Tag Archives: Antitrust

Markets in Crisis: the stress test for competition law – CLaSF Workshop

Call for Papers

XXXIXth CLaSF Workshop on

Markets in Crisis: the stress test for competition law

Friday 21 April 2023

Centre for Social Sciences, Institute for Legal Studies, Hungarian Academy of Sciences Centre of Excellence, Budapest, Hungary

“The golden age of competition” seems to be over as the limits of markets and the need for state action are increasingly underlined. People’s trust in free markets’ transformative power has radically declined and the idea of market mechanism as a solution to social, political and economic problems lost its force. The force of competition laws and their enforcement has been heavily criticised as governments’ firm commitment to market competition as a core element of their neoliberal economic agenda brought the decline of competition and the rise of corporate power in large swaths of the economy. State-coordinated models of the market economy have gained followers – for both economic and political reasons – in countries which before had embraced the idea of private ownership and competitive markets.

From the moment the Great Recession of 2008 hit the global economy, the neoliberal order began to crumble and the years that followed brought multiple crises related to our climate, growing corporate and political concentration, wealth and social inequalities, health, food and energy insecurity. A global food and fuel crisis is driven by the Russian invasion of Ukraine. This chain of crises has not only undermined the legitimacy of neoliberal economic policies and the market-based social order, but also requires reflection on how the role of competition law and policy should be redefined and reoriented in times of consecutive crises. Increasing reliance on the state in markets and the emergence of new forms of state ownership and control presses to rethink the role and functions of the state and call for alternatives that seek to ‘bring the state back in’, notably by (re)structuring markets through new regulatory instruments and forms of industrial policy.

These developments raise the question of how competition law and its enforcement can respond to such multiple crises. How had the substantive and procedural rules of competition law been or should have been adapted in times of market crises? What is the role of competition authorities in enforcing and implementing competition law in a wider context of social and political challenges? How should they redefine their priorities against ongoing budget cuts and increasing pressure to respond to these crises’ situations? Has the idea of ‘political security’ gained the upper hand in national economies over ideals of the free market and competition?

Against this background the Competition Law Scholars Forum (CLaSF) XXXIXth workshop invites contributions (abstract paper proposals from researchers, scholars, practitioners, and policy-makers) in relation to any issue within this wide subject. We welcome theoretical, economics-driven, practice-based, or policy-focused papers, and we are interested in receiving abstracts for papers which may be focused on perspectives or experience at national, regional (e.g. EU), or international levels, or a combination. We are planning a live in-person event only.

The Workshop will consist of a mix of invited speakers and contributions chosen following this call for papers. Any person interested in being considered on the basis of the call for papers at the workshop is asked to contact Professor Barry Rodger at barry.j.rodger@strath.ac.uk. An abstract is required of approximately 500-1,000 words, to be submitted by no later than Monday 30th January 2023, and decisions on successful submissions will be taken by Friday 10th February 2023.

Submission of presentation/draft paper is also required a week prior to the workshop. Papers presented at the conference can be submitted to the Competition Law Review editorial board with a view to being published in the Review. Note that the Review is a fully refereed scholarly law journal: submission does not guarantee publication.

Competition Law and Sustainability

A Competition Law Scholars Forum Workshop
Hosted by the Department of Commercial Law of Universitat de València Estudi General

Friday 23rd September 2022

Salón de Grados del Departamento de Derecho constitucional y Ciencia Política “Tomás Villarroya”

Mandatory prior registration by 16th September 2022 by confirmation with Carmen Rodilla (carmen.rodilla@uv.es)

09:30 – 09:50: Registration

09:50: Welcome, Barry Rodger (CLaSF), Carmen Rodilla (Universitat de València)

10:00 – 10:30 Introductory remarks, Andrés Boix (Universitat de València)

10:30 – 11:15 General Themes on Sustainability and Competition, Chair: Carmen Rodilla
Johannes Persch, University of Mannheim, Department of Law, ‘Competition Law v Sustainability’

