DOCSLIB.ORG

Vertical Agreements and Dominant Firms 2019 3Rd Edition a Practical Cross-Border Insight Into Vertical Agreements and Dominant Firms

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Vertical Agreements and Dominant Firms 2019 3Rd Edition a Practical Cross-Border Insight Into Vertical Agreements and Dominant Firms ICLG The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2019 3rd Edition A practical cross-border insight into vertical agreements and dominant firms Published by Global Legal Group, with contributions from: ALRUD Law Firm HLG Avocats AZB & Partners Johnson Winter & Slattery Baker Botts LLP Kennedy Van der Laan Barun Law LLC Lee & Lee Callol, Coca & Asociados Nagashima Ohno & Tsunematsu DDPV Studio Legale Noerr LLP DeHeng Law Offices Paul, Weiss, Rifkind, Wharton & Garrison LLP Dickson Minto Pinheiro Neto Advogados ELIG Gürkaynak Attorneys-at-Law Stavropoulos & Partners Law Office Gorrissen Federspiel SyCip Salazar Hernandez & Gatmaitan The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2019 Country Question and Answer Chapters: 1 Australia Johnson Winter & Slattery: Sar Katdare & Jaime Campbell 1 2 Brazil Pinheiro Neto Advogados: Leonardo Rocha e Silva & Daniel Costa Rebello 8 Contributing Editors Charles F. (Rick) Rule & Andrew J. Forman Paul, Weiss, Rifkind, 3 China DeHeng Law Offices: Ding Liang 15 Wharton & Garrison LLP Sales Director Florjan Osmani 4 Denmark Gorrissen Federspiel: Martin André Dittmer & Kristian Helge Andersen 26 Account Director Oliver Smith 5 European Union Baker Botts LLP: Matthew Levitt & Daniel Vasbeck 33 Sales Support Manager Toni Hayward Editor 6 France HLG Avocats: Helen Coulibaly-Le Gac & Pierre Laforet 40 Nicholas Catlin Senior Editors Caroline Collingwood 7 Germany Noerr LLP: Peter Stauber & Robert Pahlen 47 Rachel Williams CEO Dror Levy 8 Greece Stavropoulos & Partners Law Office: Evanthia Tsiri & Efthymia Armata 59 Group Consulting Editor Alan Falach 9 India AZB & Partners: Hemangini Dadwal & Aakarsh Narula 65 Publisher Rory Smith Published by 10 Italy DDPV Studio Legale: Luciano Vasques 76 Global Legal Group Ltd. 59 Tanner Street London SE1 3PL, UK 11 Japan Nagashima Ohno & Tsunematsu: Kaoru Hattori & Yusuke Kaeriyama 87 Tel: +44 20 7367 0720 Fax: +44 20 7407 5255 Email: [email protected] URL: www.glgroup.co.uk 12 Korea Barun Law LLC: Gwang Hyeon Baek & Ye Eun Choi 95 GLG Cover Design F&F Studio Design 13 Netherlands Kennedy Van der Laan: Annemieke van der Beek & Martijn van Bemmel 102 GLG Cover Image Source iStockphoto Printed by 14 Philippines SyCip Salazar Hernandez & Gatmaitan: Rolando V. Medalla, Jr. 110 Ashford Colour Press Ltd August 2019 Copyright © 2019 15 Russia ALRUD Law Firm: Alla Azmukhanova & Daniil Lozovsky 116 Global Legal Group Ltd. All rights reserved No photocopying 16 Singapore Lee & Lee: Tan Tee Jim, S.C. 123 ISBN 978-1-912509-94-2 ISSN 2399-9586 17 Spain Callol, Coca & Asociados: Pedro Callol & Laura Moya 129 Strategic Partners 18 Turkey ELIG Gürkaynak Attorneys-at-Law: Gönenç Gürkaynak & Hakan Özgökçen 136 19 United Kingdom Dickson Minto: Ajal Notowicz & Maria Ziprani 144 20 USA Paul, Weiss, Rifkind, Wharton & Garrison LLP: Charles F. (Rick) Rule & Andrew J. Forman 156 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.COM PREFACE Welcome to the 2019 edition of The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms. We are honoured to introduce this comprehensive guide to the antitrust and competition law community on behalf of Paul, Weiss, Rifkind, Wharton & Garrison LLP. These remain interesting times in competition law, for both enforcers and private practitioners. It is our hope and belief that this guide will serve as a useful tool for those seeking insight into the competition regimes of other jurisdictions, and a concise primer on vertical agreements and dominant firms for those less familiar with the field. This 2019 edition of the Guide brings together leading competition law practitioners from top firms across the globe – firms that Paul, Weiss is proud to partner with in several high-profile matters. The wealth of experience and insight offered by our fellow contributors has made this guide an incomparable resource for antitrust attorneys in every jurisdiction. We extend our deepest gratitude to our partners for the considerable time and effort