DOCSLIB.ORG

Sappi Group Competition Law Policy

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sappi Group Competition Law Policy Group Competition Law Policy As a multinational company operating and trading in all major countries in the world, Sappi is subject to the competition and antitrust legislation in many jurisdictions. Although country- specific legislation is different in application, the underlying principles of anticompetitive behaviour are similar and the guidelines provided below highlight these behaviours. The consequences to Sappi for not complying with antitrust laws are significant, and non- compliance can result in financially severe fines, reputational harm, private damage claims and potentially criminal penalties being imposed on both the company and its employees. Potential infringements of antitrust laws are the single most important legal risk that Sappi is subject to. Antitrust laws apply not only to specific departments of an organisation (as might be commonly believed) and are also not only applicable to the major business products or areas but apply to all departments and all businesses within the group. It is, therefore, important that all business units and divisions be aware of what constitutes anti-competitive behaviour. The guideline below provides an introduction to what practices are considered anticompetitive and how employees should go about avoiding and reporting such practices should they be identified. The policy Regional legal departments conduct regular The Sappi group holds a policy of strict competition law training or publish competition compliance with all laws applicable to its law updates to employees. Appointed operations worldwide and as such, requires employees are compelled to attend or complete strict compliance with all antitrust legislation. any training provided and failure to do so could Because circumstantial evidence is frequently result in disciplinary action. the basis upon which antitrust liability is found, Sappi also must avoid even the appearance of Sappi might conduct internal ad hoc compliance anticompetitive conduct. investigations or enquiries with any employees should it consider it necessary. Each employee must understand and comply with antitrust laws as they may bear upon his or Conclusion her activities and decisions. It is the It is in the interest of Sappi and its employees to responsibility of regional managers and comply with antitrust laws and employees are supervisors to ensure such compliance. Any therefore obliged to fully understand them or employee found to have participated knowingly consult with the respective legal departments to or negligently in violating antitrust laws will be stay abreast of changes to the applicable rules subject to disciplinary action, and sanctions to ensure full compliance. might include dismissal. …continued overleaf Antitrust law compliance forms part of the Group Legal Compliance Program, and the Group Legal Department will report annually on its findings. This policy is available on sappi.com or on request from: [email protected] Tel +27 (0)11 407 8192 Copyright ©2020 Sappi Limited. All rights reserved. Document no SPOL-003-SL Revision no 4 Revision date 02 November 2020 www.sappi.com Group Competition Law Policy continued Competition law guidelines Vertical agreements Attempting or entering into an explicit or Purpose and use of guidelines implicit understanding with suppliers or These guidelines provide a basic orientation customers to stifle competition by any of the regarding antitrust compliance risks. They are following means: intended to help employees to recognise • Vertical price-fixing that is, where the sensitive situations, problem areas and manufacturer compels its distributor to behaviour that are and might be considered resell the product at a specified price (so- anticompetitive. called resale price maintenance or RPM), is prohibited in virtually all jurisdictions. The Black List – Per se prohibited behaviour Avoid the following practice at all times: The Grey List – Potentially prohibited behaviour Horizontal agreements Agreements with competitors Attempting or actually entering into an explicit In certain circumstances, agreements with or implicit understanding with actual and competitors may be considered permissible potential competitors to stifle competition by when their restrictions to competition are any of the following means: outweighed by efficiencies, eg improvements in • Fixing prices (this includes the actual price technology or production. Examples of such or any increases or any charges related to arrangements include the following: the product) • Joint technical or quality control standards, • Joint establishment of discounts/rebate or policy • Joint research and development ventures. • Fixing other terms and conditions (ie delivery, payment terms etc) When employees are proposing, or invited to • Division of territories (“we’ll stay out of your participate in, any arrangement with market if you stay out of ours”) competitors, they must inform and consult with • Division of customers (“we take these their Legal Department immediately and before customers, you take those customers”) the event. • Joint decisions on production output • Collective boycotts (ie where competitors Role and risks of trade/industry associations jointly boycott a supplier or customer) and information exchange • The exchange of sensitive business data It is acknowledged that trade associations have on prices, costs, sales or production a beneficial purpose and role to play in business • Collusive tendering (agreeing on terms of and industries. However, it is also true that trade tenders), and associations in