Antitrust Enforcement in Europe after Intel and Cartes Bancaires
A kind of Trouble to Enjoy
The Florence Competition Programme (FCP) and Assonime are jointly organising a workshop. The event aims to gather academics, practitioners, officials from National Competition Authorities (NCAs) and industry representatives to discuss the consequences of the rulings of the Court of Justice of the European Union (CJEU) in Cartes Bancaires and in Intel on competition law enforcement in EU Member States.
During the last decade, the pros and cons of an impact-based approach compared to a form-based approach in the application of Articles 101 and 102 TFEU have been one of the major topics of debate in EU competition law. For the application of Article 101 TFEU, an analysis based on the actual or potential impact on the market is now arguably the rule. In Cartes Bancaires, in fact, the CJEU has clarified that the concept of restriction of competition by object must be interpreted restrictively and that the economic and legal context has to be assessed before classifying an agreement as restrictive by object.
As to Article 102 TFEU, since the publication of the European Commission Guidance Paper on exclusionary practices in 2009, different views have emerged both within the Commission and the CJEU on whether an evolution of the criteria of traditional case-law towards a more effect-based approach was really needed. Concerns have been expressed in terms of loss of legal certainty. In the recent Intel ruling, the CJEU has indicated a way forward, clarifying that an impact-based approach to the protection of competition still allows to consider presumptively abusive some well circumscribed types of conduct, provided that due consideration is always given to the relevant economic context and the parties may prove that the conduct does not have an anticompetitive impact.
Both Cartes Bancaires and Intel might lead to radical changes for national courts and National Competition Authorities (NCAs). At the national level, in fact, some authorities have welcomed the more economic approach, while others have been traditionally reluctant to introduce a more effect- based analysis.
The workshop aims to discuss the consequences of these landmark rulings on national competition law enforcement. First, the workshop will assess to what extent Intel leads to a change in the pattern of enforcement vis-à-vis rebates at the national level. Secondly, the workshop will analyse the consequences of Cartes Bancaires on the assessment of vertical agreements. Finally, the last session will be devoted to a discussion among practising lawyers and economists on what the assessment of the economic and legal context implies for the application of Articles 101 and 102 in practice.
See here the policy brief, summarising the main points raised at the workshop.
The participation fee is 250€.
The conference fee can be waived for academics, officials from NCAs as well as firms sponsoring either FCP or Assonime.
Representatives of Assonime and FCP Donors may be invited to speak at the event.
For further information on how to become a Donor of Florence Competition Programme please have a look here.
Pictures of the event. See more here.
List of confirmed Speakers
Pier Luigi Parcu is part-time Professor at the Robert Schuman Centre for Advanced Studies of the European University Institute (EUI). Currently he is Director of the Florence Competition Programme in Law & Economics (FCP), of the FSR Communications & Media (FSR C&M) and of the Centre for Media Pluralism and Media Freedom (CMPF). He is also Chairman of a consultancy company specialized in antitrust and regulatory issues of network industries. From 2000 to 2003, he has been CEO of the Independent System Operator running the Italian Electricity Grid (GRTN).
From 1991 to 2000 he was the Director of Investigation at the Italian Competition Authority (AGCM) in charge of several regulated sectors. Previously, he served as Chief Economist at the Italian Security and Exchange Commission (CONSOB) and as Economist at the International Monetary Fund (IMF). He holds a Ph.D. in Economics from the University of California at Los Angeles (UCLA). His research in the area of industrial organization and law and economics focuses on the interaction between regulation and antitrust in shaping firms' behaviour in network industries.
Ginevra Bruzzone is an economist specialized in competition law. Currently, she is Deputy Director General of Assonime, in Rome. Assonime is a private think tank active in corporate law, tax law, competition law and regulatory policies. At Assonime, which she joined in December 2000, she is in charge of EU and Italian competition law, consumer protection, IP law, regulation and the digital agenda.
