5th EU-India Competition Week

Monday 5 December 2022

Antitrust cases in digital markets; designing and implementing ex ante digital regulation

09:45-10:00: Registration

10:00-10:15 Opening remarks

• Dr. Sangeeta Verma, Acting Chairperson, CCI
• Mr Seppo NURMI, Deputy Head of Delegation, Delegation of the European Union to India and Bhutan, New Delhi
• Mr Torben TOFT, Senior Expert, DG Competition, European Commission

10:30-13:00 Session I: Experiences with applying antitrust laws to the digital economy / markets

Overview:

• Antitrust concerns that have emerged in specific cases
• Investigative tools and enforcement challenges
• Finding appropriate solutions to particular cases – e.g. interim measures, types of remedies, restorative measures, assessing commitments
• Reflections on antitrust enforcement in practice: too far, too fast versus not far enough and not quick enough
• Lessons learned
• Extrapolating experience from digital cases e.g. as role of data, interoperability or access become a more common feature in traditional markets
• Review of significant cases

Presentations by

• Ms Paloma Lantero Madiedo, Case Handler, DG Competition, European Commission
• Shri Sachin Goyal, Joint Director (FA) and Ms Bhawna Gulati, Joint Director (Law), CCI

Discussion and Q&A session

13:00-14:00 Lunch

14:00-16:00 Session II – The introduction of the EU’s Digital Markets Act

Overview:

• The background and context of the Digital Markets Act (DMA) – identified problems and objectives
• Interaction between the DMA and other rules, including competition law
• Main architecture of the DMA – scope, “gatekeepers” and obligations
• Enforcement of the DMA – governance and enforcement powers
• Next steps, including: implementation phase, notification by potential gatekeepers, developing an implementing procedural regulation

Presentation by

• Ms Paloma Lantero Madiedo, DG Competition, European Commission

Q&A and discussion session with perspectives from the CCI

Tuesday 6 December 2022

Cartels – investigating hub-and-spoke agreements and other atypical cartels; Update on India’s Competition (Amendment) Bill

09:00-09:30: Registration

09:30-10:20 Session I – Update on India’s Competition (Amendment) Bill

Overview:

• Update on legislative proceedings and the proposed substantive and procedural amendments in the Bill
• Implications for CCI

Presentation by

• K D Singh, Director (Law), CCI (30 minutes)

Q&A and discussion session

10:40-13:00 Session II – Investigating hub-and-spoke agreements

Overview:

• Background to hub-and-spoke agreements
• Test for establishing hub-and-spoke agreements – the necessary elements
• Framework for assessment
• Enforcement considerations, such as demonstrating two information disclosures; demonstrating two sets of intent; gaps in the evidence chain; and challenges of using inferences
• Experiences with hub-and-spoke investigations

Presentations by

• Ms Adélaïde NYS, Senior Case Handler, Belgian Competition Authority
• Ms Yakshi Jaisingh Chauhan, Deputy Director (Law), CCI

Q&A and discussion session

13:00-14:15 Lunch

14:15 – 16:00 Session III – Investigating other atypical cartels

Overview:

• Consideration of new forms of a cartel agreement, such as buyer cartels, labour agreements (e.g. no-poach and wage agreements), innovation collusion, etc, and the competition concerns
• Applicable theories of harm and test for assessment
• Should they be investigated as a by object / per se agreement?
• Challenges for investigating atypical cartels
• Case examples

Presentations by

• Shri Kuldeep Kumar, Joint Director (Law), CCI
• Ms Adélaïde NYS, Senior Case Handler, Belgian Competition Authority

Q&A and discussion session

Wednesday 7 December 2022

Competition enforcement and sustainability goals

13:30-14:00 Registration

14:00 – 16:00 Session I – Competition law and sustainable co-operation – perspective from Europe

Overview:

• The EU’s and its Member States response to sustainable development goals – prioritisation of sustainability
• To what extent should competition law apply to sustainability agreements vs maintaining incentives to innovate?
• How to assess sustainability factors in competitive assessments? What to focus on? e.g. anticompetitive practices that block or delay the entry of more sustainable products
• How to weigh the benefits of a sustainability agreement against restrictions of competition?
• Case experiences and guidance to companies
• Consideration of sustainability agreements in the context of the EU proposals to revise the Horizontal Block Exemption Regulations and Guidelines on Horizontal Cooperation Agreements

Presentation by

• Ms Elise PROVOST, Advisor to the Rapporteur Général and Head of the Sustainability Network at Autorité de la Concurrence (French Competition Authority) and Ms Emilie Baronnat, Senior Case Handler and Member of the Sustainability Network at Autorité de la Concurrence (French Competition Authority)
• Ms Jyoti JINDGAR BHANOT, Adviser, Antitrust Division, and CCI Secretary

Q&A and discussion session

16:30-16:45 Closing remarks

• Dr. Sanjay Kumar Pandey, Adviser (law), Competition Commission of India
• Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission