29 April 2016 – 31st antitrust lunch “Competition in the Aviation Sector”

aviation

Dear Friends,

antitrustitalia’s 31st lunch talk is scheduled on Friday, 29 April 2016 at Confindustria Bruxelles (Av. de la Joyeuse Entrée 1 – 1040 Bruxelles – Metro Schuman).

Daniel Boeshertz, Head of Unit Mergers – Transport, Post and other Services – of DG Competition at the European Commission, will give a presentation in English on:

“Competition in the Aviation Sector”

Daniel will discuss the main competition issues and DG COMP’s recent practice in the aviation sector. In particular, the presentation will (i) provide an overview of the Commission’s activities in the areas of state aid and antitrust, (ii) analyse recent merger cases, such as Ryanair / Aer Lingus III and  IAG / Air Lingus, covering various issues relating to market definition, competitive assessment and remedies, and (iii) discuss future developments in the aviation sector.

Daniel has been working at the European Commission since 1995. He is currently heading the merger control unit in charge of transport, post and other services in DG Competition. He also worked in DG Competition in the field of State aid, and in other Directorate Generals (in particular in the DG responsible for tax matters). Before joining the European Commission, he was a collaborator to Valeo, Procter&Gamble, and Arthur Andersen. Daniel is a regular lecturer on competition issues at HEC/CEMS. He graduated from ESCP Europe in 1989.

Refreshments will be provided at 12.30, the presentation will begin at 13.00 and will finish at 14:30.

Entrance is free for antitrustitalia members. For non-members, there will be a fee of €15 to cover the cost of the lunch. Please use this Eventbrite link to register for the event.  Receipts can be printed from the link directly.

As space is limited, please let us know if you are unable to attend, so that we can offer your place to other colleagues. For the non-members who will notify the cancellation by 27 April, the fee will be reimbursed directly from the link above.

antitrustitalia counts on your support!

17 March 2016 – 30th antitrust lunch “Quantity Rebates After Post Danmark II”

PostDanmarkDear Friends,

antitrustitalia’s 30th lunch talk is scheduled on Thursday 17 March 2016 at Confindustria Bruxelles (Av. de la Joyeuse Entrée 1 – 1040 Bruxelles – Metro Schuman).

Nicholas Khan, Legal Adviser in the European Commission Legal Service, will give a presentation in English on :

Quantity Rebates After Post Danmark II

The granting of rebates is a common business practice, but for companies in a dominant position, their latitude to grant rebates has always been constrained by Article 102 TFEU. Much attention has been given to this subject recently, culminating in the Court of Justice’s judgment in Post Danmark II. This addresses quantity rebate schemes, which have no ostensible exclusivity obligation, but the retroactive nature of such a scheme is liable to bring it into conflict with Article 102 TFEU. Although the Court rejects the necessity for sophisticated economic analysis in order to demonstrate the existence of an infringement, uncertainties remain as to how the obligation to consider “all the circumstances” is to be applied in practice.

Nicholas Khan has practised almost exclusively in the field of European law, both in private practice at the Bar in London and for many years as a member of the Legal Service of the European Commission. His experience covers a wide range of matters, including; sex discrimination, free movement of persons, the Brussels Regulation on jurisdiction, anti-dumping, State aid and competition. He has represented the Commission in many significant competition cases before the Court, including Courage v. Crehan, JFE Engineering, Visa/Morgan Stanley, the GIS cartel, MasterCard, Intel, the Air freight cartel and challenges to Commission decisions refusing clearance for mergers in Deutsche Boerse and UPS. He has also been involved in the Damages Directive and the Commission’s role in the coordination of the network of national competition authorities. He follows procedural matters particularly closely and is the author of the 6th Edition of Kerse and Khan, EU Anti-Trust Procedure.

Refreshments will be provided at 12.30, the presentation will begin at 13.00 and will finish at 14:30.

Entrance is free for antitrustitalia members. For non-members, there will be a fee of €15 to cover the cost of the lunch. Please use this Eventbrite link to register for the event.  Receipts can be printed from the link directly.

As space is limited, please let us know if you are unable to attend, so that we can offer your place to other colleagues. For the non-members who will notify the cancellation by Tuesday 15 March, the fee will be reimbursed directly from the link above.

antitrustitalia counts on your support!

17 February 2016 – Vertical Restraints in On-line Sales: Comments on Some Recent Developments

10The next Antitrustitalia event will take place on 17 February at 12:30pm at Confindustria Bruxelles, Av. de la Joyeuse Entrée 1 – 1040 Bruxelles – Metro Schuman.

Luc Peeperkorn and Josefine Hederström (European Commission, DG Competition, Policy and case support in antitrust), will give a presentation in English on:

Vertical Restraints in On-line Sales: Comments on Some Recent Developments

Please click here to download the presentation.

We will discuss about the legal framework applicable to vertical restraints in the online world and certain recent developments in the policy and enforcement activity of European competition authorities as regards online vertical restraints.  We will ask whether certain specific characteristics of online sales create particular challenges for the assessment of vertical restraints and look at certain practices used in online vertical relationships (e.g., the hotels price parity clauses, online sales, platforms).  The main question will be whether some of these practices should be considered hardcore restrictions.

Luc Peeperkorn, after having studied economics and political science at the University of Amsterdam, worked as an assistant professor at the Erasmus University Rotterdam where he specialised in industrial economics, public finance and welfare economics.  In 1991 Luc joined the European Commission, DG Competition. Luc was the co-author of the Vertical Restraints Block Exemption Regulation and Guidelines of 2000 and 2010, the De Minimis Notice of 2001 and 2014, the Transfer of Technology Block Exemption Regulation and Guidelines of 2004 and 2014.  He was also co-author of the Guidance on the Commission’s enforcement priorities in applying Article 82 of 2009.  Josefine Hederström holds a Master degree in International Public Law from the University of Bordeaux IV – Montesquieu.  Prior to joining the European Commission, she worked for the European Court of Justice as a lawyer linguist.  Josefine joined DG Competition in 2016 where she has worked in the cartels units, the energy unit and today in the unit ‘Policy and case support in antitrust’.

Refreshments will be provided at 12.30, the presentation will begin at 13.00 and will finish at 14:30.

Entrance is free for antitrustitalia members. For non-members, there will be a fee of €15 to cover the cost of the lunch. Please use this Eventbrite link goo.gl/PNly1b to register for the event.  Receipts can be printed from the link above directly.

As space is limited, please let us know if you are unable to attend, so that we can offer your place to other colleagues. For the non-members who will notify the cancellation by Monday 16 June, the fee will be reimbursed directly from the link above.

antitrustitalia counts on your support!