11:15-11:45 Coffee Break

11:45-13:00 Mapping the Competition Law and Sustainability Interface, Chair: Francisco Marcos
Teresa Oriani, PhD candidate, EUI, Florence, ‘Synergies, conflicts, redundancies and gaps: Mapping coordination issues in the competition-environment interface’
Klaudia Majcher, Vienna University of Economics and Business, ‘Protecting Personal Data and the Environment: Doctrinal Challenges for EU Competition Law in Our Day and Age’

13:00 – 14:15 LUNCH

14:15 – 15:30 Sustainability and Aspects of EU Competition Enforcement, Chair: Angus MacCulloch
Tuvana Aras, PhD Candidate Leiden University, ‘The Legal Impact of the European Climate Law on Competition Law Enforcers in the European Union’
Beverley Williamson, Competition and Consumer Protection Commission, Ireland, ‘Sustainability and Merger review: a competition Enforcer’s perspective’

15:30 – 16:00 Coffee Break

16:00 – 17:15 Competition Law and wider values, Chair: Barry Rodger
Csongor Istvan Nagy, Department of Private International Law, University of Szeged, ‘Competition law and General Societal Values: the unholy marriage of good and greedy?’
Juan David Gutiérrez & Sebastián Solarte, Universidad del Rosario and PhD candidate at UCLA Institute of the Environment and Sustainability, ‘Can antitrust contribute to save the Amazon? Deforestation and competition law and policy in Bolivia, Brazil, Colombia, Ecuador, and Peru’

17:15-17:45 Closing comments Tomás Arranz Fernández-Bravo, Partner Uría Menéndez

18:00 Drinks

20:00 Speakers’ Dinner

CLaSF Workshop – The Enforcement of Competition Law in Digital Markets

A Competition Law Scholars Forum Workshop

Hosted by the Department of Legal Studies of Università Bocconi of Milan

Friday 22nd April 2022

AS02, Grafton Building, Università Bocconi, Via Roetgen 1

Mandatory prior registration by 15th April 2022. The registration process will be available on Bocconi’s website (https://www.unibocconi.it/wps/wcm/connect/ev/eventi) from 15th March 2022.

PROGRAMME

09:15-09:45 – Registration and coffee

09.45: Introduction: Barry Rodger (CLaSF), Mariateresa Maggiolino (Bocconi University)

09:50-10:50 Market Definition in Digital Markets – Chair: Barry Rodger

Victoria Robertson, Vienna, Vienna University of Economics and Business,
Antitrust Market Definition for Digital Ecosystems

Bhawna Gulati and Sachin Goyal, Indian Competition Commission,
How relevant is the relevant market in digital platform cases?

10:50-11:15 Coffee Break

 11:15-12:15 Digital Markets and Algorithms- Chair: Angus MacCulloch

Valeria Caforio, PHD candidate, Bocconi University,
Algorithmic tacit collusion: a regulatory approach

Isabella Lorenzoni, PHD Candidate, University of Luxembourg,
An “AI whistle-blower” to monitor algorithmic infringements?

 12:15- 13:15 Mergers in Digital Markets – Chair: Federico Ghezzi

Vincenzo Iaia, PHD Candidate Luiss University, Roma,
(Data) mergers in digital markets, green light…red light!?

Muhammad Wicaksono, PHD candidate, Oxford University; Universitas Gadjah Mada,
Integrating Data Privacy-Based Theories of Harm in Antitrust Analysis of Digital Mergers: Lessons from the EU and US Experiences

 

13:15- 14:15 LUNCH

 

14:15- 15:45 Digital Markets, Enforcement/Remedies and the DMA – Chair: Francisco Marcos Fernandez

Juliane Mendelsohn, Technical University Ilmenau,
Digital Bigness – a case for structural remedies in competition and regulatory law

Catalin Rusu, Belle Beems and Johan Van de Gronden, Radboud University Nijmegen,
The Added Value of the DMA’s Enforcement Framework

Laura Zoboli and Giuseppe Colangelo, University of Warsaw and University of Basilicata,
Amazon Buy Box case: the dawn of self-preferencing case law?

