

9th-12th December 2019
New Delhi, India
2nd EU-India Competition Week
2nd EU-India Competition Week
The 2nd EU-India Competition Week took place between 09th and 11th December 2019 in New Delhi, India. The Competition Week gathered officials from the European Commission Directorate-General for Competition (DG Competition) and the Competition Commission of India (CCI) to strengthen their dialogue on competition policy. They were joined by officials from the EU Delegation to India and private practitioners.
The three-day series of roundtable discussions covered a wide range of topics, including mergers, digital economy, big data, leniency and settlements. The technical exchanges gave the European and Indian officials the opportunity to discuss their practical experience and share good practices on case handling and enforcement in competition policy.
The 2nd EU-India Competition Week showcased the commitment of DG Competition and the CCI to strengthen their cooperation and technical exchanges on competition policy and law. The Competition Week follows the inaugural Competition Week organized in 2018 and builds on the Memorandum of Understanding signed between DG Competition and the CCI in 2013, to deepen relations and strengthen cooperation between the two agencies. The MoU sets out the framework for discussion on competition legislation, sharing of non-confidential information on legislation and enforcement and technical cooperation.
EU-India Competition Weeks take place annually. The next EU-India Competition Week is scheduled in December 2020.
AGENDA
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
SPEAKERS
Michel Dupond
Veolia
PRESENTATIONS
Please note that information provided in the presentations below is the personal opinion of the resource person and CCI is not responsible for any discrepancy or omission
Day 1 - 09 December 2019
Day 2 - 10 December 2019
Day 3 - 11 December 2019