Ginevra teaches EU Competition Policy at the Master on European Economic Governance of the School of European Political Economy (SEP), LUISS University, Rome. She has published extensively in the field of law and economics, in national and international publications.
She is Senior Fellow at the School of European Political Economy (SEP), LUISS, and member of the Advisory Board of the Italian Transport Regulation Authority, of the Advisory Committee of the 4iP Council and of the Steering Council of the Italian Section of the ICC (International Chamber of Commerce).
Svend Albæk is Deputy Chief Economist in the European Commission’s Competition Directorate-General. He joined the Commission in 1998, working first for two years in the unit in the Industry Directorate-General dealing with industrial aspects of competition policy before moving to the Merger Task Force in DG Competition in 2000. In the MTF he was involved in several Phase II merger investigations, coordinated the MTF’s Centre for Excellence in Economics, and was a main author of the Commission’s horizontal merger guidelines. He then moved to the Antitrust Policy and Strategic Support Unit where he worked on the Commission’s Article 82 Review until joining the Chief Economist Team in 2007. In the CET Svend has worked on merger and antitrust cases as well as the revision of the horizontal agreements guidelines. Presently he coordinates the work of the CET in the field of antitrust. From 1992 to 1997 Svend was associate professor of economics at the University of Copenhagen, where he taught industrial economics. He has done research at University of Aarhus, UCLA, the European University Institute and Tilburg University, and published articles in Journal of Industrial Economics, Journal of Economics and Management Strategy, International Journal of Industrial Organization, Scandinavian Journal of Economics, European Competition Law Review, Antitrust Bulletin, Review of Industrial Organization, Journal of Competition Law and Economics, and other international journals.
Dr. Pinar Bagci has 20 years of experience advising on the economics of competition, regulation and damages assessment. She has provided economic analysis for clients throughout in-depth competition and regulatory investigations and in commercial litigation and international arbitrations.
Dr. Bagci has advised Europe’s leading financial institutions and energy, mining, telecommunications and electronics companies throughout in-depth merger, cartel, dominance, State Aid and market investigations by the European Commission and national regulatory authorities. She has submitted expert economic analysis and testimony in international arbitration and litigation proceedings brought before European courts and the European Court of Justice.
In litigation matters, Dr Bagci has prepared expert economist testimony for national courts and international arbitration tribunals in relation to the estimation of damages in the financial, energy, consumer electronics and mining sectors. She is currently advising a leading investment bank throughout an EC investigation of alleged collusion to manipulate forex benchmarks. She recently provided economic analysis on competition issues in one of the largest damages claims brought before an international tribunal concerning vertical restraints and abuse of dominance in gas supply and transit contracts.
Jean-François Bellis is a founding partner of Van Bael & Bellis. Before setting up the firm in 1986, he clerked for Lord Mackenzie Stuart, the British judge at the European Court of Justice, and was a partner in the European law department of a major Brussels law firm. Jean-François has several decades of experience in competition and trade law, representing clients in numerous cases before the European Commission and the EU Courts.
Jean-François assists clients on all aspects of competition law with particular expertise in cartels, abuses of dominance and merger control. He has acted in landmark competition case including United Brands, Woodpulp, Michelin I and II, Microsoft and Intel.
In 2014, Jean-François was honoured by Chambers & Partners for his “Outstanding Contribution to the Legal Profession”.
Previously, in 2011, the Global Competition Review (GCR) granted him a “Lifetime Achievement Award” in recognition of his longstanding experience in competition law. He has also been named by Best Lawyers as a “Lawyer of the Year” for 2010, 2013, 2014 and 2015.
Jean-François Bellis has written numerous books and articles on competition and trade law and regularly speaks on both of these subjects at international conferences and seminars.
