2nd EU-India Competition Week

Monday 9 December 2019

Digital markets, Big Data and Competition Law

08:45-09:00: Registration

09:00-09:30: Opening remarks

• Mr. Ashok Kumar GUPTA, Chairman, CCIMr Ugo ASTUTO, Ambassador of the European Union to India, Delegation of the European Union to India and Bhutan, New Delhi

09:30-12:30: Session I – Competition challenges in the digital economy: Big Data and competition law enforcement

Overview:

• Competition and digital markets – overview
• Importance of data
• Data as quality and data as currency
• Impact of data on online markets – competitive advantage?
• Data and market power
• Experience of data related mergers
• Experience of data related abuses of dominance
• Role of regulation?

Presentations by

• Ms Vera POZZATO, Senior Expert, Antitrust: IT, Internet and Consumer Electronics, DG Competition, European Commission
• Mr David ANDERSON, Managing Partner, Bryan Cave Leighton Paisner, Brussels
• Payal MALIK, Advisor (Eco), CCI

Discussion and Q&A session

12:30-14:00: Lunch

14:00- 17:00: Session II – Competition law challenges in the digital economy: Antitrust

Overview:

• Collusion in online markets
• Investigating abuses of dominance in the digital economy – alleged discriminatory or unfair practices, through case discussions of CCI’s Google search case and EU’s Google Android case
• Use of interim measures to deal with developments in fast-moving markets
• Are existing tools sufficient?

Presentations by

• Ms Vera POZZATO, Senior Expert, Antitrust: IT, Internet and Consumer Electronics, DG Competition, European Commission
• Jyoti JINDGAR, Advisor (Eco), CCI

Roundtable discussion and Q&A session with all speakers and experts

16:30-17:00: Session III – The application of the welfare standard in competition decisions

Moderator: Ms Hilary JENNINGS, Special Adviser on Competition Policy, Competition Cooperation Project

Overview:

• Which welfare standard – total welfare vs. consumer welfare
• Theory and practice (e.g. quantification of detriment to consumer welfare in individual cases; burden of proof)

Discussion with DG Competition, CCI and Ms Carolyn GALBREATH (former Member of the Irish Competition Authority)

Tuesday 10 December 2019

Procedural fairness and transparency in antitrust and merger investigations

08:45-09:00: Registration

09:00-10:30: Session I – CCI and EU investigative procedures

Overview

• Description of the investigative procedure framework
• Prioritisation
• Internal checks and balances
• Responding to criticisms
• Judicial review and implications for the exercise of the authority’s powers
• Proposals from India’s Competition Law Review – implications for investigative procedures

Presentations by:

• Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission
• Pranay Kumar Soni, Joint DG, Mr. Alok Tripathi, Joint DG and Mr. Navin Kumar Kanaujia, Joint DG

Discussion and Q&A session with speakers

11:00 – 12:30: Session II – Processes and procedures in inspections / dawn raids

 Overview

• Conduct of the search
• Collection of electronic data
• Procedural fairness aspects

Presentation by:

• Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission

Mr. Pranay Kumar Soni, Joint DG, Mr. Alok Tripathi, Joint DG and Mr. Navin Kumar Kanaujia, Joint DG

12:30-14:00: Lunch

14:00-17:00: Session III  – Fairness and transparency in competition agency proceedings- practical steps

Overview:

• Interaction with parties at different stages of the investigation
• Evidence gathering – tools and challenges
• Digital evidence and procedural fairness
• Access to file and protection of confidential information, and rights of defence
• Limits on powers of investigation

Presentations by

• Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission
• Mr David ANDERSON, Managing Partner, Bryan Cave Leighton Paisner, Brussels
• Sanjay Kumar PANDEY, Director (Law) and Mr. Kamal SULTANPURI, Deputy Director (Law), CCI

Discussion and Q&A session with all speakers and experts

Wednesday 11 December 2019

Leniency programmes and settlements

08:45-09:00: Registration

09:00-10:30: Session I – Evolving leniency regime under India’s competition law

Overview

• Update on CCI’s experience with leniency

Presentation by

• Rahul RAVINDRAN, Director(Law), CCI

Discussion and Q&A session with EU speakers

11:00 – 12:30: Session II – Incentivising leniency applications  

Overview

• Overview of EU leniency process
• Why the decrease in leniency applications?
• Use of new technologies (intelligence / screening tools, information systems, e-leniency) in leniency applications
• Other tools to complement leniency – e.g. protection of whistleblowers
• Improving coordination between agencies’ leniency programmes

Presentation by

• Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission

Discussion and Q&A session

12:30-14:00: Lunch

14:00-16:45: Session III – Settlements and commitments procedures

Overview

• The “ordinary” procedure
• The settlement procedure – scope and procedure
• Suitable cases
• Hybrid settlements
• Effectiveness / Challenges?
• Commitment procedure – scope and procedure
• Suitable cases
• Design of remedies, monitoring and enforcement
• Effectiveness / Challenges?

Presentation by

• Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission
• XXX, EU expert

Commentary / reflections by CCI on settlements and commitments in the Indian antitrust context:

• K.D.SINGH, Joint Director (Law), CCI

Discussion and Q&A session

16:45-17:00: Closing remarks

Ms. Sangeeta VERMA, Member, CCI,

Mr Dirk VAN ERPS, Adviser Antitrust and Cartels, DG Competition, European Commission