enzo Marasà, Livia Petrucci, Maria Cristina Michelini, The EU Commission publishes a public consultation on the Digital Services Act covering issues such as online safety, freedom of expression and fairness, 2 juin 2020, e-Competitions June 2020, Art. N° 100185

 3. Jay Modrall, The EU Commission publishes a package of initiatives on Europe’s digital future to create legislation on AI and big data, 19 février 2020, e-Competitions February 2020, Art. N° 93847

4. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market : An overview of EU and national case law, 15 juillet 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045

5. Alexandre de Streel, Pierre Larouche, The European Digital Markets Act proposal : How to improve a regulatory revolution, mai 2021, Concurrences N° 2-2021, Art. N° 100432, pp. 46-63

6. Frédéric Jenny, Competition law enforcement and regulation for digital ecosystems : Understanding the issues, facing the challenges and moving forward , septembre 2021, Concurrences N° 3-2021, Art. N° 101662, pp. 38-62

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

In this new episode of the series, Damien Levie (Head of Unit - Technology and Security, FDI Screening) and Paul Johnson (Partner, Baker Mckenzie) are interviewed by Samantha Mobley (Partner, Baker McKenzie) on Foreign Investment Screening at the European Union level.

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1. Claire Vannini, Dimitri Guarneri, Foreign investment control: Analysis and practical views on the scope of the French and European mechanisms, August 2021, Concurrences N° 3-2021, Art. N° 101303

2. Concurrences Webinar - The EU Foreign Subsidies Proposal, 8 July 2021

3. Alec J. Burnside, Marjolein De Backer, The EU Commission issues its proposal to create wide-ranging powers to tackle non-European subsidies which may distort competition in Europe, 5 May 2021, e-Competitions May 2021, Art. N° 100919

4. Bill Batchelor, Frederic Depoortere, Andrew L. Foster, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Niels Baeten, The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies, 5 May 2021, e-Competitions May 2021, Art. N° 100984

5. Jay Modrall, The EU Commission publishes its first official guidance on the application of the FDI Regulation and states that during the COVID-19 crisis there could be an increased risk of attempts to acquire healthcare capacities, 25 March 2020, e-Competitions March 2020, Art. N° 94031

This podcast series has received unrestricted financial support from Baker MacKenzie. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this new episode, Fayrouze Masmi-Dazi (Partner, Frieh Associés) explains the decision and discusses its impact. Will it trigger negotiations between Google and the press? Can Google block or appeal the injunction? And what decisions have been made in other countries?

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1. Press release, Autorité de la Concurrence, 13 July 2021

2. Alain Ronzano, Intellectual property: The French Competition Authority sanctions a search engine for non-compliance with its decision on interim measures, mainly for not negotiating in good faith with publishers and press agencies, by refusing to grant a separate financial valuation to neighbouring rights for current uses of protected content (Google), 13 July 2021, Concurrences N° 2-2021, Art. N° 101556 

3. Laurent Geelhand, Antoine Riquier, The French Competition Authority imposes interim measures on a dominant Big Tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google), 9 April 2020, e-Competitions April 2020, Art. N° 95257

4. French Competition Authority, The French Competition Authority imposes interim measures against a search engine suspected to abuse of its dominance by infringing the law relating to neighboring rights (Google), 9 April 2020, e-Competitions April 2020, Art. N° 94250

This podcast series has received unrestricted financial support from Frieh Associés. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this episode, Fayrouze Masmi-Dazi (Partner, Frieh Associés) discusses the decision: What are the potential impacts of this decision globally? What are the commitments proposed by Google and accepted by the Autorité to address these issues? ”

Video available on Concurrences Youtube channel.