 15:45-16:10 Coffee Break

16.10- 17.10 Regulating Digital Markets: Comparative Approaches – Chair: Mariateresa Maggiolino

Magali Eben and Or Brook, Glasgow University and Leeds University,
Regulating Digital Markets in the EU’s Multi-governance System: Between EU and National Competition Laws and Laws pursuing a ‘predominantly’ different objective

Thomas Tombal, Tilburg Law School,
Ensuring contestability and fairness in digital markets through regulation: a comparative analysis of the EU, UK and US approaches

 

17.10-17.15 closing comments

 

17.45 Drinks

 

19.30 Speakers’ Dinner

Workshop – Societal Problems: Antitrust Solutions

Societal Problems: Antitrust Solutions

A Competition Law Scholars Forum Workshop
Hosted by the University of Lisbon Law School, Lisbon

Blended event: Online and In-Person

Friday 17th September 2021

Mandatory prior registration by 10th September 2021 by contacting miguelferro@fd.ulisboa.pt, intimating attendance online or in-person.

Programme

09:15 – 09:45: Registration and coffee

09.45: Introduction: Barry Rodger (CLaSF), Miguel Sousa Ferro (Lisbon Law School)

09.50-10.25 Keynote Speaker, Zoom online
Michelle Meagher: ‘
What Does Antitrust Actually Do? Considering the Unintended Consequences of Antitrust Policy

10.30-11.45 ‘The Environment and Sustainability’ Zoom online session, Chair: tbc

Oles Andriychuk, Strathclyde Law School,
The Concept of Sustainability in EU Competition Law: A Legal Realist Perspective

Ritum Kumar, Atlas Law Partners, New Delhi, India and Divya Swamy, PHD student, RML National Law University, Lucknow, India,
Contouring Sustainability through competition Law: The Need and Means of Policy Divergence

Penny Giosa, Portsmouth Law School and Aras Georgopoulos, Nottingham School of Law,
State Aid and Environmental Protection: The Role of Competitors and Civil Society Organisations

11:45-12:10 Coffee Break

12:10-13:00  Fairness and Discrimination, zoom online session, Chair: tbc

Sachin Goyal, Competition Commission of India (CCI) and Konark Bhandari, Carnegie Endowment for International Peace (CEIP),
Fairness and Public Interest Under Competition Law – How can they Help the Indian Farmer?

Anik Bhaduri, NALSAR University of Law, India and Anupriya Dhonchak, BCL Candidate, Oxford
Gender Wage Discrimination: Antitrust Implications and Remedies

13:00- 14:15 LUNCH

14:15- 15:45 Inequality and Redistribution, In-person session (also live zoom feed) Chair: tbc

Carmen Rodilla, University of Valencia,
Anti-competitive practices in Labour markets and EU competition law

Sandra Marco Colino, Faculty of Law, Chinese University of Hong Kong,
Sustainability, Inequality and Competition Law

Miguel Moura e Silva, Lisbon University Law School,
Can Competition Law avoid issues of Wealth Redistribution?

15:45-16:15 Coffee Break

16:15-17:15 Wider goals, In-person session (also live zoom feed) Chair: tbc

Maciej Bernatt and Marta Sznadjer, Department of European Economic Law, Warsaw University,
The Role of Competition Law in Preserving media Pluralism

Klaudia Majcher, Vienna University of Business and Economics, and Michael Ristaniemi, Brussels School of Governance, Free University of Brussels-VUB,
From Consumer to Citizen Welfare: Imperfect Competition Calls for a Renewed Policy Goal in EU Competition Law

17:15 – Closing comments

17:45 – Drinks Reception, sponsored by Sousa Ferro e Associados

19:30 – Speakers’ Dinner

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Postponed – CLaSF Workshop: The Fundamentals of Competition Law

Draft Programme

The Competition Law Scholars Forum (CLaSF) and Centre for European Legal Studies, Faculty of Law, University of Cambridge

Present a Workshop on

The Fundamentals of Competition Law

at the University of Cambridge, United Kingdom

Keynote Speaker

Prof Ariel Ezrachi, University of Oxford, ‘Competition Overdose’

Competition Policy Fundamental Debates

Stavros Makris, EUI Florence,  ‘Openness and Integrity in Antitrust’

Prof Vinicius Marques De Carvalho & Anna Binotto, University of Sao Paulo, ‘Towards a Political ‘Goals of Antitrust’ Debate’

Dr Adriano Camargo Gomes, University of Sao Paulo, ‘A Weberian Approach To The Fundamentals Of Competition Law’