various industries have been • Or any other behaviour that results in the misused to facilitate anticompetitive behaviour. outcomes listed above. Therefore, specific caution must be taken in representing Sappi at such associations. …continued overleaf www.sappi.com Group Competition Law Policy continued Tolerating, as well as actively participating in The types of conduct that may fall within the illicit behaviour, is general enough to expose scope of this prohibition include the following: Sappi and its representative to the applicable • Predatory (including below cost) or sanctions. Trade associations or similar formal excessive pricing or informal gatherings of competitors (ie • Discrimination with regards to prices, conferences and trade events) should have and discounts or rebates must follow a competition law policy. Suspect • Loyalty (or ‘fidelity’) discounts and rebates behaviour must be reported immediately to the (ie price reductions based on the purchase Legal Department. of requirements or a percentage of them) • The tying of separate products and Information exchange in trade associations services (ie making the sale of one product amongst competitors has become an area of or service conditional upon the purchase antitrust law that attracts significant attention by of other products or services) enforcement agencies. Information exchanges • Refusal to provide access to an essential in the form of company data between facility (such as an indispensable competitors through trade associations have intellectual property right) been misused in certain industries to facilitate • Full-line forcing (ie forcing a customer to or artificially manage market shares, market purchase a full line of products), and allocations or prices. As a rule of thumb, the • Refusal to supply. more aggregated and the more historical the information is the less likely it is that such data Merger control can be allocated to a specific company which Many jurisdictions around the world possess would otherwise raise antitrust concerns. Any some form of merger control legislation. These request or exchange of information via trade rules often require prior ‘notification’ of mergers, associations must, therefore, be checked or acquisitions and some types of joint ventures to verified with the legal department beforehand. the antitrust enforcement authorities concerned. The powers of these enforcement authorities Abuse of dominance may include mandatory suspension of the Many jurisdictions have legislation prohibiting transaction until the clearance is obtained, as the abuse of a dominant position or well as the power to prohibit such deals or to monopolisation. These rules aim to curb approve them subject to conditions. The failure abusive business practices of dominant players to notify and suspend the deal may also entail in the relevant product and geographic markets the imposition of hefty fines and divestiture. and, as a consequence, heavy fines are not uncommon. Because Sappi has different For these reasons, all mergers, acquisitions, market positions expressed in market share joint ventures and similar transactions must be concerning various locations and products, discussed with and cleared by the Legal Sappi employees should exercise caution and Department in advance. seek advice from the Legal Department before engaging in any activities which might be …continued overleaf considered an abuse if Sappi were deemed to have a dominant position in a particular market. www.sappi.com Group Competition Law Policy continued Guidelines on documents and electronic The following guidelines should be kept in mind records when writing or reading correspondence and The treatment of documents and electronic memoranda, including postings on social media communication is important because most legal sites: systems do not consider business-related • Do not use words suggestive of guilty or communications (eg ‘personal’ files, email, texts, surreptitious
Load more

Recommended publications
  • Competition Law and Policy & Intellectual Property
    UNCTAD ’s work in the fields of Competition Law and Policy & Intellectual Property 1 Agenda • Part 1: Presentation of UNCTAD ’s work in the field of Competition Law and Policy • Part 2: Presentation of UNCTAD ’s work in the field of Intellectual Property 2 Rationale for UNCTAD ’s work in the field of Competition Law and Policy (1/2) Competition Law and Policy considered as: • important pillar for a thriving market economy , – wherein competitive pressure hones productive efficiency and – stimulates product and process innovation fundamental to international competitiveness and economic growth; • tool for consumer access to a wider range of cheaper and better products ; • means to ensure that benefits from trade liberalisation are passed on to the consumers. 3 Rationale for UNCTAD ’s work in the field of Competition Law and Policy (2/2) Global dimension of conviction of benefits of competition: • In 1980, less than 20 countries had a competition law; • Today, more than 100 countries and regional organisations have adopted a competition law regime; • Competition law and policy have become a matter of interest for many developing countries; • Large number of developing countries have adopted competition laws and policies or are currently in the process of doing so. 4 Basis for UNCTAD's work in the field of Competition Law and Policy Adopted in 1980, the “Set ”: • sets out equitable rules for the control of anti - competitive practices addressed to companies and states; • recognizes the development dimension of competition law and policy;
    [Show full text]
  • Advanced Eu Competition Law, Brussels 2019 What’S New for 2019?