they have put into this project. We hope you find this latest version of the Guide to be a worthy companion in your practice, and we welcome any suggestions for further improvements in future editions. Charles F. (Rick) Rule & Andrew J. Forman Paul, Weiss, Rifkind, Wharton & Garrison LLP Contributing Editors The International Comparative Legal Guide to: Vertical Agreements and Dominant Firms Chapter 1 Australia Sar Katdare Johnson Winter & Slattery Jaime Campbell 1 General 155 of the Act) the relevant party to provide information and documents relating to the alleged contravention. Such requests can be made more than once (i.e. for different types of information and 1.1 What authorities or agencies investigate and enforce documents) and the ACCC can also require individuals to provide the laws governing vertical agreements and dominant evidence under oath or affirmation. firm conduct? Once the ACCC has gathered sufficient information, it will determine whether to take enforcement action and if so, what type of The Australian Competition & Consumer Commission (ACCC) is action to take. If the ACCC decides to take some type of the Australian independent statutory authority that has the role of enforcement action, the next steps in the process will depend upon investigating and enforcing laws relating to vertical agreements and the action taken (i.e. the process will be different for administrative dominant firm conduct under the Competition and Consumer Act resolutions, court-enforceable undertakings or legal proceedings). 2010 (Cth) (the Act). Whilst there is no single “vertical agreements” prohibition in the Act, the Act regulates vertical agreements and 1.4 What remedies (e.g., fines, damages, injunctions, etc.) vertical conduct through the following prohibitions: are available to enforcers? ■ Anti-competitive agreements and concerted practices. ■ Misuse of market power. The ACCC has the ability to accept an administrative resolution ■ Exclusive dealing conduct. from a party that it considers is likely to be in contravention of the ■ Resale price maintenance (RPM). Act. An administrative resolution is a written undertaking from a The Act regulates dominant firm conduct through the misuse of party setting out detailed terms and conditions of the resolution and market power and exclusive dealing prohibitions. These prohibitions may include agreeing to stop the conduct, compensating those who are explained in more detail in sections 2 and 3. have suffered loss and/or taking other measures to ensure that the conduct does not recur. The ACCC can also resolve contraventions of the Act by accepting 1.2 What investigative powers do the responsible court-enforceable undertakings from a party under section 87B of competition authorities have? the Act. Section 87B undertakings usually require a party to remedy the harm caused by the alleged contravention, accept responsibility The ACCC has compulsory information-gathering powers under for its actions and/or establish or improve its trade practices, section 155 of the Act that enable it to obtain information, compliance programs and culture. documents and oral evidence to determine whether a party’s agreement or conduct contravenes the Act. There are also a number of remedies and penalties available to the ACCC by way of court order including declarations, injunctions, The ACCC also has search warrant and seizure powers (i.e. “dawn pecuniary penalties and other remedial orders. raid” powers) under the Act to gather evidentiary material. Under a search warrant, the ACCC can seize goods or documents, inspect, handle and measure goods and equipment, take samples of 1.5 How are those remedies determined and/or calculated? goods and make copies of documents. The ACCC inspector, pursuant to a search warrant, may also require any person on the premises to answer questions and produce documents that relate to the reasons for Whether the ACCC will accept an administrative resolution or entry to the premises. court-enforceable undertakings from a party or pursue more serious enforcement action in declarations, remedies and penalties through The ACCC can also request parties to provide information and court action will depend on a number of factors. These factors documents to it voluntarily in response to an investigation. include whether the alleged contravention is of significant public interest or concern, whether the conduct results in substantial 1.3 Describe the steps in the process from the opening of consumer or small business detriment and/or whether the ACCC an investigation to its resolution. action will have a deterrent effect or clarify aspects of the law. In general, the more serious the alleged contravention, the more After the ACCC commences an investigation, it will ordinarily likely the ACCC will seek declarations, remedies or penalties request (voluntarily) or require (by compulsory notice under section