Antonio Buttà is the Chief Economist of the Italian Competition Authority. He has more than 15 years of experience working as a professional economist for private consultancies and public institutions. Dr. Buttà has provided economic advice on competition policy and regulation to leading international companies and institutions. He has also worked for regulatory and competition authorities in the UK (Ofcom) and in Italy (Agcm and Agcom), where he was responsible for the economic analysis undertaken in a variety of projects and managed high-profile antitrust investigations and market studies. Prior to his current position, he acted as economic advisor to the Chairman of the Italian Competition Authority. He has extensive experience in teaching university courses and in providing training to public officials on the use of economic analysis in competition law cases and regulation. Dr. Buttà holds a PhD in Economics from the London School of Economics, an Italian Doctorate in Public Economics and an MSc in Economics with distinction from University College London.
Avantika specialises in competition policy and litigation. She has provided economic advice to companies in relation to mergers, horizontal and vertical agreements, and abuse of dominance, including in the context of private litigation and investigations by the European Commission and other competition authorities in Europe and beyond. She has worked on these issues across a broad range of sectors. Avantika has particular expertise in issues involving intellectual property rights, having been involved in the leading cases on the IP/antitrust interface such as patent settlements in the pharmaceutical sector and standard-essential patent licensing. She is also an expert in damages quantification and has advised both claimants and defendants in cases arising from cartels, exclusionary conduct and patent infringements. Her clients include AstraZeneca, Dyson, Nokia, Nationwide Airlines, RWE, Skyscanner, Sandoz and Tesla.
Avantika is listed in the International Who’s Who of Competition Lawyers & Economists Future Leaders and in ‘30 in their 30s’ Notable Women Competition Professionals. She is regularly involved in economics courses for EU judges and competition authorities across the globe
Alberto Heimler is professor of economics at the Italian School of Government. He is the Chairman of the Working Party on Competition and Regulation of the Competition Committee of the Organization of Economic Cooperation and Development (OECD). He was director for research at the Italian Antirust Authority, a member of the Steering Group of the International Competition Network (ICN) and co-chair of a number of ICN working groups. His academic articles on antitrust enforcement, economic regulation and public procurement have appeared in the leading journals of the field. Professor Heimler is the co-coordinator of the procurement programs at the Italian School of Government and lectures frequently on antitrust, economic regulation, public procurement both in Italy and abroad
Pablo Ibáñez Colomo is Associate Professor of Law at the London School of Economics and Political Science. He received a Ph.D. from the European University Institute in June 2010 (Jacques Lassier Prize). Before joining the EUI as a Researcher in 2007, he taught for three years at the Law Department of the College of Europe (Bruges), where he also took an LL.M. in 2004. In 2008, Pablo spent six months as a TTLF fellow at Stanford Law School. He has been invited as a guest lecturer at several institutions.
Federico is head of the Italian EU&Competition department of Bird&Bird. After working as a legal officer at the Italian Communications Authority (AGCOM), over the last 10 years in the private practice he has built a strong reputation for supporting clients with antitrust and regulatory issues.
Named “2005 Young administrative lawyer of the year” by the Italian Administrative Lawyers Association (SIAA), Federico was listed as a RAS expert by The World Bank (Antitrust Law). He has lectured on Antitrust&TMT Law in various universities (Italian National School of Public Administration; University of Bologna; University of Naples; Università Europea di Roma, Luiss University; Lumsa University), and he is a member of the experts committee of the @LawLab at Luiss University.
He regularly publishes on Antitrust and TMT Law in leading international law journals and his textbook on e-Communications Law is adopted as a reference book at the University of Bologna.
Federico received a LL.M. from the University of Cambridge (Trinity College) and a Ph.D. in regulatory science from the University of Rome LUMSA.