Dr Beverley Williamson, ‘Doughnut Competition and the Consumer Welfare Standard’

Fundamental Issues in Context

Dr. Mary Catherine Lucey, UCD, ‘Vulnerable Consumers: A Gender Critique Of Competition Law Enforcement’

Dr Damjan Kukovec, Middlesex University, London, ‘Theorizing Inequality And The Role Of Competition Law’

Dr Thibault Schrepel, Utrecht University, ‘Blockchain and the theory of the firm in competition law’

Dr Magali Eben, Glasgow University Law School and Dr Or Brook, Leeds Law School, ‘Article 3 of Regulation 1/2003: Between Eu And National Competition Laws And Laws Pursuing A ‘Predominantly Different Objective’’

Market Power

Richard Tepper, Edinburgh Law School, ‘The Unholy Grail: The Systemic Role Of Market Power In Competition Law And Its Weaknesses’

Jan Kupčík, Masaryk University, Brno, Czech Republic, ‘Market Shares Presumptions In Eu Competition Law: A Need For A Rethink?’

Stephen Dnes, NCH, London, ‘Efficiency Modelling In Competition Law: Whether To Do It And If So How?’

Xingyu Yan, Zhejiang University, China, ‘Economies Of Scale: Towards A More Coherent Understanding Of Special Responsibility And Competition On The Merits Under Article 102 TFEU’

Anti-Competitive Agreements

Dr Francisco Costa-Cabral, Tilburg Law and Economics Center (TILEC), ‘Collusion’

Dr Elias Deutscher, UEA Law School, ‘Revisiting The Political Economy Of Vertical Restraints’

Fundamental Concepts; ‘By Object’

Angus Macculloch (Lancaster University) ‘The ‘Public’ Wrong Of Cartels And The Article 101 TFEU ‘Object Box’’

Csongor István Nagy (University of Szeged) ‘EU Competition Law Devours Its Children: The Proliferation Of Anticompetitive Object And The Problem Of False Positives’

Andriani Kalintiri, (Dickson Poon School of Law) ‘Sense And Sensibility: The ‘Legal And Economic Context’ In EU Antitrust Analysis’

Heidi Sander Løjmand, (University of South Denmark) and Albert Sanchez-Graells (University of Bristol Law School) ‘Joint Tendering For Public Contracts As A ‘By Object’ Anticompetitive Practice: Revisiting The Fundamentals of a Very Fishy Analysis’

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CLaSF Workshop: The Courts & Competition Law – Draft Programme

Draft Programme

The Competition Law Scholars Forum (CLaSF) and The School of Law, University College Cork 

present the programme for a workshop on

 The Courts & Competition Law

 at University College Cork, Ireland on Thursday 5 September 2019.

Moot Court Room, School of Law, Aras na Laoi

Mandatory prior registration by  2nd September 2019 at Declan.Walsh@ucc.ie

Programme

09:30 – 09:50 – Registration and coffee

09:50 – Introduction: Barry Rodger (CLaSF), Mark Poustie (Dean of Law, UCC)

10:00 – 10:45 Keynote Speaker – tbc

 

10:45 – 11:00 Coffee

 

11:00 – 12:00 – The EU Context and Private Enforcement, chair: tbc

Charlotte Leskinen, Striking a Balance between Public and Private Enforcement – the Impact of the Case Law of the Court of Justice, IE University

Alexandru Gabriel Soptica-Vid, CJEU case law developments and current issues in allocating jurisdiction in cross-border EU competition law damages actions, UCD

 

12:00 – 13:30 – National Experiences, chair: tbc

Barry Rodger, Competition Law Private Enforcement: driven by EU institutions, Principles and Instruments or National Mechanisms? An analysis of aspects of Key Themes in Recent  UK Case-law; University of Strathclyde

Rita Griguolaite, Is there any room left for purely domestic situations? The analysis of EU competition law application by Lithuanian Supreme Administrative Court in antitrust cases where no Art 101/102 TFEU infringement found, Motieka, Vilnius

Paul Gorecki, The Courts & Competition Law: The Irish Experience, Trinity College Dublin

 

13:30 – 14:45 LUNCH

 

