09 - 11 July 2018

Application оf EU Competition Law Tools and Concepts тo Digital Markets

Introduction Top

The training will introduce the judges to the specifics of the application of EU competition rules to digital markets.

The participants will follow a series of lectures and case-study sessions on online business models and platforms, specific challenges of enforcing the competition rules in the digital sector, digital monopolies as a threat to competition and innovation, restrictive contractual clauses for distribution of consumer goods and digital content, and the distinction between anti-competitive conduct and legitimate business practices.

The registration is open for judges from the Supreme Court of Cassation, the Supreme Administrative Court, the appellate courts and the district courts, following the requirements of DG Competition.

Agenda Top

Day 1, 09 July 2018 (Monday)

Time            Subject
08:30 – 09:00

Registration of Participants in Day 1 and Provision of Materials

09:00 – 09:15

Welcome Speech and Introduction to the Project and Its Activities by the Project Manager

Alexandra Tsvetkova, Director of LIBRe Foundation

Module 1. Introduction to Online Business Models, Definitions of Platforms and Multi-sided Markets
09:15 – 10:45

The definition of “platform”. Difference between traditional and online platforms. Reduction of transaction costs

Functionality and economic viability of search engines, social networks and e-commerce platforms

Two-sided and multi-sided markets, transaction and non-transaction markets

Speaker: Kiril Pangelov, Expert in Competition Law
10:45 – 11:00 Coffee Break
11:00 – 12:30

Economies of scale and direct and indirect network effects

Pricing models of online platforms: direct payment, advertisement model, access model, acquisition model

Speaker: Dr.Miroslava Marinova, Expert in Economics and Competition Law
12:30 - 13:30 Lunch
Module 2. Challenges of Applying Competition Rules to the Digital Sector
13:30 – 15:00

Complications in Market Definition and Assessing Relevant Markets

The traditional “Structure-Conduct-Performance” paradigm and the feedback effects of digital markets

Zero-priced services and reliance on price based indicators for competitive assessment

Price structure in multi-sided platforms

Speaker: Kiril Pangelov, Expert in Competition Law
15:00 – 15:30 Coffee Break
15:30 – 17:30

Challenges in Assessing Market Power and Abuse of Dominance

Multi-sided platforms and the assessment of dominance

Reliability of ‘market share’ as an indicator for power in hyper-dynamic markets

Margin squeezing and predatory pricing: complications of the “equally-efficient-competitor benchmark test” when analysing anti-competitive pricing strategies

Speaker: Dr. Miroslava Marinova, Expert in Economics and Competition Law
19:00 – 22:00 Dinner

Day 2, 10 July 2018 (Tuesday)

Time         Subject
08:30 – 09:00  

Registration of Participants in Day 2

Module 3. Digital Monopolies as a Threat to Competition and Innovation
09:00 – 10:30

Network effects and economies of scale: monopolies and oligopolies

Multi-homing and platform differentiation as facilitators of competition

Exclusionary conduct: exclusivity agreements, pre-emptive mergers, high switching costs and user lock-ins, intentional lack of interoperability between online platforms

Speaker: Lora Andonova, Expert in Economics and Competition Law (tbc)
10:45 – 11:00 Coffee Break
11:00 - 12:30

Tying and bundling

Defensive leveraging

Offensive leveraging

Legality of price parity clauses under competition rules and regulatory disparity

Speaker: Lora Andonova, Expert in Economics and Competition Law (tbc)
12:30 - 13:30 Lunch
Module 4. Platforms as Facilitators of Concerted Practices
13:30 – 15:00

Platforms as third party cartel facilitators

Cases of AC-Treuhand AG v European Commission (C-194/14), Eturas and Others (C-74/14), Case AT.39861, Yen Interest Rate Derivates, Cartes Bancaires and MasterCard

Speaker: Lora Andonova, Expert in Economics and Competition Law (tbc)