Enzo is responsible for the EU Antitrust & Competition practice at Portolano Cavallo. Over his fifteen year career, Enzo has assisted national and multinational companies in some of the most complex antitrust cases on matters of merger control, anti-competitive agreements, abuse of dominance and private antitrust litigation, acting for the clients before the Commission, the AGCM and EU and national courts. He has particular experience in advising on vertical agreements and selective distribution, having set up selective systems for leading fashion houses and luxury firms, and on competition and regulatory matters in the digital and media industry. He’s currently advising leading multinationals in handling and litigating refusal-to-deal situations and FRAND obligations. Further, Enzo is advising large corporations on a complex gun-jumping situation and in a controversy with competitors on the negotiation and implementation of divestment remedies. Enzo has gained top-notch expertise in private antitrust litigation by assisting a multinational company in successfully settling group antitrust damage claims resulting from a complex 20-year global cartel scheme. Before joining Portolano Cavallo at the end of 2016, Enzo worked with premiere national and international law firms in Brussels and Milan. He regularly speaks at international conferences and authors articles and publications on the most important national and international sectoral magazines and legal journals in the field of competition law, focusing particularly in the digital and media sector.
Giorgio Monti joined the EUI in 2010, where he holds the Chair in Competition Law, and is presently Head of Department. He writes on all aspects of competition law, with a particular interest in the aims pursued by antitrust enforcement; his book "EC Competition Law" (2007, second edition in preparation) places antitrust enforcement in its economic, institutional and policy context to explain how the law evolves. He has taught competition law at all levels, from undergraduates to industry professionals and also to judges and civil servants. He is a Non-Governmental Adviser to the International Competition Network, and member of the editorial board for Concorrenza e Mercato.
Teresa Moreira, Head, Competition and Consumer Policies Branch of UNCTAD - United Nations Conference on Trade and Development since 5 October 2016, previously served as Consumer Director-General of Portugal from January 2010 to September 2016 and as a Member of the Board of the Portuguese Competition Authority (March 2003/March 2008) when it was first established. She also served as Portugal's Director-General and Deputy Director General for International Economic Relations, and held senior positions at the former Directorate-General for Competition. She worked for 20 years as a Teaching Assistant at the Faculty of Law, University of Lisbon in the areas of International Economic Law and European Law as well as of European Competition Law and European Economic Law (graduate studies).
Teresa Moreira holds a Law Degree and a Master Degree in European Law (European Competition Law) by the Faculty of Law, University of Lisbon, Portugal.
Robert O'Donoghue QC has extensive experience of competition law, EU law, utility regulation, and related aspects of commercial and public law. Clients include British Airways, Google, Glencore, Telefónica, ASDA, Samsung, and Pfizer, as well as competition authorities and sectoral regulators in the UK and elsewhere. He has appeared in major cases in the High Court, Competition Appeal Tribunal, Court of Appeal, Supreme Court, EU Courts, Irish courts, international arbitral bodies, and in oral hearings before competition authorities and sectoral regulators in these matters. Robert has consistently appeared as a leading barrister in legal directories such as Chambers and Partners, Legal 500 and Who’s Who Legal. He is a recognised expert on abuse of dominance having written a leading book in this area (The Law And Economics of Article 102 TFEU). He has acted in several leading abuse of dominance cases under EU and UK law and is currently giving expert evidence on abuse of dominance in proceedings in Canada, Israel, and Sweden.
Alberto Pera is Honorary Partner and founder of the Competition and Regulation Department at Gianni, Origoni, Grippo, Cappelli & Partners, which he joined in November 2000. Since then, he has been involved in the most important merger and restrictive agreements proceedings concerning Italian businesses, both in Italy and at the Commission level.
Since July, 2017 he is Chairman of the Associazione Antitrust Italiana, the association of Italian Antitrust experts, He is a Non-Governmental Advisor in the International Competition Network. He has been appointed to various government panels concerning competition policy and regulation. He is listed in the International Who’s Who of Competition Lawyers and Economists and is highly recommended as a competition expert by all major legal directories.
From 1990 to July 2000 he was Secretary General of the Italian Competition Authority, managing all the Authority’s offices and main functions. He represented the Authority before domestic and international institutions, in particular in the Antitrust Director Generals’ meetings of the EU Member States and was involved in drafting Community and national competition policies and regulations.