    Comp Delivered by Law Comp 28th Annual Law ADVANCED EU COMPETITION LAW, 25 November 2019 Digital Era Focus Day Or Mergers & Verticals Workshops BRUSSELS 2019 26 & 27 November 2019 Main Conference Days Connect with Europe’s largest competition law Le Plaza Hotel, Brussels community. Get your definitive annual update Knowledge Partner Media Partners and then dig deeper into what matters most to you Supporting Networking Reception Host Networking Lunch Host Sponsor Sponsors Associate Sponsors +44 (0)20 3377 3279 • [email protected] • law.knect365.com/advanced-eu-competition-law-brussels/CMS_LawTax_CMYK_from101.eps ADVANCED EU COMPETITION LAW, BRUSSELS 2019 WHAT’S NEW FOR 2019? 50+ In-house Counsel Speakers From a Variety of Sectors Bringing unique practical insights to the programme Michael Kefi Marceline Tournier Celine Fang Senior Antitrust Counsel EMEA Associate General Counsel EMENA & Global Principal Counsel Antitrust, Uber Head of Antitrust Ethics & Compliance Nestlé Legal Arm Comp Miriam Van Heyningen Catherine Higgs Thomas Gorham Senior Legal Counsel Law Global Head of Competition Law Director & Associate General Counsel Shell International GSK Procter & Gamble Oliver Bethell Romanie Dendooven Saar Dierckens Head of Competition, EMEA Legal & Corporate Affairs Director Senior Counsel Competition Google Anheuser-Busch InBev Siemens 6 Break Out Focus Streams Tailor your experience and dig deeper into what matters most to you Main Conference Day 1, 14:00 - 15:20 Main Conference Day 2, 14:30 - 15:50 Stream 1 Stream 2 Stream 3 Stream 1 Stream 2 Stream 3 VERTICALS & INFO STATE AID & BIG MERGER CARTELS DOMINANCE EXCHANGE ENFORCEMENT DATA CHALLENGES CONTROL & CO-OPERATION & COMPLIANCE 100+ Leading Experts on 40+ Sessions The Commision, NCAs, in-house and external counsel all in one room! This year’s programme is creating more opportunities than ever before for industry experts from all sides to get involved as a speaker.