Load more

Recommended publications
  • Vertical Restraints – an Economic Perspective
    Vertical restraints – an economic perspective Patrick Rey Revised draft report 13 October 2012 Table of contents A. Methodology 4 B. Report 5 I. Introduction 5 1. Vertical restraints 5 a. Payment schemes 6 b. Provisions specifying the parties’ rights 6 2. The Chilean Competition Law 7 II. The Economic Role of Vertical Restraints 8 1. Vertical coordination 9 a. Double marginalization 10 . The vertical price coordination problem 10 . Adequate vertical restraints can solve this coordination problem 10 . Impact on consumers and society 11 b. Retail services 12 . Vertical externalities 12 . Horizontal externalities 13 . Which restraints can enhance coordination? 14 . Policy discussion 15 c. Other coordination problems 16 . Product mix 16 . Upstream decisions 17 . Risk-sharing 17 . Hold-up 18 1 . Policy implications 18 2. Impact on competition in the short-term 19 a. Collusion 19 . Downstream collusion: Sham vertical agreements 19 . Upstream collusion: Facilitating practices 20 b. Competition-dampening 21 . Softening inter-brand competition through strategic delegation 21 . Key factors 23 . Policy implications 24 c. Commitment problems 24 . Restoring the exercise of market power 24 . Policy implications 26 d. Common agency and interlocking relationships 26 . Common agency 27 . Interlocking relationships 27 . Policy implications 29 3. Impact on competition in the long-term 30 a. Entry stimulation 30 b. Vertical foreclosure 31 . Raising rivals’ costs 31 . Exclusionary clauses as a rent-extraction device 32 . Buyers’ miscoordination 34 . Preserving market power 35 . Buyer power 37 . Pre-commitment effects 38 2 . Policy implications 38 III. Policy implications: the case of Resale Price Maintenance 39 1. Efficiency benefits 40 a. Eliminating double marginalization 40 b.
    [Show full text]
  • Vertical Agreements Understanding Competition Law
    Vertical agreements Understanding competition law Competition law 2004 COMPETITION LAW GUIDELINE Since 1 May 2004 not only the European Commission, but also the Office of Fair Trading (OFT) has the power to apply and enforce Articles 81 and 82 of the EC Treaty in the United Kingdom. The OFT also has the power to apply and enforce the Competition Act 1998. In relation to the regulated sectors the same provisions are applied and enforced, concurrently with the OFT, by the regulators for communications matters, gas, electricity, water and sewerage, railway and air traffic services (under section 54 and schedule 10 of the Competition Act 1998) (the Regulators). Throughout the guidelines, references to the OFT should be taken to include the Regulators in relation to their respective industries, unless otherwise specified. The following are the Regulators: • the Office of Communications (OFCOM) • the Gas and Electricity Markets Authority (OFGEM) • the Northern Ireland Authority for Energy Regulation (OFREG NI) • the Director General of Water Services (OFWAT) • the Office of Rail Regulation (ORR), and • the Civil Aviation Authority (CAA). Section 52 of the Competition Act 1998 obliges the OFT to prepare and publish general advice and information about the application and enforcement by the OFT of Articles 81 and 82 of the EC Treaty and the Chapter I and Chapter II prohibitions contained in the Competition Act 1998. This guideline is intended to explain these provisions to those who are likely to be affected by them and to indicate how the OFT expects them to operate. Further information on how the OFT has applied and enforced competition law in particular cases may be found in the OFT’s decisions, as available on its website from time to time.