A former officer of the International Monetary Fund, from 1987 to 1990 he was a consultant to various Ministers of Industry on competition and regulatory issues. He participated in the drafting of the EC Merger Regulation as a representative of the Italian Government.
Alberto holds degrees in both Law and in Economics, as well as a Master in Economics awarded by the London School of Economics. He has taught economics, competition and regulatory law in a number of Italian universities. He is also an independent member of the Board of Directors at ENEL S.p.A. and Chairman of the Board of Directors of Banca Apulia S.p.A.
In 2005 he advised the European Commission and the Chinese Ministry of Economy in their joint programme aimed at the drafting of the (brand new) Chinese Competition Act.
He has authored three books and a large number of articles dealing with competition law and policy, privatization and regulation. On these topics he is a consultant to ASSONIME (Italian Association of Private Corporations) Alberto is a frequent speaker at conferences and seminars, and member of the editorial board of the European Competition Journal and of Concorrenza e Mercato.
He is a member of the Italian Bar.
Andrea Pezzoli is Director General for Competition of the Italian Competition Authority, where he has worked since 1993 as Head of the Investigative Directorate “Food, Pharmaceutical and Transport” and as Chief Economist. Previously he was a senior economist of the Research Department of Istituto Mobiliare Italiano (1981-86) and Head of the Industrial Policy Unit of the Centro Europeo Ricerche (1986-93).
He teaches Competition Issues at the University of Tor Vergata and at Luiss University in Rome. Author of several articles in the field of Competition Policy and Industrial Economics.
He is the co-author with Lapo Berti of Le stagioni dell'antitrust: dalla tutela della concorrenza alla tutela del consumatore, UBE, 2010. More recently he wrote “Originators vs Originators: Competition Before the Market and Market Power Beyond Dominance” in G. Muscolo and G. Pitruzzella (eds), Competition and Patent Law in the Pharmaceutical Sector, Wolters Kluwer, 2016; “Il risarcimento del danno antitrust, tra diritto ed economia: brevi note di commento alla sentenza della Corte di Cassazione, sez. I, del 23 marzo 2016, n. 5763”, Giustizia Civile, October 2016. (with Paolo Cassinis); “Big Data e antitrust: un’occasione per tornare ad occuparci di struttura?” in Falce, V. Ghidini, G. e Olivieri, G. (eds.) “Informazione e Big Data tra Innovazione e Concorrenza”, Giuffrè, 2017; “Private e Public enforcement: c’è Danno e Danno”, Analisi Giuridica dell’Economia, vol. 2/2017 (with G. Sepe).
Mario Siragusa is Visiting Professor at the College of Europe in Bruges, European Legal Studies Department. Siragusa is partner at Cleary Gottlieb Steen & Hamilton LLP, based in the Rome office. Siragusa’s practice focuses on corporate and commercial matters, particularly European community and Italian competition law. Siragusa has extensive experience representing clients before the European Court of Justice, the Court of First Instance of the European Communities, the Directorate General for Competition of the EC Commission, and the Italian Antitrust Authority. He is a distinguished as a leading Competition/Antitrust lawyer by Chambers and Partners Global – The World’s Leading Lawyers. He has widely published in U.S. and European publications. He received an LL.M. degree from Harvard Law School, a Diploma of High European Studies from the College of Europe in Belgium, and a J.D. degree, magna cum laude, from the Università degli Studi di Roma. Mario Siragusa is member of the Italian Bar in Rome and the Commission on Law and Practices relating to Competition of the International Chamber of Commerce in Paris.
HOW TO REACH US
Please keep in mind when booking your tickets that Florence is also well connected to Pisa and Bologna airports.
Pisa is 80 km away and it served by both trains (1h15) and buses (50 minutes)
Bologna is 100 km away and it is served by high speed trains - Trenitalia or Italo (30 minutes from Bologna central station to Florence main station of Santa Maria Novella). From the airport to Bologna train station about 30 minutes by bus.