Thursday, June 16, 2016
Emerging Trends in US Antitrust and EU Competition Law: a Comparative Perspective 14-15 October 2016
Emerging Trends in US Antitrust and EU Competition Law:
a Comparative Perspective
Over the past few years important policy changes have taken place in the US antitrust and EU competition law regimes. Such emerging trends raise the question of the degree of convergence between the two main competition law jurisdictions in the world. In the field of vertical agreements, for instance, following the land-mark ruling of the US Supreme Court in Leegin in 2007, Resale Price Maintenance (RPM) has been subject to the rule of reason; since that time, US Federal Courts have generally rejected claims concerning the illegality of RPM clauses included in vertical agreements. On the contrary, in Europe RPM clauses remain restrictions by object, and in the last few years these types of clauses have been actively prosecuted and fined by a number of National Competition Authorities (e.g. German Bundeskartellamt). Secondly, the Damages Directive adopted in December 2014 represents an attempt to strengthen private enforcement of EU competition rules as well as an attempt to catch up with private enforcement of US antitrust law. Thirdly, during recent years both the US Federal Trade Commission (FTC) and the European Commission have investigated the abusive behavior of firms operating in innovation markets which own substantial market power and reviewed merger cases involving firms operating in these industries. While in some cases (e.g. Google case), the FTC and the EU Commission followed diverging approaches, in others the two antitrust authorities have achieved similar conclusions. For instance, the FTC and the European Commission have analyzed the behavior of firms owning Standard Essential Patents (SAPs) under Section 5 FTC Act and Article 102 TFEU. The FTC´s decisions in Bosch and Google-Motorola and the European Commission´s decisions in Samsung and Motorola are worth comparing, in order to assess the standard applied by two antitrust authorities in this field.
The first Annual Conference of ENTraNCE for Executives aims at gathering academics, practitioners, officials from NCAs and representatives of firms to discuss recent developments in US antitrust and EU competition law, in order to assess the degree of convergence and divergence between the two main antitrust jurisdictions.
The fee to attend: 250 Euros.
The fee is waived for ENTraNCE donors, Academics (Professors and PhD students) and officials from NCAs.