    [Show full text]
  • The More Economic Approach to European Competition Law
    Conferences on New Political Economy 24 The More Economic Approach to European Competition Law Edited by Dieter Schmidtchen,Max Albert, and Stefan Voigt Mohr Siebeck Manuscripts are to be sent to the editors (see addresses on page 357). We assume that the manuscripts we receive are originals which have not been submitted elsewhere for publication. The editors and the publisher are not liable for loss of or damage to manuscripts which have been submitted. For bibliographical references please use the style found in this volume. ISBN 978-3-16-149414-7 eISBN 978-3-16-156553-3 ISSN 1861-8340 (Conferences on New Political Economy) The Deutsche Nationalbibliothek lists this publication in the Deutsche National- bibliographie; detailed bibliographic data is available in the Internet at http://dnb.d- nb.de. 2007 by Mohr Siebeck,P. O. Box 2040,D-72010 Tübingen. This book may not be reproduced,in whole or in part,in any form (beyond that permitted by copyright law) without the publishers written permission. This applies particularly to reproductions,translations,microfilms and storage and processing in electronic systems. The book was typeset and printed by Konrad Triltsch in Ochsenfurt-Hohestadt on non- aging paper and bound by Großbuchbinderei Spinner in Ottersweier. Contents Dieter Schmidtchen: Introduction ................................. 1 Christian Kirchner: Goals of Antitrust and Competition Law Revisited ........................................................ 7 RogerVan den Bergh: The More Economic Approach and the Pluralist Tradition of European Competition Law (Comment) ..... 27 Wulf-Henning Roth: The “More Economic Approach” and the Rule of Law ................................................. 37 Roland Kirstein: “More” and “Even more Economic Approach” (Comment) ...................................................... 59 Clifford A.
    [Show full text]
  • Competition: Antitrust Procedures in Abuse of Dominance Article 102 TFEU Cases
    Competition: Antitrust procedures in abuse of dominance Article 102 TFEU cases Article 102 of the Treaty on the Functioning of the whether there are any barriers to this; the existence European Union (TFEU) prohibits abusive conduct by of countervailing buyer power; the overall size and companies that have a dominant position on a strength of the company and its resources and the particular market. extent to which it is present at several levels of the supply chain (vertical integration). An Article 102 case dealt with by the European Commission or a national competition authority can What is an abuse? originate either upon receipt of a complaint or through To be in a dominant position is not in itself illegal. A the opening of an own–initiative investigation. dominant company is entitled to compete on the Assessing dominance merits as any other company. However, a dominant company has a special responsibility to ensure that its The Commission's first step in an Article 102 conduct does not distort competition. Examples of investigation is to assess whether the undertaking behaviour that may amount to an abuse include: concerned is dominant or not. requiring that buyers purchase all units of a particular product only from the dominant company (exclusive Defining the relevant market is essential for purchasing); setting prices at a loss-making level assessing dominance, because a dominant position (predation); refusing to supply input indispensable for can only exist on a particular market. Before competition in an ancillary market; charging excessive assessing dominance, the Commission defines the prices. product market and the geographic market.
    [Show full text]
  • CHOICE – a NEW STANDARD for COMPETITION LAW ANALYSIS? a Choice — a New Standard for Competition Law Analysis?
    GO TO TABLE OF CONTENTS GO TO TABLE OF CONTENTS CHOICE – A NEW STANDARD FOR COMPETITION LAW ANALYSIS? a Choice — A New Standard for Competition Law Analysis? Editors Paul Nihoul Nicolas Charbit Elisa Ramundo Associate Editor Duy D. Pham © Concurrences Review, 2016 GO TO TABLE OF CONTENTS All rights reserved. No photocopying: copyright licenses do not apply. The information provided in this publication is general and may not apply in a specifc situation. Legal advice should always be sought before taking any legal action based on the information provided. The publisher accepts no responsibility for any acts or omissions contained herein. Enquiries concerning reproduction should be sent to the Institute of Competition Law, at the address below. Copyright © 2016 by Institute of Competition Law 60 Broad Street, Suite 3502, NY 10004 www.concurrences.com [email protected] Printed in the United States of America First Printing, 2016 Publisher’s Cataloging-in-Publication (Provided by Quality Books, Inc.) Choice—a new standard for competition law analysis? Editors, Paul Nihoul, Nicolas Charbit, Elisa Ramundo. pages cm LCCN 2016939447 ISBN 978-1-939007-51-3 ISBN 978-1-939007-54-4 ISBN 978-1-939007-55-1 1. Antitrust law. 2. Antitrust law—Europe. 3. Antitrust law—United States. 4. European Union. 5. Consumer behavior. 6. Consumers—Attitudes. 7. Consumption (Economics) I. Nihoul, Paul, editor. II. Charbit, Nicolas, editor. III. Ramundo, Elisa, editor. K3850.C485 2016 343.07’21 QBI16-600070 Cover and book design: Yves Buliard, www.yvesbuliard.fr Layout implementation: Darlene Swanson, www.van-garde.com GO TO TABLE OF CONTENTS ii CHOICE – A NEW STANDARD FOR COMPETITION LAW ANALYSIS? Editors’ Note PAUL NIHOUL NICOLAS CHARBIT ELISA RAMUNDO In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice: Paul Nihoul discusses how freedom of choice has emerged as a crucial concept in the application of EU competition law; Neil W.