14:45 – 15:45  The Courts and Procedural Issues, chair: tbc

Helene Andersson, Accessing Evidence of Competition Law Infringements through National Courts – A Mission Impossible?, Stockholm University

Haukur Logi Karlsson, Courts and the political mode of deciding, compensating for undue procedural delays in EU’s competition procedure, Reykjavik University

 

15:45-16:00 Coffee

 

16:00 – 17:00  Review of Competition Authority decision-making, chair: tbc

Francisco Marcos, The judicial challenge of the fines imposed by Competition Authorities in Spain: An empirical analysis; IE University

Vincent Power, When does the court of justice of the European Union disagree with the merger decisions of the European Commission?; A & L Goodbody, Dublin

 

17:00 – 17:15 Closing remarks: Declan Walsh (UCC), Barry Rodger (CLaSF)

 

17:45 Drinks Reception at The Kiln, Lady’s Well Brewery, Leitrim St, Cork, kindly hosted by Heineken Ireland

 

19:30 Speakers Dinner, Venue TBC, kindly sponsored by A&L Goodbody Solicitors

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CLaSF Workshop on The International Dimension of Competition Law: EU, Brexit and Beyond …

The Competition Law Scholars Forum (CLaSF) and
The Interdisciplinary Centre for Competition Law and Policy

QMU School of Law

Present a Workshop  on:

The International Dimension of Competition Law: EU, Brexit and Beyond …

at Queen Mary University of London on Thursday, 25 April 2019

School of Law, 339 Mile End Road, London. E1 4NS

Mandatory prior registration by  14th April 2019 via icc@qmul.ac.uk

Programme

09:30 – 09:50 Registration

09:50 Introduction: Barry Rodger (CLaSF),  Eyad Maher Dabbah (ICC)

10:00 – 11:30 Brexit and UK Competition Law, Chair: Angus MacCulloch

Eyad Maher M Dabbah, Brexit and Competition Law: the future relationship between the UK and EU competition law regimes, ICC, QMUL

Barry Rodger, UK Competition Law Enforcement Post-Brexit: Parallel or Subsidiary to EU Law Enforcement?, Strathclyde University

David Little, A “Deep And Special Partnership”? Risks of Misalignment In UK And EU Merger Control  Post-Brexit, Cleary Gottlieb Steen & Hamilton LLP

 

11:30-11:45 Coffee

 

11:45 – 13:00  Brexit and Private Enforcement, Chair: Barry Rodger

Annalies Outhuijse, The Netherlands, the new cartel claim paradise after Brexit?, University of Groningen

Konrad Zawodziński, Antitrust compliance and private enforcement of competition law – at the crossroads of disappearing EU law effet utile and supremacy principles, Koźmiński University

 

13:00 – 14:15 LUNCH

 

14:15 – 15:30  Supra-National Competition Law Enforcement, Chair: Maria Ioannidou

Viktoria Robertson, The ECN+ Directive: Strengthening the Pillars of the European Competition Network’s Architecture, University of Graz

Francisco Marcos, Towards a Supranational Competition Policy in Central America, IE, Madrid

 

15:30 – 15:45 Coffee Break

 

15:45 – 17:00  Competition Law and Trade Policy, Chair: Francisco Marcos

Kalpana Tyagi, China’s (Ab-) use of Competition & IPRs to pursue the Industrial Policy Objectives: Does the WTO (really) have all the answers?, University of Arhus

Galyna Kostiukevych, Competition provisions in preferential trade agreements and their impact on anticompetitive conduct within global supply chains: the EU perspective, EUI

 

17:00 – 17:30 Closing Speaker – Colin Raftery, Senior Director of Mergers, CMA

 

17:30 Closing remarks: Maria Ioannidou (ICC), Barry Rodger (CLaSF)

 

17.45 Drinks, followed by speakers’ dinner, at Morgan Arms, 43 Morgan Street, Bow.

CLaSF Workshop Programme Published

The Competition Law Scholars Forum are delighted to publish the Draft Programme for their 25 April 2019 Workshop on ‘The International dimension of Competition Law: EU, Brexit and beyond …’ at QMU Law School in London.

The full Programme of speakers and details regarding Registration can be found on the Workshop Event Page.