Much of the Commission’s focus in recent years has been on the unique competition issues borne out by the digital economy. Understand your clients’ strategies and the most pressing issues they are facing. Don't worry, the survey is completely anonymous. 2020 (Lead DG: DG CNECT). the New Competition Tool, implemented by DG COMP. The Commission is looking towards the future and is acutely aware that more traditional sectors of the economy are inevitably going to adopt more digitally enabled outlets to connect with customers. The Commission envisages clarifying the scope of competition rules in the TFEU for collective initiatives that promote sustainability in food supply chain. In particular, the EU executive body would be able to impose … This sector screen showed that the Food and Beverages market was performing poorly. July 2 2020 2 Jul 2020 Webinar Reform of the VBER : What changes to expect ? Market Investigations: A new competition tool for Europe? ... add New Notebook add New Dataset. The Commission is expected to publish a legislative proposal by the end of 2020. "I enjoy your publication and read it religiously. Netherlands. Action 10 (shared by DG AGRI and DG COMP). Time's up for about 40 percent of the managers at the European Commission's competition department. See documents . In our opinion, given the DMA’s closeness to competition law enforcement, DG COMP should definitely have a prominent … Perhaps the businesses that will find the Commission’s new NCT initiative the least surprising are those who’s names immediately spring to mind when phrases like “the digital economy” and “Big Tech” are used. The European Commission (the Commission) launched its initiative for a “ New Competition Tool ” (NCT) on 2 June 2020. Dancers Inc. We've Moved! We note insights from the similar tool in the UK show how it has already operated in some markets to impose interoperability and data portability remedies on platforms, accelerating innovation, technological development, and … DG Comp reduced fines against the three companies involved in the cartel – Dole, Del Monte/Weichert and Chiquita – by at least 60 per cent, chiefly because the industry was governed by a regulatory regime based on quotas and import tariffs. per se prohibited) as well as a list of ‘white’ conducts (i.e. Email: Ex Ante-Ante Intervention (or, the “New Competition Tool (‘NCT’)”) The third pillar of the new antitrust revolution is a new market investigation tool to address “certain structural risks for competition” with a particular emphasis on markets with network, scale, and data effects (e.g. However, the market is still not achieving competitive outcomes due to, for example, high concentration, high entry barriers, consumer lock-in, lack of access to data or data accumulation. The two Inception Impact Assessments the DMA Proposal is based on attribute the lead role to DG CNECT and DG GROW, with regard to the ex-ante regulatory instrument, and to DG COMP, regarding the market investigation mechanism (formerly presented as the ‘New Competition Tool’). Q&A guide to the Brexit Trade & Cooperation Agreement, Asset Management & Investment Funds: EU & International Developments - Mar 2021, Recent developments in Professional Indemnity (PI) insurance in the Irish construction industry, EDPB responds to questions on processing health data, Asset Management & Investment Funds: Irish Practice Developments - Mar 2021. If you feel like helping us, please complete the questionnaire by 25 May. DANCERS INC. Competitions & Conventions For a new Generation by a new Generation. Dollar General makes shopping for everyday needs simpler and hassle-free by offering an assortment of the most popular brands at low everyday prices in convenient locations and online. News & press releases Publications Resources About us Contact us Home Resources. While DG COMP has to examine all notified mergers (see paragraph 16), it enjoys discretion in deciding whether to investigate alleged infringements of antitrust rules. UK CMA. Such scenarios cannot be addressed under the current competition rules but could be tackled through a new market investigation tool … The 2016 Milk package (at the Council’s initiative) and the 2017 Omnibus Regulation (at the EP’s initiative) already enhanced the collective negotiation powers of farmers. In particular, 4 expert reports have recently been published by well-known academics on behalf of DG Competition. The aim was to create a set of well-developed and effective competition rules, to help ensure that the European market functions properly and provide consumers with the benefits of a free market system. The Commission would not be required to establish any actual competition law infringement has occurred and would not be required to establish the dominance of any single competitor. Kaggle is the world’s largest data science community with powerful tools and resources to help you achieve your data science goals. From a business perspective, the impact that the NCT will have is dependent on which of the four options of the NCT (as currently proposed) is eventually adopted. When we ran our meme contest, Isabelle de Silva (President of the French Competition Authority) suggested that we should again use the best memes … Central to the Commission’s initiative are its four proposed options outlining the form that the NCT might take. According to the Commission, the objective of the consultation is to collect stakeholder views on: a. whether there is a need for a NCT to ensure fair and