    [Show full text]
  • Competition Law and Policy in the European Commission
    COMPETITION LAW AND POLICY IN THE EUROPEAN COMMISSION THE EUROPEAN COMMISSION (2002) Executive Summary1 In 2002, the Commission pressed ahead with its work on modernising the Community rules in all areas of competition policy. In antitrust, its proposal for recasting Regulation No 17 implementing Articles 81 and 82 of the EC Treaty was adopted by the Council on 16 December, clearing the way for decentralised application of the Community rules in this field by national competition authorities acting in close cooperation with the Commission, as well as direct application by national courts. In addition, a new block exemption regulation in the motor vehicle sector will boost competition considerably in this vital area of the economy, at the level of both sales and after-sales service, and will benefit consumers in terms of prices and opportunities for cross-border purchases. The Commission also continued to give high priority to detecting, prosecuting and punishing unlawful agreements, which were the subject of numerous decisions imposing fines. On the mergers front, the observations made by interested parties in response to the Commission's Green Paper on the review of the merger regulation enabled it to draw conclusions on a whole series of concepts and approaches designed to improve the existing legislation. On 11 December, it adopted a proposal for amending the merger regulation. In the State-aid field, the Barcelona European Council endorsed the Council's appeals for continued efforts to reduce the overall level of aid and redirect resources towards objectives of common interest and to modernise the Community competition rules. For its part, the Commission launched a reform designed to simplify procedures for cases which do not raise major legal concerns so as to free up resources to handle the more important cases, as well as the cases which will arise after enlargement of the EU, in a context of greater transparency and predictability.
    [Show full text]
  • Passing Off and Unfair Competition: Conflict and Convergence in Competition Law
    Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2011 Passing Off and Unfair Competition: Conflict and Convergence in Competition Law Mary LaFrance University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Intellectual Property Law Commons, and the Torts Commons Recommended Citation LaFrance, Mary, "Passing Off and Unfair Competition: Conflict and Convergence in Competition Law" (2011). Scholarly Works. 784. https://scholars.law.unlv.edu/facpub/784 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. PASSING OFF AND UNFAIR COMPETITION: CONFLICT AND CONVERGENCE IN COMPETITION LAW Mary LaFrance" 2011 MICH. ST. L. REV. 1413 TABLE OF CONTENTS IN TRODU CTION ......................................................................................... 14 13 I. TRADITIONAL AND EXPANDED CONCEPTS OF PASSING OFF ............. 1415 II. UNFAIR COMPETITION ....................................................................... 1420 III. CONFLICT AND CONVERGENCE: THREE CASE STUDIES .................... 1423 A. Copycat Products and Comparative Advertising ........................ 1423 B . M erchandising Rights .................................................................. 1428 C. The Latest Battleground: Keyword Advertising ........................
