Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

Archive for January 2010

20,000 visits

leave a comment »

20,000 visits on this blog in a little more than 4 months. Beyond our expectations. Thanks to all of you.

I am today in Madrid, where Luis Ortiz Blanco and Pablo Ibanez Colomo invited me to give to lecture in the context of a competition law course intended to Spanish public officials and private practitioners. The programme is organized by the Universidad Complutense and the Instituto de Estudios Bursatiles (IEB). The brochure can be found below.

XIII Curso de Derecho de la Competencia IEB 2010 (1)

Written by Nicolas Petit

15 January 2010 at 11:31 am

Posted in Events

Everything you always wanted to know on the Lisbon Treaty (but were too afraid to ask)

with one comment

My research institute (IEJE) organizes on 26 February in Brussels a conference on the Lisbon Treaty. We have invited top notch european law specialists. Although not my primary field of specialization, I really cannot wait for the conference (I actually think that the effect of the Lisbon Treaty on EU competition law has been somewhat underrated, will come back to this in a forthcoming paper) . Programme and registration form can be found below.

Conference Programme – Everything You Always Wanted to Know on the Lisbon Treaty – 26 February 2009 – Final

Written by Nicolas Petit

14 January 2010 at 4:24 pm

Posted in Events

Just Published

leave a comment »

  • From Formalism to Effects? The Commission’s Communication on Enforcement Priorities in Applying Article 82 ECWorld Competition 2009(4) – This is a written, extended, version of a speech I delivered in July 2009 at the Polish Office for the Protection of Competition and Consumers. Thanks again to S. Jozwiak and the President of the Office for their kind invitation.
  • Chronique de l’affaire Belgacom/Scarlett – La fin de la récréation pour l’opérateur historique? – I wrote this paper with a former Howrey colleague, Ief Daems. The paper argues that the Belgian Competition Council has seemingly decided to follow a stronger enforcement policy in the telecoms sector. Yet, a number of flaws remain. In particular, it questions (i) wether the network divesture remedy imposed by the Council, and the conditions attached to it, are really effective; and (ii) the opportunity of allowing a State-owned company to acquire the business divested by Belgacom…

Written by Nicolas Petit

13 January 2010 at 8:00 am

Posted in Our Publications

Dissertation Summaries (14) – LLM in IP and Competition Law 2009-2010

leave a comment »

The Strategic Use of EU Competition Law: Typology and Assessment  Anne-Sophie Come (annesophie.come@gmail.com)

Legal affairs are no longer a “support” function for business entities. Firms increasingly rely on legal rules, proceedings and remedies, as strategic, profit maximising, levers. As a result of this evolution, firms increasingly seek to use (some say “instrumentalize”) the legal system in order to gain competitive advantages over/inflict competitive disadvantages to their rivals. In this context, it is the purpose of this dissertation to review the extent to which firms seek to use, and have used, EU competition law for strategic business reasons alien to the mere eradication of anticompetitive conduct in the market place. To this end, it provides a new reading of a number of well-known cases  decided by the Commission and the Court of Justice.

Written by Nicolas Petit

12 January 2010 at 8:48 am

Posted in Uncategorized

Dissertation Summaries (13) – LLM in IP and Competition Law 2009-2010

leave a comment »

Merger control in the air transport sector – A. Lackner (audrey.lackner@gmail.com)
The air transport sector exhibits a variety of particularities which distinguish it from other sectors: scale effects, important barriers to entry, ongoing liberalization, increased industry consolidation, critical input dependence (in particular, fuel prices), pervasive cooperative networks (strategic alliances), commercial innovation (emergence of low costs business models), sensitiveness to external shocks (terrorist attacks and natural disasters, etc.), etc. The purpose of the present dissertation is to determine to what extent the Commission’s merger control policy as regards air transport services follows a sector-specific approach and, if so, whether this is justified or not. To this end, the present dissertation reviews, in turn, the following issues: (i) market definition; (ii) theories of harm in horizontal, vertical and conglomeral air transport mergers; (iii) efficiencies; and (iv) remedies. It places a specific emphasis on the latest Commission decisions adopted in 2009.

