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Self-Preferencing: Yet Another Epithet in Need of Limiting Principles

Dates:
  • Fri 16 Oct 2020 13.00 - 14.30
  Add to Calendar 2020-10-16 13:00 2020-10-16 14:30 Europe/Paris Self-Preferencing: Yet Another Epithet in Need of Limiting Principles

The Competition Law Working Group is a forum where EUI members and external researchers working on antitrust law and economics issues present and discuss their research and interact with other scholars. All interested fellows, Ph.D. researchers, professors and visiting academics are invited to participate.

Self-preferencing is central to contemporary competition law discussions, in particular in digital markets. The paper that we will discuss on Friday considers the meaning and scope of the label. It shows, first, that favoring an affiliate is, in itself, an expression of competition on the merits. Such conduct is typically linked to the very pro-competitive benefits that are expected from horizontal and vertical integration. Second, self-preferencing is not a sound category, whether from a legal or an economic perspective. It potentially applies to conduct that differs widely in its nature, purpose and effects. The scope of the category would range from traditional instances of tying, on the one hand; to cases that would demand a competition authority to interfere with the design of a product and/or a firm's business model, on the other.

Against this background, the use of self-preferencing as a category would require addressing some issues of principle. In the first place, it seems particularly necessary to ponder the substantive and institutional implications of abandoning indispensability as a filter limiting the exposure of the system to proactive intervention. In the second place, the need to preserve a robust assessment of effects comes across as particularly important.

Pablo Ibáñez Colomo holds a Chair in Law at the London School of Economics and is Visiting Professor of Law at the College of Europe (Bruges). 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. 

The event will be held via Zoom. All are welcome to attend.

 

To register, please e-mail [email protected]

The Competition Law Working Group Team

 

Outside EUI premises - DD/MM/YYYY
  Outside EUI premises -

The Competition Law Working Group is a forum where EUI members and external researchers working on antitrust law and economics issues present and discuss their research and interact with other scholars. All interested fellows, Ph.D. researchers, professors and visiting academics are invited to participate.

Self-preferencing is central to contemporary competition law discussions, in particular in digital markets. The paper that we will discuss on Friday considers the meaning and scope of the label. It shows, first, that favoring an affiliate is, in itself, an expression of competition on the merits. Such conduct is typically linked to the very pro-competitive benefits that are expected from horizontal and vertical integration. Second, self-preferencing is not a sound category, whether from a legal or an economic perspective. It potentially applies to conduct that differs widely in its nature, purpose and effects. The scope of the category would range from traditional instances of tying, on the one hand; to cases that would demand a competition authority to interfere with the design of a product and/or a firm's business model, on the other.

Against this background, the use of self-preferencing as a category would require addressing some issues of principle. In the first place, it seems particularly necessary to ponder the substantive and institutional implications of abandoning indispensability as a filter limiting the exposure of the system to proactive intervention. In the second place, the need to preserve a robust assessment of effects comes across as particularly important.

Pablo Ibáñez Colomo holds a Chair in Law at the London School of Economics and is Visiting Professor of Law at the College of Europe (Bruges). 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. 

The event will be held via Zoom. All are welcome to attend.

 

To register, please e-mail [email protected]

The Competition Law Working Group Team

 


Location:
Outside EUI premises -

Affiliation:
Department of Law

Type:
Working group

Contact:
Valeria Raso - Send a mail

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