    [Show full text]
  • Consumer Protection and Competition Policy
    246 Eleventh Five Year Plan 11 Consumer Protection and Competition Policy CONSUMER PROTECTION of civil society. The main reason for this is the rapidly 11.1. Promotion of consumer welfare is the common increasing variety of goods and services which modern goal of consumer protection and competition policy. At technology has made available. In addition, the growing the root of both consumer protection and competition size and complexity of production and distribution policy is the recognition of an unequal relationship between systems, the high level of sophistication in marketing and consumers and producers. Protection of consumers is selling practices and in advertising and other forms of accomplished by setting minimum quality specifications promotion, mass marketing methods and consumers’ and safety standards for both goods and services and increased mobility resulting in reduction of personal establishing mechanisms to redress their grievances. The interaction between buyers and sellers, have contributed objective of competition is met by ensuring that there to the increased need for consumer protection. are sufficient numbers of producers so that no producer can attain a position of dominance. If the nature of 11.3. Protection of consumer rights in modern times the industry is such that dominance in terms of market dates back to 1962. On 15 March 1962, the Consumer Bill share cannot be avoided, it seeks to ensure that there is of Rights was proclaimed by the United States President no abuse on account of this dominance. Competition in a message to the Congress. The message proclaimed: policy also seeks to forestall other forms of market failure, (i) the right to choice, (ii) the right to information, such as formation of cartels, leading to collusive pricing, (iii) the right to safety, and (iv) the right to be heard.
    [Show full text]
  • Antitrust & Competition
    Antitrust & Competition Mayer Brown’s multi-disciplinary Antitrust & Competition team offers a seamless, coordinated service throughout the Asia Pacific region, and has the benefit of extensive regional and international experience in the antitrust and competition field. Hong Kong) activities within and “ Their lawyers are Regional Coverage and beyond these markets. very knowledgeable and can provide to- International Exposure Our team also has extensive the-point advice, experience in dealing with which saves a lot of Our lawyers are experienced in competition law regimes in the Asia time and legal fees.” helping clients secure clearances for Pacific region and we work closely – Chambers Asia mergers, acquisitions, joint ventures Pacific 2015 with lawyers in our Singapore, and other commercial transactions, Vietnam and Thailand offices to help and in providing advice relating to the “ The services clients address issues arising under provided them are rapidly developing antitrust regimes in the developing competition law good value for the region. We also offer clients regimes of Southeast Asian countries. money and helps throughout the Asia Pacific region the client to ensure its compliance with proactive behavioural counselling and Globally, we have more than 70 law.” training on antitrust law compliance, lawyers practising antitrust and – Chambers Asia and our clients benefit from our close competition law and we fully Pacific 2015 working relationships with key understand today’s complex enforcement agencies. competition issues, as well as the Chinese Business Law increasingly complex relationships China and Hong Kong, where our bi- Award (Competition among corporations in a global & Antitrust) lingual team is based, are our major economy.
    [Show full text]
  • Developments in Competition Law in the European Union and the United States: Harmony and Conflict
    NYSBA INTERNATIONAL LAW AND PRACTICE SECTION FALL MEETING 2005 Program 19: Developments in Competition Law in the European Union and the United States: Harmony and Conflict remarks by PAMELA JONES HARBOUR, COMMISSIONER, U.S. FEDERAL TRADE COMMISSION I. Introduction I appreciate very much the opportunity to meet with you here in London and to speak to you about relations between the United States and Europe in the field of competition policy. My remarks reflect my own views and not necessarily those of the Federal Trade Commission or any of its other Commissioners. The subtitle of this program is “Harmony and Conflict.” From my perspective as an FTC Commissioner and a former New York State enforcement official, there is far more harmony than conflict among US and EU competition enforcers. Furthermore, while we cannot rule out future conflicts, I believe that the trend is towards more convergence and harmony. By the way, when I speak of U.S. enforcers, I include not only the FTC and DoJ’s Antitrust Division, but also our State Attorneys General who are fully empowered to enforce U.S. Federal antitrust laws.1 Likewise, when I speak of EU competition enforcers, I include not only the European Commission’s Competition Directorate, DG COMP, but also the Member State competition authorities, such as the Office of Fair Trading (“OFT”) and the Competition Commission here in London, that are similarly empowered to enforce EU competition policy.2 1 The statutory bases of state authority to enforce U.S. federal antitrust laws are contained in the section 4C - 4H of the Clayton Act, 15 U.S.C.