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1. French Competition Authority, The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google), 7 June 2021, e-Competitions June 2021, Art. N° 101065

2. Alain Ronzano, Engagements : L’Autorité de la concurrence inflige une amende de 220 millions d’euros pour une pratique d’auto-préférence réciproque entre le serveur publicitaire et les plateformes de mise en vente programmatique d’espaces publicitaires dans le secteur de la publicité en ligne (Google), 7 June 2021, Concurrences N° 2-2021, Art. N° 101172

3. Maria-Olga Papadopoulou, Margot Vogels, Andreas Reindl, The French Competition Authority fines a Big Tech company €220 million for favoring its own services in the online advertising services supply chain (Google), 7 June 2021, e-Competitions June 2021, Art. N° 101482

This podcast series has received unrestricted financial support from Frieh Associés. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

Video available on Concurrences Youtube channel

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1. Interview with Rima Alaily (Microsoft by Maureen Ohlhausen (Baker Botts) for Webinar #3 - Data: Innovation, Level Playing Field & Access, 25 June 2021

2. Concurrences Webinar, IP & Antitrust - #3 Data: Innovation, level playing field & access, 17 June 2021

3. Geert Goeteyn, Christian D’Cunha, Luca Manigrassi, Ariel Ezrachi, Andrea Cilea, Maurice Stucke, Big Data and competition law, November 2017, Concurrences N° 4-2017, Art. N° 84938

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

In this new episode of the series, Marie-Anne Lavergne (Head of Unit - Foreign Direct Investment, DG Trésor) and Guillaume Nataf (Partner, Baker Mckenzie) are interviewed by Samantha Mobley (Partner, Baker McKenzie) on Foreign Investment Screening in France.

Video available on Concurrences Youtube channel.

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1. Claire Vannini, Dimitri Guarneri, Foreign investment control: Analysis and practical views on the scope of the French and European mechanisms, August 2021, Concurrences N° 3-2021, Art. N° 101303

2. Concurrences Webinar - 12th New Frontiers of Antitrust Conference #1 Opening keynote speech by Bruno Le Maire & Foreign Direct Investment Control, 8 June 2021

3. Peter D. Camesasca, Horst Henschen, Martin Juhasz, Foreign direct investment screening in Europe : A comparative perspective on differences and commonalities within Europe, November 2020, Concurrences N° 4-2020, Art. N° 96871, pp. 268-272

4. Al Mangan, Bruce Kilpatrick, Rona Bar-Isaac, Helge Heinrich, The OECD reports on foreign direct investment flow regulation in EU member states during the COVID-19 pandemic, 4 mai 2020, e-Competitions May 2020, Art. N° 95949

This podcast series has received unrestricted financial support from Baker MacKenzie. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this episode, Samantha Mobley (Partner, Baker McKenzie) is interviewing Sarah Mackintosh (Deputy Director National Security & Investment, BEIS) and Sunny Mann (Partner, Baker Mckenzie) on Foreign Investments Screening in The United Kingdom.

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1. UK Parliament, National Security and Investment Act 2021, Act, 29 April 2021

2. Joanna Christoforou, Omar Shah, Savas Manoussakis, The UK Parliament’s Act on foreign direct investment receives royal assent, 29 April 2021, e-Competitions April 2021, Art. N° 101011

This podcast series has received unrestricted financial support from Baker MacKenzie. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Carmelo Cennamo (Professor at Copenhagen Business School) on the Digital Markets Act objectives, overarching architecture & its implications for value creation in the EU. 

Video available on Concurrences Youtube channel.

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1. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market: An overview of EU and national case law, 15 July 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045

2. Concurrences Webinar - Will a one-size-fits-all digital markets act deliver for consumers?, 11 May 2021

3. Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio, DMA/DSA: Has Europe really given itself the means to achieve its ambitions?, May 2021, Concurrences N° 2-2021, Art. N° 100023

4. Alexandre de Streel, Pierre Larouche, The European Digital Markets Act proposal: How to improve a regulatory revolution, May 2021, Concurrences N° 2-2021, Art. N° 100432, pp. 46-63

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

Video available on Concurrences Youtube channel.

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1. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market: An overview of EU and national case law, 15 July 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045

2. Giuseppe Colangelo, Viktoria Robertson, Kayvan Hazemi Jebelli, Antonio Manganelli, Antonio Nicita, Despoina Mantzari, Pedro Caro de Sousa, Virginia Pavel Dobre, Friso Bostoen, Daniel Mândrescu, Vikas Kathuria, Competition policy in the digital economy, May 2021, Concurrences N° 2-2021, Art. N° 100010

3. Omar Vásquez Duque, Jörg Hoffmann, Can data exploitation be properly addressed by competition law ? A note of caution , February 2021, Concurrences N° 1-2021, Art. N° 98791, pp. 75-82

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

In this new episode, Jennifer Baker (EU Policy and Tech Reporter) is interviewing Julian Wright (Lim Chong Yah Professor of Economics, National University of Singapore) on the effects of regulation that might prevent natural platform expansions. What should we think of platforms leveraging their core capabilities to expand from their original core business? Is this an (antitrust) problem?