    [Show full text]
  • LAW COMPETITION LAW Vertical Agreements Under Competition Act
    LAW COMPETITION LAW Vertical agreements under Competition Act 2002 Q1: E-TEXT Module ID 14: Vertical Agreements under Competition Act, 2002 Module Overview: In this module, provisions of the Competition Act, 2002 that deal with vertical agreements have been discussed at length. Section 3(4) of the act describes agreement amongst enterprises or persons at different stages of the production-supply chain in different markets with regard to goods or services to be anti-competitive if such agreement causes or is likely to cause an appreciable adverse effect on competition. The inclusive nature of the definition has been discussed along with the types of such agreements. Since such agreements are not bad per se, rule of reason has been applied by the Commission. Various market forces that are needed to find about anti-competitiveness of such agreements, as provided under Sec.19 (3) have been talked about briefly. Further, if such arrangement amongst the enterprises causes adverse effect on competition, these are prohibited under Section 3 of the Act. Also, impacts of such agreements on competition in India have been discussed. Subject Name: Law Paper Name: Competition Law Module ID: 14 Pre-requisites: For understanding the module, basic knowledge of anti-competitive agreements and the related provisions in the Competition Act, 2002 is required. Objectives: • The main objective of the module is to discuss about provisions of the Competition Act, 2002 pertaining to vertical agreements ; • To appraise the students of various types of vertical
    [Show full text]
  • LAW COMPETITION LAW Horizontal Agreements and Their Types
    LAW COMPETITION LAW Horizontal agreements and their types Q1: E-TEXT Module ID: 10 Horizontal Agreements and their types Module Overview: This module is an introductory module on horizontal agreements covered under the competition law. It will deal with the basics of horizontal agreements, types of such agreements, reasons for collusion by businesses and regulation of such agreements by the competition authority. It will also cover horizontal agreements like market allocation, controlling production and bid rigging. The module will also discuss cartelisation and the ways to detect and prevent cartelisation. Subject Name: Law Paper Name: Competition Law Module ID: 10 Pre-requisites: Competition law is an economic law and thus an understanding of various market structures like monopoly and oligopoly will help readers better understand the reasons for businesses colluding to gain market power. Basic knowledge about microeconomics will also help in appreciating the adverse effects the horizontal anticompetitive agreements can have on economy and consumers and the reasons for regulating such conduct. Objectives: After reading this module, the readers will be able to appreciate as to why the anticompetitive effects of the horizontal agreements and practices need to be regulated by the competition law. Further, the readers will learn regarding the different types of horizontal agreements. A reader will realise as to why cartels which are a form of horizontal agreements are given stern treatment under the competition laws worldwide. Further, the reader will also understand as to why there is more international convergence and consensus in dealing with hard-core cartels which have anticompetitive effects on consumers across the borders.
