Presenting this morning #7thBiennial on Growing Market Power and Concentration #CCIER #GlobalConference #Economy #Law #PolicyMakers Slides 👇

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More from @CompetitionProf

17 Nov
Sharing my prelim analysis of the main points of law raised by last week's Google Shopping judgment of @EUCourtPress Not my final word. Image
The General Court approached the case as in Intel v EC, trying to clarify the law Image
The Court buried to the ground the theory of a transversal Bronner threshold in abuse cases. Image
Read 12 tweets
15 Nov
I mean every hyperbolic word here => latest convo of @LeConcurrential w/ Bill Kovacic is gold mine of antitrust wisdom leconcurrentialiste.com/a-conversation… 1/n
The requirements of practice makes antitrust laws converge toward rebuttable presumptions, quasi rules, and structured standards 2/n Image
Use of per se rules moves away discussion from economic analytics => legal classification issues, as seen in early Sherman Act cases. Equally facts intensive, and costly for plaintiffs 3/n Image
Read 6 tweets
2 Jun
Long thread w/ color commentary of IMCO amendments to draft #DMA. I focus on what struck eye, leaving aside the small stuff 1/n
Tightening of clause allowing presumptive gatekeeper to escape designation => “exceptional circumstances” and “compelling” evidence 2/n
National authorities also to receive information on gatekeepers acquisitions 3/n
Read 37 tweets
1 Jun
Short thread w/ provisional thoughts on draft EU #AI regulation following gr8 Roma Tre/@EUI_EU/@PoliTOnews seminar yest 1/N
2/N
3/N
Read 4 tweets
16 Oct 20
Quick thread on the Opinion of the AG in Deutsche Telekom and Slovak Telekom (DT & ST) v Commission (C-152 and 165/19 P) curia.europa.eu/juris/document… For antitrust geeks only 1/n Image
The Opinion asks whether a firm w/o an indispensable infrastructure can nonetheless abuse a dominant position by way of margin squeeze. 2/n
To this normative question, the AG answers positively. I beg to differ. Note: my disagreement is with the AG’s reasoning, not about the outcome of this case or others. 3/n
Read 22 tweets
11 Sep 20
@randypicker discussion of static monopolization in #Fortnite v Apple displays substantial parallels with the problems faced by antitrust towards tacit collusion 1/n
That is: should antitrust law deem unlawful business coordination without an explicit act of collusion? 2/n
Or put differently, should antitrust law affirm liability towards firms that have not sinned by commission, but which occupy a market that has evolved into a monopoly or tight oligopoly? 3/n
Read 13 tweets

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