competitive markets (with a view to improving European consumer welfare) and. Industry4Europe is creating a range of tools and resources to help promote its campaign for an ambitious EU industrial strategy. The sector is also subject to scrutiny at EU Member State level, while the US and Chinese antitrust regulators are closely … DG Competition's Manual of Procedures for the application of Articles 101 and 102 TFEU is an internal working tool intended to give practical guidance to staff on how to conduct an investigation applying Articles 101 and 102 TFEU. Finally, Mr Chapman emphasised the call for reassurance on the length and cost of investigations, as well as the applicable checks and … In June 2020, DG Competition of the European Commission opened a public consultation concerning the adoption of a New Competition Tool (NCT). During the online conference, the authors of the reports will present their studies and engage in a debate with practitioners. In October 2019, it was reported in the press that DG COMP had opened a competition law investigation against Apple in relation to its Apple Pay service. We explore insights from the similar tool in the UK, show how it has already operated in some markets to impose interoper-ability and data portability remedies on platforms, accelerat-ing innovation, technological development and competition, and make recommendations for how market investigations It is striking to see that the DMA borrows very largely from competition laws, and from the tools and investigation means available to competition authorities. The Commission has detailed four possible options regarding the form the new power could take, each differing in threshold for application and scope. Joint civil society statement in response to the inception impact assessments on a new competition tool ex ante regulatory instrument for large online platforms acting as gatekeepers . He is in charge of competition enforcement through Antitrust, Merger and State aid control in IT, media and telecom markets. Inspired by the powers of the UK Competition & Market Authority (CMA) in the context of market investigations, the NCT would grant to the European Commission new enforcement powers. b. the characteristics that such a NCT should have in order to address structural competition problems in a timely and effective manner. Two important aspects common to all four options (regardless of which option is adopted) are: (a) the application of the NCT will not require any prior finding of an infringement (for example, pursuant to Article 102 TFEU); and (b) the application of the NCT would not result in the imposition of fines (meaning no follow-on damages claims could be brought), nor any finding of an infringement of the EU competition rules. The Commission can currently enforce competition law in a number of ways, including: investigations where it suspects a breach competition law (e.g. 2. As DG COMP usually receives more information on competition problems than it can actually investigate with the resources it has available, it has to set priorities. The DG Comp’s own 2007 Single Market Review first identified economically important sectors, then examined indicators of market performance, such as the degree of competition and the sector’s openness to investment and innovation. per se allowed) by dominant online platforms, leaving to competition law enforcement the task of assessing the ‘grey’ conducts that do not fall under any specific category. 2272 | Conferences. The Commission makes plain that the magnitude of the shift in the status quo caused by the rise of digital markets and the characteristics typical of these markets has heavily influenced its approach to the new initiative. The Commission’s public stakeholder consultation, which aims to gather views from relevant stakeholders on the perceived impact of the options proposed, is now open with the deadline for responses being 8 September 2020. The combination of data with technologically advanced tools such as pricing algorithms and machine learning is increasingly changing the competitive landscape in the digital markets. It's our party and we'll dance if we want to. technology markets). Posted on15th October 202024th November 2020. See documents. The European Commission ("EC") just announced two new studies in the mobile payments sector. The European Commission, together with the national competition authorities, directly enforces EU competition rules, Articles 101-109of the Treaty on the Functioning of the EU (TFEU), to make EU markets work better, by ensuring that all companies compete equally and fairly on their merits. The event thus aims at stimulating the public discussion concerning the DMA proposal, which will be debated by the Council and the European Parliament in the course of 2021. The overarching goal of the NCT is to give the Commission a new power that would allow them to impose behavioural and structural remedies in markets where they have identified certain competition issues. The Commission comments that this would affect the overall timeliness of intervention. In other words, the NCT would grant to DG Competition similar powers to those ones enjoyed by sector regulators in network industries. Particular market characteristics that the Commission highlights as being problematic relate to what they term as “structural risks for competition” and a “structural lack of competition”. According to the Commission, digital markets display typical characteristics that can result in outcomes that are not competitive but that are beyond the reach of the current competition rules. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. 19 avenue Jean Aicard 75011 Paris, France 106 West 32nd Street, Suite 144 New York, NY, 10001, USA 563 Chiswick High Road W4 3AY London, UK 1949 Bulletin. Sweet Sixteen Season, Take Two! the ˝rm level and comes from the records on the bene˝ciaries of indirect cost compensation provided by DG COMP and from the Orbis Bureau Van Dijk database. This benefits consumers, businesses and the European economy as a whole. Commission, Parliament and Council), National Competition Authorities, as well as industry representatives to discuss the pros and cons of the Digital Markets Act (DMA) proposal. The Commission notes that part of the rationale of the impact assessment for a possible New Competition Tool, which it launched on 2 June 2020, 46 is to address structural risks for competition that may require early intervention to prevent the creation of powerful market players with an entrenched market and/or gatekeeper position. Use An Amazon Niche Product Finder Tool Like Jungle Scout. DG COMP (Brussels) Belgium 2 contributions 2193 visits. Within the Commission, the Directorate-General (DG) for Competition is primarily responsible for these direct enforcement powers. In parallel to the NCT public consultation, the European Commission has also launched a consultation concerning a Digital Services Act (DSA). The new eLeniency tool allows companies involved in such proceedings and their lawyers to file statements and submissions online, as part of leniency applications to receive immunity or a reduction of fines, as part of cartel settlement procedures, or as part of cooperation in non-cartel cases. However, there are low-competition keywords that this site does not drive traffic for yet. Articles. RELATED MATERIALS . A public consultation has been launched to gather stakeholder views on the introduction of the NCT. In terms of social impacts, not surprisingly, the Commission identifies option 3 – the least restrictive and most wide-ranging option – as likely to have the biggest impact in terms of safeguarding consumer welfare in the long term. Chillin’Competition now wants to follow up with a bit of hope, and with a challenge. With this poll, we want to find out how the competition community feels about DG COMP's enforcement and policy priorities for the next EU Commission mandate. The proposal will likely merge the DSA and the NCT into a single legislative framework, currently known as Digital Markets Act (DMA). The event is timely since the Commission is expected to publish the DMA proposal by the end of 2020. In June 2020, DG Competition of the European Commission opened a public consultation concerning the adoption of a New Competition Tool (NCT). In a recent interview with Bloomberg, Commissioner Vestager is reported to have indicated that DG Comp’s review of Google’s plan to buy Fitbit Inc. for $2.1 billion will not involve privacy regulators. Against a backdrop of years of enforcement action involving many of these companies, the Commission has not been shy in signalling its intention to work to ensure that EU competition policy and rules were fit for (and could keep pace with) the digital economy (particularly with the release of the Commission commissioned April 2019 independent Special Advisers report on “Competition policy for the digital era”). Please contact [email protected]. The New Competition Tool consultation - the "nuclear" option? The New Competition Tool is one of the three pillars through which the Commission seeks more effective competition across the economy and a fairer digital ecosystem with a view to strengthening the Single Market for the ultimate benefit of European consumers. Norway . In June 2017 the OECD Competition Committee held a roundtable on the topic as a part of the wider work stream on competition in the digital economy, in order to discuss some of the challenges raised by algorithms. The Commission’s view is that the NCT is required to ensure competition policy and rules that are fit for the modern economy, with a particular focus on digital markets. From an Irish perspective, the Irish Department of Business, Enterprise and Innovation is also seeking the views of parties interested in the proposed NCT by 24 July 2020 on the Commission’s proposals. Four options are proposed for the form the NCT might take, differing in threshold for application and scope of application. These options are outlined below. We would now like to prove this. While the Commission accepts that these characteristics have most recently been identified in digital or digitally-enabled markets, it does not rule out the application of the NCT (under options 2 and 4) in other sectors (highlighting that the entire economy is increasingly digitised). Become your target audience’s go-to resource for today’s hottest topics. The overarching goal of the NCT is to give the Commission a … Guillaume was previously the Deputy Head of Cabinet of Vice President Joaquin Almunia, EU Commissioner for Competition Policy, between 2010 and 2014, and he also held different positions in DG COMP. Structural lack of competition, as the Commission sees it, may not be the result of the conduct of any particular player in the market. September 29 2020 29 Sep 2020 Webinar EU New Competition Tool : A paradigm shift in competition rules for the digital economy and beyond ? Market concentration (2018) Market study methodologies