    [Show full text]
  • A Structured Outline for the Analysis of Horizontal Agreements
    A STRUCTURED OUTLINE FOR THE ANALYSIS OF HORIZONTAL AGREEMENTS by Thomas B. Leary* The antitrust principles applied to “horizontal” arrangements are difficult to summarize. The principles have evolved over an extended period of time and have been shaped by decisions that are often hard to reconcile. I do not claim that the structure outlined below is the only way to read cases or frame issues, but it is one that I believe is consistent with the most recent precedent and learning. I. Introduction An agreement between actual or potential competitors to restrain their rivalry in some respect is commonly called a “horizontal restraint.” This kind of agreement should be distinguished from so-called “vertical” restraints that govern the interface between supplier and customers (who may also be competitors in another capacity). The distinction is fundamental because horizontal and vertical restraints are analyzed in different ways.1 The most significant difference is that horizontal restraints are more likely to be deemed illegal per se and vertical restraints are more likely to be subject to the “rule of reason.” * Commissioner, Federal Trade Commission. This revision of a paper first presented a year ago has been prepared for distribution at The Conference Board 2004 Antitrust Conference (Mar. 3-4, 2004). I have benefitted from discussions with FTC Chairman Timothy Muris, General Counsel William Kovacic, and attorney advisors Thomas Klotz, Lisa Kopchik and Holly Vedova in the preparation of this outline, but it does not necessarily reflect their views or the views of anyone else in the Commission. 1 See, e.g., discussion in ABA SECTION OF ANTITRUST LAW, ANTITRUST LAW DEVELOPMENTS 79-82 (5th ed.
    [Show full text]
  • Lexis®PSL Competition Practice Note
    Lexis ®PSL Competition Practice Note An overview of competition issues impacting vertical commercial agreements Produced in partnership with K&L Gates LLP EU and UK competition law prohibit certain contractual restrictions where a supplier of goods or services seeks to impose restrictions on the buyer further down the production or distribution chain, such as a distributor, an agent or a franchisee. Particular ‘red flag’ areas include provisions designed to preserve exclusivity (eg by restricting sales by the buyer to particular customers or into particular EU territories) or provisions designed to restrict the buyer’s ability to determine its resale prices. Where properly drafted and implemented with the guiding fall precisely within their terms. The vast majority of commercial competition law principles in mind, the vast majority of these agreements between parties operating at different levels of the vertical commercial agreements should escape competition law supply chain (vertical agreements), such as distribution, agency scrutiny. However, it is always important to look out for problematic and franchise agreements, benefit from the Vertical Agreements provisions, and in particular the ‘red flag’ areas highlighted below, Block Exemption. which could expose the parties to serious risk and liability. This can include, fines and the possibility of the agreement (or offensive The Block Exemption provides a broad exemption for all but a provisions) being found to be unenforceable. limited number of so-called ‘hardcore’ restrictions (the presence of which render an entire agreement void and unenforceable) and excluded conditions (which render the condition and any Application of Article 101 TFEU to non-severable provisions void and unenforceable).
    [Show full text]
  • Vertical Restraints with Horizontal Consequences: Competitive Effects of Most-Favored-Customer Clauses
    American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 1996 Vertical Restraints with Horizontal Consequences: Competitive Effects of Most-Favored-Customer Clauses Jonathan Baker Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Antitrust and Trade Regulation Commons VERTICAL RESTRAINTS WITH HORIZONTAL CONSEQUENCES: COMPETITIVE EFFECTS OF "MOST-FAVORED-CUSTOMER" CLAUSES JONATHAN B. BAKER* I. INTRODUCTION George Orwell's novel Animal Farm recounts the course of a revolution against the discredited old order on Farmer Jones's Manor Farm. The victorious animals developed a carefully crafted and sensible set of rules to govern their own new order-the Seven Commandments. But the Seven Commandments were hard for most of the animals to remember. After much thought, one of the farm's leading intellectuals, a pig named Snowball, declared that the Seven Commandments could be reduced to a single maxim: "Four legs good, two legs bad." This seductive simplifica- tion was the beginning of the end for the animal revolution. In the name of this maxim, the pigs perverted each of the Seven Commandments, one after the other, to reestablish the old prerevolutionary order with themselves, rather than the farmer, on top. Antitrust revolutions, too, can founder on oversimplification. The Chi- cago School revolution of the last twenty years uprooted and discarded old, oversimplified per se rules and rubrics because they discouraged efficient conduct. One theme of the Chicago revolutionaries was to focus antitrust attention on how collusion-that is, horizontal arrangements- can harm competition and consumers.