    [Show full text]
  • Exclusive Dealing and Competition: a US FTC View Alden F
    Exclusive Dealing and Competition: A US FTC View Alden F. Abbott General Counsel, U.S. Federal Trade Commission ICN Workshop, Stellenbosch, South Africa, November 2, 2018 1 Introduction: Exclusive Dealing Basics • “An exclusive dealing contract is a contract under which a buyer promises to buy its requirements of one or more products exclusively from a particular seller.” Hovenkamp, Federal Antitrust Policy (2016) • Variations on “full scale” exclusive dealing (partial, de facto) • Loyalty discounts, discounts tied to percentage of purchases from a seller • Slotting allowances, supplier pays fee for preferred or exclusive shelf space • Requirements contracts, agreements to buy all needed units from one seller, also de facto agreements under which firms won’t buy from other sellers • Exclusive dealing may confer substantial procompetitive benefits but also may pose significant anticompetitive risks • case-specific analysis is key • Exclusive dealing assessed by most authorities under antitrust “rule of reason” 2 Evaluating Exclusive Dealing – ICN Review • 2013 ICN Unilateral Conduct Workbook, Chapter 5 – Exclusive Dealing • Outlines elements for flexible rule of reason analysis, focus on evidence • Potential exclusive dealing efficiencies include: • Encouraging distributors to promote a manufacturer’s products more vigorously • Encouraging suppliers to help distributors by providing key services of information • Addressing problems of free riding between suppliers • Addressing “hold up” problems for customer-specific investments • Allowing suppliers to control distribution quality more easily • Potential harms related to market foreclosure (including raising rivals’ costs) • Price increases due to output reduction, also overall reduction in market output • Increase in dominant firm’s market share unexplainable by quality, supply/demand • Exit of existing competitors due to an exclusive dealing arrangement • Entry deterrence (preventing deterrence by potential competitors) 3 Evaluating Exclusive Dealing – U.S.
    [Show full text]
  • Economic Evidence and Econometrics in Competition Law
    Economic evidence and econometrics in competition law UNCTAD Research Partnership Platform Geneva 7 July 2013 Dr. Ioannis Lianos Faculty of laws University College London The views expressed are those of the authors and do not necessarily reflect the views of UNCTAD Structure • The emergence of a “regulatory science” of economics • Points of access of economic evidence • Assessment of economic evidence 2 Use of econometrics in EU competition law 16 demand analysis 14 12 other techniques 10 statistical tests 8 Linear (demand 6 analysis) 4 Linear (other 2 techniques) Linear (statistical tests) 0 2004 2005 2006 2007 2008 2009 2010 2011 3 Evolution of use of quantitative techniques Figure 1: Evolution of Use of Quantitative Techniques (2004-2011) statistical tests 100% other techniques 80% demand analysis 60% 40% 20% 0% 2004 2005 2006 2007 2008 2009 2010 2011 4 Percentage Purpose of Use of Quantitative Techniques Figure 2: Percentage Purpose of Use of Quantitative 60 52 Techniques 40 20 17 1 22 0 8 efficiencies' market assessment market structure definition non-price behaviour pricing behaviour 5 Percentage of use of quantitative techniques 30 25 Figure 3: Percentage Use of Quantitative Techniques 20 15 10 15 5 0 SSNIP test 2 6 bidding studies 9 (by type) critical loss analysis demand system fo... 11 12 diversion ratio hedonic price anal... 28 industry-specific... 11 market share dete... 21 mathematical formula price correlation price determinants... 22 production determ... residual demand a... 6 • MERGERS – Market Definition – Anticompetitive
    [Show full text]