 | |||
| [Friendly enforcers in sunny Edinburgh] |
Agenda, here. Livestream here.
[Disclosure: I'm a low key ICN NGA for the Italian Competition Authority]
Some running comments:
COFECE taking centre stage is interesting, and perhaps a subtle warning, given that the government has largely dismantled it.
The EU and everybody else taking cues from South Africa in revising its merger guidelines (broader policy goals)?
Nobody talks about cartel enforcement any more, says Andreas Mundt. Nor of vertical restraints, if I can add. I'd resuscitate the whole area for more growth and innovation (a whole PhD on the latter).
Enforcement of the German "New Competition Tool" - strategic decision in many ways, also rescuing it ;-).
Looking at something else than competition? Mundt very sceptical...
The EU perspective, beyond Draghi:
- Not much.
Coffee Break
ACCC: my Q, where is the Final Report? Update: we heard "soon"
The importance of continous monitoring...
#DMAlove
The future...
We've being saying it for ages, of course.
Japan: Guidelines not public yet, in case you were asking.
Google first case: broad cease and desist order. How is it going, BTW?
Google second case: restriction of search tech (commitment)
Ongoing: Amazon Marketplace
GenAI Market Study
India:
AI market study
Digital Competition Bill: stakeholder comments currently analysed (heard from a contact it isn't going very well though)
Meta case: express consent case (sounds also familiar - see also Nigeria) - cease and desist order; data protection there not yet enforced; competition policy perspective.
Two Google orders
Cases beyond GAFAM
- Quick commerce: misusing access to data - predatory pricing (AI)?
France:
Challenge, keeping up with AI. Is there still a race for size, etc.? Google: publishers rights, their data trained for AI. Conversion between search and AI agents?
Dense forest of regulation, to be navigated also by CAs. Any red tape?
Interaction between competition and data protection: Apple ATT (data protection "design" can be anticompetitive). Cooperation "promoted" by EU judges.
OECD advertisement.
US Keynote (FTC):
Adam Smith, yes I was waiting for it!
Global Competition Initiative, yep. Wondering right now if due to EU's low key there is a space to fill...
Dynamic and pro-workers economy
Short party speech - that wouldn't normally fly that well here... (Sherman was a Republican Senator; Big Tech's censorship...). Quite significant right after Andreas Mundt's comments firmly against the politicization of antitrust.
Draghi's red tape credo supported, "regulatory capture is very real"
Not a fan of the DMA: rigid criteria for designation; lacks finesse, lacks tailoring of remedies, excalating fines, extraterritorial effects.
Just yesterday, Tim Sweeney was saying how US enforcers could now possibly criticise the EU for what it’s doing with the DMA when their own judges are siding with it – well, we’ve seen how [I guess the FTC Chair couldn't resist the temptation of emulating JD Vance in Munich].
GenAI: AI regulation isn't good, risk based yeah...
Final part of his speech is a vey good example of "innovation rhetoric" - I guess his Colleague Meador would have been more nuanced and useful.
---------
Entrenchement theories of harm in merger control: Nothing that you as WavesBlog Reader don't know already.
Google/FitBit, Google/DoubleClick/; Booking/eTraveli - strengthening core position of power, you name it.
"Clear limiting principles"
- relevance of the assets for the core market;
- qualitative effects, dynamic effects;
- protecting the little competition there is left.
--------------
Unilateral Conduct Plenary
Perhaps slides would be helpful – the intro remarks listing cases are almost impossible to follow (I'm a sinner too, my Students complain).
Sweden wishes for 102 Draft Guidelines- very well advanced, says Prof. Fox.
Now, Prof. Fox stirring up things asking the right question: Is your jurisdiction's unilateral conduct law fit for the purpose in digital? I voted no, of course. Sweden mentioning also the possibility of a NCT at the EU level and in Sweden.
Japan: introduced ex-ante regulation to identify very specific market problems.
Spain: yes if applied flexibly and in a speedy manner.
Mentioning Android Auto as an example of a Court taking into consideration incentives to innovate: Hallelujah.
[I wonder whether this Conference format shouldn't be changed a bit, 23 y. after Naples - but I'm sure the ones watching online miss all the interesting bits].
_--------
DAY TWO
Cartel
Nice to hear from Chile - the star of competition authorities in South America, I heard. The Casino Operators case is worth a movie! Already on my syllabus.
Interesting approch by NZ: spotting industries prone to cartels and establishing "relationships".
Spotted TikTok videos by CAs? Handy for teaching too...Leniency applicants saw seem to watch them too.
UK Cartelist? Banned from public procurement for 5 y. unless you apply for leniency. Adam Smith would be impressed!
Chile: algorithmic collusion? No too much (enforcer's) of a problem.
Teresa Ribera
I've seen many competition commissioners already: she's an impressive quick learner...
Merger guidelines, get your submissions ready!
"Culture of compliance" in digital, still a bit of work to do ("adaptation").
Replying to the FTC Chair: you go after gatekeepers your way (ex post) we do it our way (ex post, ex ante). But happy to cooperate! "Mutual respect."
Short and sweet...
Talking about food, an NGA from COMESA kicking it off magnificently
Not able to follow it live, sadly.
Listening to it on the go. Much impressed by ACCC intervention to allow for ALDI's and other discounters market entry.
"Nachfragemacht" of retailers is an evergreen topic, I think the EU tried it all (regulation, mostly). ACCC mentioned APIs for price comparisons. Un-conflicted AI-agents? Not living in the desert, I know exactly where the vegetables I eat come from. Small farmers deserve admiration and protection. Great project.
Do competition authorities need more tools?
Nigeria deserves a shoutout, indeed. I think the ICN should be vocal in supporting members when attacked by Big Something. I hope next Steer will be a bit more muscular ans proactive in this respect (modest suggestion as a distant NGA).
Hong Kong Fish Market dawn raid: 180 people! Also worth a movie.
--------
DAY THREE
While waiting for it to start, what can we reasonably expect from this interview with Gail Slater? From their perspective, enforcement is what matters - apparently. Will she mention ex-ante as complementary to ex-post, to an extent? Rather unlikely but happy to be wrong. Perhaps a kind word on international cooperation? How will she translate her America First Antitrust for an international audience?
Trial team, DOJ Google Search: 30 witnesses for the DOJ, 6 months of discovery, 40 depositions for 40 days.
Stimulate economic growth, innovation. At the macro level, energy, fiscal policy, taxation, deregulation. (Anticompetitive regulation in the marketplace).
Trump merger review: very popular mandate - America first. Speeding up merger process (39 early terminations since March); open to settlements (Kanter wasn't).
Trump digital cases: focus on Big Tech; Google cases, not partisan; Google Search DOJ Team: sounds happy; unfreezing the search market by scale and data. Adtech: remarkable judge. Two remedy cases at some point might converge - against size and data, but also behavioural measures. The whole world is watching, Sarah says.
America First Antitrust:
- first principles standpoint
-- tyranny.gov and .com (roots of the country)
-- textualism, precedent, but also modern economics (?)
-- anticompetitive regulation.
Foundational principles of the ICN...
International cooperation: get in touch, you can even call me mum, younger Delegates!
Off now 👋