    [Show full text]
  • Vertical Agreements the Regulation of Distribution Practices in 37 Jurisdictions Worldwide 2012 Contributing Editor: Stephen Kinsella OBE
    ® GCRGLOBAL COMPETITION REVIEW Vertical Agreements The regulation of distribution practices in 37 jurisdictions worldwide 2012 Contributing editor: Stephen Kinsella OBE Published by Getting the Deal Through in association with: Accura Advokatpartnerselskab Allende & Brea Altius Asters Bán, S Szabó & Partners Blake, Cassels & Graydon LLP Cortázar Urdaneta & Cía – Abogados Çukur & Yılmaz Law Firm De Berti Jacchia Franchini Forlani Dinova Rusev & Partners Law Office Franco Caiado Guerreiro & Associados Glade Michel Wirtz Golfinopoulos Law Office Homburger Jáuregui y Navarrete SC J Sagar Associates King & Wood Mallesons Kneppelhout & Korthals Korman & Oren Law Firm Glimstedt Lee & Ko Matheson Ormsby Prentice Momo-o, Matsuo & Namba Motieka & Audzevicius Office for the Protection of Competition Peli Filip SCA Pellegrini & Urrutia Salans Europe LLP, organizacˇná zložka Sidley Austin LLP Uría Menéndez Vella Pugliese Buosi Guidoni – Advogados Vivien & Associés Wolf Theiss CONTENTS ® Vertical Argentina Julián Peña Allende & Brea 3 Agreements 2012 Australia Wayne Leach and Sharon Henrick King & Wood Mallesons 10 Contributing editor Austria Guenter Bauer and Robert Wagner Wolf Theiss 17 Stephen Kinsella OBE Sidley Austin LLP Belgium Carmen Verdonck and Jenna Auwerx Altius 25 Business development managers Brazil Priscila Brolio Gonçalves and Ana Carolina Cabana Zoricic Alan Lee George Ingledew Vella Pugliese Buosi Guidoni – Advogados 34 Robyn Hetherington Dan White Bulgaria Milen Rusev Dinova Rusev & Partners Law Office 42 Marketing managers Canada
    [Show full text]
  • A Comment on Louis Kaplow's the Meaning of Vertical Agreement And
    A COMMENT ON LOUIS KAPLOW’S THE MEANING OF VERTICAL AGREEMENT AND THE STRUCTURE OF COMPETITION LAW MARK S. POPOFSKY* In his article entitled The Meaning of Vertical Agreement and the Structure of Competition Law, Professor Louis Kaplow makes a persuasive case that the distinction between unilateral and concerted action in many vertical settings is difficult to maintain.1 Antitrust practitioners will find this unsurprising. Doc- trines such as Colgate, it long has been understood, rest in part on legal fic- tions designed to exclude certain conduct from Sherman Act Section 1’s coverage. Such unilateral conduct instead is subject to Sherman Act Section 2, the “heavy artillery of antitrust.”2 Section 2, in turn, applies only when conduct threatens to create or maintain monopoly power. Otherwise, unilateral conduct falls into the so-called Cop- perweld gap. “Congress authorized Sherman Act scrutiny of single firms only when they pose a danger of monopolization. Judging unilateral conduct in this manner reduces the risk that the antitrust laws will dampen the competitive zeal of a single aggressive entrepreneur.”3 “Because the Sherman Act does not prohibit unreasonable restraints of trade as such––but only restraints effected by [concerted action]––it leaves untouched a single firm’s anticompetitive conduct (short of threatened monopolization) that may be indistinguishable in economic effect from the conduct of two firms subject to § 1 liability.”4 Kaplow concludes that the Copperweld gap in reality is vanishingly small because “the simple fact of the matter is that nearly all of the relevant unilat- * Member, California and District of Columbia Bars; Adjunct Professor of Advanced Anti- trust, Georgetown University Law Center.