15:00 – 15:30 Coffee Break
Module 5. Concentrations
15:30 – 17:30

Thresholds for notification in Regulation (EC) No 139/2004 and their applicability to acquisitions of online businesses

Definition of relevant market for online platforms

Case studies: Google/Doubleclick, Facebook/Whatsapp, TomTom/Tele Atlas

Speaker: Dr.Miroslava Marinova, Expert in Economics and Competition Law
19:00 – 22:00 Dinner

Day 3, 11 July 2018 (Wednesday)

Time              Subject
08:30 – 09:00

Registration of Participants in Day 3

Module 6. Types of Restrictive Contractual Clauses for Distribution of Consumer Goods and Digital Content Online
09:00 – 10:30

Territorial restrictions and geoblocking

Restrictions to sell online (online marketplace bans)

Restrictions on the use of price-comparison tools

Pricing restrictions

Exclusivity/Parity agreements

Speaker: Kiril Pangelov, Expert in Competition Law
10:30 – 11:00 Coffee Break
Module 7. Distinction between Anti-competitive Conduct and Legitimate Business Practices
11:00 – 12:30

Leveraging (pure) market power into adjacent markets and leveraging on the basis of merits

Justifications for anticompetitive conduct (Article 101 TFEU)

Predatory low pricing vs optimal pricing response in two sided-markets

Case studies: The Microsoft v. Commission Case COMP/C-3/39.530 and Microsoft v. Commission Case COMP/C-3/37.792

Speaker: Dr. Miroslava Marinova, Expert in Economics and Competition Law
12:30 – 13:30 Lunch
Module 7. Distinction between Anti-competitive Conduct and Legitimate Business Practices (continue)
13:30 – 15:00

Leveraging (pure) market power into adjacent markets and leveraging on the basis of merits

Justifications for anticompetitive conduct (Article 101 TFEU)

Predatory low pricing vs optimal pricing response in two sided-markets

Case studies: The Microsoft v. Commission Case COMP/C-3/39.530 and Microsoft v. Commission Case COMP/C-3/37.792

Speaker: Dr. Miroslava Marinova, Expert in Economics and Competition Law
15:00 Closure of the Event

 

Venue Top

The training on the application оf EU Competition Law tools and concepts to digital markets will be held on 09-11.07.2018 at RIU Pravets Golf & SPA Resort, Pravets.

The RIU Pravets Golf & SPA Resort is situated at a picturesque lake in the vicinity of Pravts town, with a close distance (less than hour) to the capital - Sofia.

 

 

 

 

 

LIBRe Foundation will provide each participant in the training with hotel accommodation (3 nights for the period 08.07.2018 – 10.07.2018, including breakfast and tourist tax for a single-room accommodation), as well as lunches, dinners, and coffee breaks for each training day, in accordance with the training schedule. The participant package includes free use of thermal zone, SPA centre, inside swimming pool, fitness centre, and Internet.

The organiser does not cover expenses for alcoholic drinks, mini bar, telephone calls from the guest rooms or any other personal expenses throughout the training.

The hotel check-in is available after 15:00 in the day of arrival. The check-out should be made not later than 12:00 in the day of departure. You will be notified on any possibilities for late check-outs.

Each participant will be reimbursed for their travel costs for train or bus services after they provide the tickets for the journey. If you use your work or personal vehicle, the travel costs will be reimbursed in accordance with the rules for reimbursement in Bulgaria, considering the type of vehicle, the fuel consumption, and the distance, and after a receipted invoice is provided by the participant.

  • With public transport: bus

Pravets main bus station is located 4,5km from RIU Pravets Golf & SPA Resort. If you choose this option you could request a transfer from the bus station to the hotel. Please notify us on such matter by filling the online Registration form (please use the field “Share your expectations for the upcoming training event”).

  • With personal vehicle: automobile

RIU Pravets Golf & SPA Resort is located at the address: Pravets, 8 Ezeroto Sq. (GPS coordinates: 42°54'32.8"N 23°53'39.9"E). The hotel has a private parking which you could use for free.

