09 - 11 July 2018

Application оf EU Competition Law Tools and Concepts to Digital Markets [archived]

Summary Top

The training on the application оf EU Competition Law tools and concepts to digital markets was held on 09-11 July 2018 at RIU Pravets Golf & SPA Resort, Pravets. 16 national judges attended the training.

The participants followed 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.

According to participants’ feedback, the strongest accents in the training were its practical approach and the numerous examples with up-to-date market services, discussions on specific cases from the European jurisprudence, the national supervisory authority and the Bulgarian courts, as well as speakers’ expertise and experience. The quality of the training materials and the overall event organisation were also highly assessed.

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 a “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 was held on 09-11.07.2018 at RIU Pravets Golf & SPA Resort, Pravets.

LIBRe Foundation provided 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 included free use of thermal zone, SPA centre, inside swimming pool, fitness centre, and Internet.

Each participant was reimbursed for their travel costs.

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

Day 1, 9 July 2018

Day 2, 10 July 2018

Day 3, 11 July 2018

Video (by Modules) Top

Day 1, 9 July 2018

Day 2, 10 July 2018

Day 3, 11 July 2018

Training Proceedings Top

"Application оf EU Competition Law Tools and Concepts to Digital Markets" Training Proceedings (2018) presents the spakers' and project team's efforts to further enhance the training conducted in July 2018 by providing additional materials and guidance on the topics discussed.

The training proceedings include:

'Introduction to Online Business Models, Definitions of Platforms and Multi-sided Markets (Part 1)' by Kiril Pangelov (available only in Bulgarian)'

'Introduction to Online Business Models, Definitions of Platforms and Multi-sided Markets (Part 2)' by Dr Miroslava Marinova (only in Bulgarian)

'Challenges of Applying Competition Rules to the Digital Sector: Complications in Market Definition and Assessing Relevant Markets' by Kiril Pangelov (available only in Bulgarian)

'Challenges in Assessing Market Power and Abuse of Dominance' by Dr Miroslava Marinova (available only in Bulgarian)

'Digital Monopolies as a Threat to Competition and Innovation' by Lora Andonova (available only in Bulgarian)

'Platforms as Facilitators of Concerted Practices' by Lora Andonova (available only in Bulgarian)

'Mergers and Market Concentrations' by Dr Miroslava Marinova (available only in Bulgarian)

'Types of Restrictive Contractual Clauses for Distribution of Consumer Goods and Digital Content Online' by Kiril Pangelov (available only in Bulgarian)

'Distinction between Anti-competitive Conduct and Legitimate Business Practices: Abuse of a Dominant Position in a Common Market' by Dr Miroslava Marinova (available only in Bulgarian)

The texts are selected and prepared for publishing by the CONNECTOR project team in the face of Alexandra Tsvetkova, Project Manager.

The preparation and publication of these proceedings is organized and coordinated by LIBRe Foundation.

Further Information Top

For more information on the agenda and the overall organization of the event or with respect to published training materials, you could contact:

Project Office

 

 

GSM: (+359) 885 038 359

   

E-mail: office@constantproject.eu