for competition authorities (2017) Geographic market definition across national borders (2016) The role of market studies as a tool to promote competition (2016) Market Definition (2012) Market Studies (2008) RELATED EVENTS. We don’t have enough data to display all the information typically shown here. New Zealand. Under this heading, the Commission also highlights an increased risk for tacit collusion (even in markets with numerous competitors), where market transparency is greater than ever due to the increasing prevalence of algorithm-based technological solutions. August 24, 2018 11:27 am. Options 1 and 3 would be applicable across all markets, similar to how Articles 101 and 102 TFEU are currently applied. The Working Group on Competition Policy is responsible for the legislation contained in Annex XIV and Protocols 21-25 of the EEA Agreement. According to the Commission, digital markets display typical characteristics that can result in outcomes that are not competitive but that are beyond the reach of the current competition rules. 26 “The new competition tool should enable the Commission to address gaps in the current competition rules and to intervene against structural competition … Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Skip to ... add Host a Competition. Competition policy is about applying rules to make sure companies compete fairly with each other. On the possible ex … As such, we welcome enactment of a new Market Investigations Regime, as contemplated in the consultation for the New Competition Tool, implemented by DG COMP. However, the Commission also makes clear its view that these characteristics can also exist in non-digital markets, and that the increasing digitalisation of the economy will inevitably result in the differences between digital and non-digital markets becoming increasingly blurred. On the other hand, the NCT opens important questions in terms of legal certainty for the undertakings, and it blurs the traditional difference between ex-ante regulation and ex-post competition enforcement. What is even more striking is the proximity between the objectives the DMA seeks to achieve - aiming to ensure the contestability and fairness of digital markets - and those of competition laws - to ensure that markets continue to function … Why a new competition tool? A proposed new competition tool to deal with structural competition problems across markets which the Commission perceives could not be tackled or addressed effectively on the basis of the current competition rules (e.g. In terms of the likely impact on fundamental rights, the Commission acknowledges that – as all policy options will have an impact on the way in which companies can act on any given market – account will have to be taken the rights of defence and the right to judicial review of companies subject to intervention under the NCT. The Digital Services Act consultation - new … Introducing PRO ComplianceThe essential resource for in-house professionals. Marieke Scholz is Deputy Head of the Unit responsible for antitrust case support and policy of the European Commission’s Directorate General for Competition. In this context, it may come as a surprise to businesses in more traditional sectors that the most wide-ranging option currently proposed would give the Commission the power to intervene in any market (where it was of the view that competition issues exist preventing that market from functioning properly), and to impose behavioural, and even structural remedies. Two competition … The online conference will take place on 16th November 2020. Subscribe now The aim of such a tool would be to Competition law experts usually agree that political meddling is extremely rare in the intermediate stages of an investigation, as EU officials fear the possibility of an appeal before the European Court of Justice. Competition. CategoriesNews, Online ConferenceTagsdigital services act, new competition tool, Technological Change and Society research group cluster. The European Commission is currently consulting on a proposal for a new power (the NCT) that would allow them to impose behavioural and structural remedies in markets where they have identified certain competition issues. We use cookies on Kaggle to deliver our services, analyze web traffic, and improve your experience on the site. However, given that the new competition tool allows the imposition of remedies without a finding of illegality, the Commission might, in fact, resort to the new competition tool rather frequently, and perhaps to the detriment of existing, more tightly constrained powers. 344-5 Route 9, #321. According to the Commission, options 1 and 2 would be more challenging to apply effectively as they would necessarily involve an investigation and the application of the legal test for a finding of dominance. In simple terms, online platforms (benefitting from network effects, extreme returns to scale and data advantages etc.) The NCT aims at ‘speeding up’ the competition policy enforcement, which is currently perceived as ‘too slow’ taking into consideration rapid industry developments, especially in digital markets. Global Competition Review (GCR) is a leading global provider of competition law, regulation and enforcement information, combining data, deep market insight and a user-centric platform to provide our clients with powerful legal solutions. If DG COMP plays by the bloc's HR rules, several bosses will have to pack their bags and leave the department's Madou Tower headquarters