    [Show full text]
  • 135 Vertical Restraints Facilitating Horizontal
    VERTICAL RESTRAINTS FACILITATING HORIZONTAL COLLUSION: ‘STRETCHING’ AGREEMENTS IN A COMPARATIVE APPROACH Murilo Lubambo* Abstract: This article discusses the approaches of the European Union (EU) and of the United States (US) to the notions of agreement and concerted practice applied to horizontal collusive consequences of vertical restraints. It concludes that networks of vertical restraints blur the differences between vertical and horizontal agreements; therefore, both options of attack are available for enforcers in the EU and the US context. If the analysed vertical restraints are adopted in parallel by agreement, they should be deemed illegal as long as they restrict competition producing collusive consequences. In the absence of explicit coordination to adopt the practice, I suggest first looking for a stretched concept of horizontal agreement or a broadly interpreted concept of concerted practice, including unilateral ‘communication’ that intentionally reduces uncertainty. Even when the analysed practices are adopted individually and not by all firms, they can represent a commitment to focal points, observable by market players, thus amounting to communication of intent. If that is not possible, I propose that an analysis of market power, incentives, coercion and induction should guide the finding of an illegal vertical agreement and ground the analysis of the consequences. The agreement/concerted practice path is an appropriate, feasible and coherent way to deal with vertical restraints facilitating horizontal tacit coordination, but that does not exclude alternative effective enforcement mechanisms. A. INTRODUCTION This article discusses the approaches of the European Union (EU) and of the United States (US) to the notions of agreement and concerted practice applied to horizontal collusive consequences of vertical restraints.
    [Show full text]
  • Belgian Hub and Spoke Cartels Jan Blockx, University of Antwerp Johan Ysewyn, Covington & Burling LLP
    ICN Cartel Working Group Sub-group 1 webinar Hub-and-Spoke Cartel Cases Moderator: Mr Jacques Steenbergen, President, Belgian Competition Authority Speakers: Ms Sabine Zigelski, Senior Competition Expert, OECD Mr Jan Blockx, Researcher, University of Antwerp & Mr Johan Ysewyn, Partner, Covington & Burling Ms Júlia Namie Maia Pinto Ishihara, Technical Assistant, Brazilian Competition Authority Ms Maria de la Luz Domper, Judge- Chilean Competition Authority Mr Cees Dekker, Attorney at law/Partner, Nysingh Ms Mariana Dias & Ms Sara Carvalho de Sousa, Legal Officers, Portuguese Competition Authority Mr Adrien Giraud, Lawyer, Latham & Watkins Ms Sarah Subremon, Partner, Bureau Brandeis Participants: Please keep your microphones muted and your cameras switched off during the webinar. When connecting with browser, the activation of the audio might need to be done manually via the phone icon button (found at the bottom of your screen). ICN Cartel Working Group 01/03/2021 OECD ROUNDTABLE DISCUSSION ON HUB-AND- SPOKE ARRANGEMENTS ICN Cartel Working Group Webinar 1 March 2021 Sabine Zigelski Senior Competition Expert Competition Division, Directorate for Financial and Enterprise Affairs OECD Roundtable on Hub-and- Spoke Arrangements 2019 Detailed background paper 21 country contributions – with summary Detailed summary of discussion Executive summary of discussion All to be found here: http://www.oecd.org/daf/competition/hub-and-spoke- arrangements.htm 3 Key findings Carefully differentiate pro- from anti-competitive Concentrated markets and
    [Show full text]
  • Global Enforcement Priorities in Vertical Agreements
    Global enforcement priorities in vertical agreements DLAPIPER.COM GLOBAL ENFORCEMENT PRIORITIES IN VERTICAL AGREEMENTS Contents Introduction .......................................................................................................................................................................................... 3 Global enforcement priorities – vertical restraints ....................................................................................................................... 4 Vertical agreements in major jurisdictions ..................................................................................................................................... 5 Austria..................................................................................................................................................................................................... 6 Belgium .................................................................................................................................................................................................. 8 Canada..................................................................................................................................................................................................10 EU ..........................................................................................................................................................................................................13 France ...................................................................................................................................................................................................15
    [Show full text]