Written by Nicolas Petit

11 January 2010 at 5:28 am

Posted in Uncategorized

Recent Antitrust News

leave a comment »

(Image possibly subject to copyrights: source here)

Written by Nicolas Petit

10 January 2010 at 8:21 pm

Dissertation Summaries (12) – LLM in IP and Competition Law 2009-2010

leave a comment »

“Guilty but not Liable”: Action for damages against the European Commission following the Schneider and Mytravel Cases – Pierre Pirard (Pierre.Pirard@student.ulg.ac.be)
This dissertation aims at assessing the legal framework and effectiveness of the action for damages against the European Commission in the field of competition law. The present dissertation focuses in particular on several issues which are still in a state of uncertainty following the Schneider and MyTravel rulings, e.g., the principles governing the quantification of damages. It also draws comparisons from other areas of EU law, where the issue is governed by a larger body of case-law.

Written by Nicolas Petit

8 January 2010 at 1:12 pm

Posted in Uncategorized

Dissertation Summaries (11) – LLM in IP and Competition Law 2009-2010

leave a comment »

An Analysis of the Decision of the Commission of 12 may 2009 concerning RFID and Data Protection – Laurie Caucheteux (Laurie.Caucheteux@student.ulg.ac.be)

The promising RFID (Radio Frequency Identification) technology – also known as the “Internet of things” – generates challenges for the protection of privacy and personal information in allowing the collection of data which may be connected, directly or indirectly, to natural persons. To alleviate those concerns, the European Commission adopted on 12 May 2009 a Recommendation concerning RFID and data protection.
The purpose of the present dissertation is to provide a first assessment of the legal framework applicable to RFID. It questions, amongst others, whether the choice of a mere Recommendation, as opposed to a stronger regulatory instrument, is appropriate. It also seeks to determine whether the recommendation addresses exhaustively the very many areas of concerns identified by the stakeholders.
To this end, this dissertation is divided into three parts. Part I comes back on the process which led to the adoption of the recommendation and clarifies the views and concerns expressed at this stage. Par II offers an analysis of the current regulatory framework, which spans the Recommendation as well as various directives and other relevant principles. Finally, Part III provides a personal, critical, assessment of the Recommendation.

Written by Nicolas Petit

7 January 2010 at 2:43 pm

Posted in Uncategorized

New Frontiers of Antitrust – 15 February 2010 – Paris

leave a comment »

artoff88Whilst this blog does not intend to be a marketing platform for upcoming conferences, I must report that Concurrences invited me to talk at a most promising conference, which will take in Paris on 15 February 2010. The title of the conference is “New Frontiers of Antitrust“. To explore the new boundaries of competition enforcement, the organizers have chosen to focus on the following topics:

  • Forthcoming US and EU enforcement agendas;
  • Sector inquiries;
  • Behavioural economics;
  • Increased sanctions for antitrust infringements.

I have been asked to talk on sector inquiries. Most happy to receive comments, input, or any other idea in relation to this topic (in exchange, of course, for “first footnote” credit in the final version of my paper).

The programme can be downloaded below.

Conference Concurrences Paris 15 Feb 2010

Written by Nicolas Petit

7 January 2010 at 9:20 am

Posted in Events

Dissertation Summaries (10) – LLM in IP and Competition Law 2009-2010

leave a comment »

Green Technology Licenses: Strategies and Practices – Uliana Sylvia (S.Uliana@student.ulg.ac.be)

Developing countries have traditionally claimed that the strong intellectual property rights covering (green) technologies in developed countries prevented the implementation of environmental friendly standards to their domestic productions. The debate on this issue has recently been rejuvenated by the Copenhagen conference, and it is now increasingly admitted that developing countries urgently need access to climate change technologies (e.g., technology for reducing greenhouse gas emissions, renewable energy sources …). The purpose of this dissertation is to review which IPRs strategies (roundtables, negotiations, etc.) are likely to promote voluntary technology transfer, development and innovation collaboration in climate change technology between developed and developing countries. In this context, it focuses on identifying concrete, practical, measures which may support climate change technology cooperation between developed and developing countries.

Written by Nicolas Petit

6 January 2010 at 10:03 am

Posted in Uncategorized