next year. If used properly, AliExpress data can be your best product research tool. Lanoka Harbor, NJ 08734. DG COMP cases can all be summarized as being a four-stage process: the opening, the investigation, the right to defence, the close. are key enablers of digital trade. Sign up for a free trial find marketing opportunities using our tools for: Content and topic analysis (New) Competitive … Place Madou 1 / Madouplein 1 • 1210 • (postal office Box: 1049) • Bruxelles / Brussel • Belgium Structural risks for competition, as the Commission sees them, relate to markets where early entrants (often online platforms) may have built up an entrenched position resulting in those market players possessing a “gatekeeper” role. Regardless of whether your business traditionally operates online or not, the NCT has the potential to reshape your industry and its development should be closely monitored. The European University Institute (EUI) invites you to the online conference “The Digital Markets Act: EU Competition Policy at a Crossroads.” Within the EUI, the event is organised under the umbrella framework of the Technological Change and Society research group cluster, as a first-time joint venture between the Florence Competition Programme (FCP) and the EU Competition Law and Policy Workshop. The European Commission concluded both public consultations in September 2020. Below you will find images and visual media, infographics and links to organisations that are related to Industry4Europe's activities. Resources. The Commission, however, is looking towards the future and is acutely aware that more traditional sectors of the economy are inevitably going to adopt more digitally enabled outlets to connect with customers. The next generation search tool for finding the right lawyer for you. The mobile payments sector is on regulatory tenterhooks following the increase in the use of mobile wallets and the entry of new competitors, including tech companies, in the sector. Questions? Core to the Commission’s reasoning for the proposed introduction of the new power, is that its enforcement experience in both antitrust and merger cases in various industries points to the existence of structural competition problems that cannot be tackled under the current EU competition rules. In particular, the EU executive body would be able to impose remedies in markets characterised by structural competition problems without the need to identify a specific competition law infringement. In terms of scope, options 2 and 4 would be limited in that they would only permit the application of the NCT to markets most prone to the problematic characteristics highlighted by the Commission. addressing markets that the Commission believes are susceptible to tipping). Each option outlines varying iterations of both the requirements and scope for application of the NCT. Romania . Inspired by the powers of the UK Competition & Market Authority (CMA) in the context of market investigations, the NCT would grant to the European Commission new enforcement powers. Businesses operating on (traditionally) nondigital markets, however, may be surprised to learn that the reach of whatever NCT is adopted will have (at least) the potential to disrupt their industry. This encourages enterprise and efficiency, creates a wider choice for consumers and helps reduce prices … Groups the Commission is encouraging to submit their views include: a. companies with business operations in the EU, f. academics and research institutions with a focus on EU competition law. Articles 53 - 60 of the EEA Agreement covers competition. White Paper on Foreign Subsidies - raising a 'red flag' in Brussels? menu. Options 3 and 4 would cover all identified structural competition problems, including scenarios involving dominant companies, but also structural competition problems that are not necessarily related to dominance (e.g. While the precise content of the proposal is still unknown, the latter has already received some attention by academics. DG COMP's Internet of Things sector inquiry; The Market Definition Notice review - fine tuning or a new instrument? The latter legislation would also introduce an ex-ante regulation vis-à-vis digital gatekeepers: the DSA, in fact, would include both a list of ‘black’ behaviours (i.e. The proposal will later be debated within the Council and the European Parliament in the course of 2021. Amongst other things, this event is intended to generate input that can be used at the traditional yearly session of EU Competition Law and Policy Workshop in the Spring/Summer 2021. DG COMP . The Commission is currently seeking feedback on the latter two points. The Commission launched the NCT initiative on 2 June 2020 as one of two initiatives (the other being the Commission’s initiative on platform-specific ex ante regulation, which seeks to provide a fair trading environment for the platform ecosystems in the EU’s internal market). Following the outcome of the consultation (in addition to other evidence and data collection exercises), the Commission has signalled its intention to publish a legislative proposal regarding the NCT in Q4 of 2020. The conference aims to gather academics, practitioners, officials from the EU institutions (i.e. Businesses are increasingly more dependent on them to reach their customers resulting in those platforms wielding market power over those businesses (whose success depends on access to markets and consumers).
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