Every participant enlisted for the training will receive detail directions for travel and accommodation after confirming their participation.

Speakers Top

Dr. Miroslava Marinova is an expert with a Master Degree in Economics and a PhD in Competition Law (University of Reading, UK). She acted as a case handler at the Bulgarian Commission on Protection of Competition for ten years (2004-2014). Currently, she is working as a freelance expert in Competition Law and Economics on specific cases in Competition Law across Europe.

Lora Andonova is an expert in Economics and Competition Law with more than 10 years in the field in both private and public sector. She worked as an expert at the Bulgarian Commission on Protection of Competition for over 4 years. Currently pursues a PhD in Competition Law in Spain.

Kiril Pangelov is a lawyer with more than 12 years of professional experience in the Bulgarian Commission on Protection of Competition and from 2010 to 2016 he was Director of the Competition Law and Policy Directorate there. In the period from 2013 to 2016 he was a consultant to UNCTAD in the framework of the voluntary peer review of Albania's competition law and policy. He also has professional experience in the field of regulation and supervision in the financial sector. He graduated ’Law’ at Sofia University ‘St. Kliment Ohridski’ in 2002. Besides, as of 2006 he holds a Master's degree in ‘Finance’ from Veliko Tarnovo University ‘St. St. Cyril and St. Methodius’, as well as a Master's degree in EU Law from Sofia University ‘St. Kliment Ohridski’ and the University of Nancy (France) as of 2008. He has specialized in competition law at the Academy of European Law in Trier (Germany) and has an internship in the European Commission's Directorate-General for Competition (Brussels). He is the author of numerous articles in the field of European competition law and co-author of the book ‘The new legal framework for the protection of competition’, ‘Trud i pravо’, Sofia, 2009.

Presentations Top

The presentations from the training will be published after it takes place.

Video (by Modules) Top

Video recordings (by modules) from the training will be published within 1 month after the event takes place.

Training Proceedings Top

Training proceedings will be published within 2 months after the event.

Further Information Top

For more information on the event or if you wish to change the submitted information related to your dates of arrival and departure, you could contact:

Alexandra Tsvetkova

 

 

Project Manager

 

Project Office

GSM: (+359) 884 488 168

 

GSM: (+359) 876 408 233

E-mail: office@constantproject.eu

 

E-mail: office@constantproject.eu

 

Registration Top

You could express your interest for participation by filling in this online form.

Due to the limited number of participants, the applications made by filling in the online form will be accepted in the order of their submission until 15.06.2018.

For each application received, a member of LIBRe Foundation will contact you for confirming that your application was successfully received and/or asking details on the application:

  • Within 3 hours after the application was received – for application received until 15:00 on a working day
  • Within the following working day – for applications received after 15:00 on a working day or on non-working days.

 

Applications made by filling in the online form will be accepted in the order of their submission until 15.06.2018.

The applicants registered for taking part in the trainings will be notified on 16.06.2018.

 

Some of the data you voluntary provide is personal data and falls under the regulation of the Personal Data Protection Act of Bulgaria. The personal data you provide will be managed for the purposes of organising and implementation of the training and for implementation of personal data administrator’s lawful interests related to eventual labour or civil contract with you. LIBRe Foundation is obliged to use, edit, and store your personal data under the guarantee that it will not be disclosed to third parties. We inform you and you hereby agree that LIBRe Foundation has the right to provide your personal data to governmental and municipal authorities, banks, companies, and other organisational and private stakeholders in case there is legal obligation under a special regulation, or in case this is necessary for implementation of your lawful rights as a participant in the training, or if this is necessary for implementation of LIBRe’s lawful rights. The Foundation also has the right to provide your personal data to individuals – employees of the organisation who are assigned to conduct the process of organisation and implementation of the training. We inform you that you have the right to access and request corrections of your personal data, as well as the right to object to the usage and disclosure of your personal data for purposes different from the above.

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