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1. Alain Ronzano, Competition policy : Dutch, German and French governments adopt a common position calling for tightening of the Digital Markets Act on the largest platforms and for better coordination with competition rules, 27 May 2021, Concurrences N° 2-2021, Art. N° 101002

2. Ania Thiemann, Antonio Neto, Barriers to entry in the digital market: An overview of EU and national case law, 12 May 2021, e-Competitions Barriers to entry in the digital market, Art. N° 100184

3. Concurrences Webinar - Innovation Economics Conference for Antitrust Lawyers #4 "Platforms: The Envelopment Strategy" & Closing speech, 6 July 2020

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

In the first episode of this series, Samantha Mobley (Partner, Baker McKenzie) is interviewing Angelika Milger (Counsel - Division VB1, Federal Ministry for Economic Affairs and Energy) and Anahita Thoms (Partner, Baker Mckenzie) on Foreign Investments Screening in Germany.

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1. Peter D. Camesasca, Horst Henschen, Martin Juhasz, Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within Europe, November 2020, Concurrences N° 4-2020, Art. N° 96871, pp. 268-272

2. Michael Masling, Christian Leeder, The German Government further aligns its foreign direct investment screening regime with the EU regulation, 28 October 2020, e-Competitions November 2020, Art. N° 98039

3. Michael Masling, Christian Leeder, The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG), 17 July 2020, e-Competitions July 2020, Art. N° 95842

This podcast series has received unrestricted financial support from Baker MacKenzie. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of their institution/company.

In this episode of the Podcast Series "Antitrust Code by Concurrences", Marco Iansiti (David Sarnoff Professor of Business Administration and Co-director of the Laboratory for Information Science at Harvard Business School) is being interviewed on assessing the strength of network effects in social network platforms.

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1. US Federal Trade Commission, The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals, and prohibiting the imposition of anti-competitive conditions on software developers (Facebook), 9 December 2020, e-Competitions December 2020, Art. N° 98311

2. Concurrences Webinar - Tipping in digital platform markets, 21 September 2020

This podcast series has received unrestricted financial support from Meta. The opinions and judgments expressed by the speakers are entirely their own and do not necessarily reflect those of Meta, Inc.

Suivez-nous sur Bluesky et rejoignez la page Concurrences sur Linkedin afin de rester informé.e de nos prochains podcasts.

Si vous souhaitez en savoir plus sur ce sujet, vous pouvez accéder aux documents Concurrences suivants. Si vous n'avez pas accès à ces documents, veuillez souscrire à un Abonnement.

1. Robbert Snelders, Conor Opdebeeck-Wilson, Cartel settlements : An overview of EU and national case law, 17 juin 2021, e-Competitions Cartel settlements, Art. N° 99701

2. Fatma El-Zahraa Adel, EU Cartel Law and Economics, Cédric ARGENTON, Damien GERADIN and Andreas STEPHAN, Mai 2021, Concurrences N° 2-2021, Art. N° 100235, pp. 263-264

3. Wébinaire Concurrences : 2nd Cartels workshop #1 Opening speech & substantive issues, 20 Janvier 2021

In this episode of the Podcast Series "Antitrust Code by Concurrences", Fayrouze Masmi-Dazi (Partner, Frieh Associés) discusses the Commission's proposal, the role of gatekeeper and the recent developments in France, UK and Germany.

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If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription.

1. Heike Schweitzer, Frederik Gutmann, Unilateral Practices in the digital market: An overview of EU and national case law, 15 July 2021, e-Competitions Unilateral practices in the digital market, Art. N° 101045

2. Concurrences Webinar - Will a one-size-fits-all digital markets act deliver for consumers?, 11 May 2021

3. Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio, DMA/DSA: Has Europe really given itself the means to achieve its ambitions?, May 2021, Concurrences N° 2-2021, Art. N° 100023

4. Alexandre de Streel, Pierre Larouche, The European Digital Markets Act proposal: How to improve a regulatory revolution, May 2021, Concurrences N° 2-2021, Art. N° 100432, pp. 46-63