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10th-13th December 2018

New Delhi, India

1st EU-India Competition Week

The 1st EU-India Competition Week took place between 10th and 13th December 2018 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, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) and the Organisation for Economic Cooperation and Development (OECD).

The four-day series of roundtable discussions covered a wide range of topics, including mergers in the agro-chemical sector and relevant markets in online platforms, pricing algorithms and cooperation in leniency applications, developing and using screening to detect cartels and assessing rebate schemes. The technical exchanges gave the European and Indian officials the opportunity to discuss their practical experience and share good practices.

The 1st 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 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 will take place annually. The 2nd EU-India Competition Week is scheduled to take place from 9th to 12th December 2019.

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AGENDA

Monday 10 December 2018

Mergers in the agro-chemical sector and relevant markets in online platforms

09:15-09:30: Registration

09:30-10:00: Opening remarks

  • Mr Ashok Kumar GUPTA, Chairman, Competition Commission of India
  • Mr Tomasz KOZLOWSKI, Ambassador of the European Union to India, Delegation of the European Union to India and Bhutan, New Delhi

10:00-13:00: Session I – Case discussion of the Bayer / Monsanto Merger

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

Overview:

  • Market definition in the agro-chemical sector and assessment of competition in the chemicals and seeds markets
  • Mergers in innovation markets – assessing non-price variables
  • Insights into the EU’s review of the merger
  • Insights into CCI’s review of the merger

Presentations by:

  • Mr Marco RAMONDINO, Case Handler, Mergers, Basic Industries, Manufacturing and Agriculture, Directorate-General for Competition, European Commission, Brussels
  • Mr Sachin GOYAL, Deputy Director (FA), Competition Commission of India, New Delhi

Discussion and Q&A session

13:00-14:00: Lunch

14:00-16:30: Session II – Defining relevant markets by reference to mergers in multi-sided markets / online platform

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

Overview:

  • Particular features and challenges of assessing mergers in online/internet sector
  • Defining the relevant market – e.g. in the CCI’s Flipkart/Walmart review
  • Impact of privacy issues, big data on merger review and antitrust cases

Presentations by:

  • Mr Sriraj VENKATASAMY, Joint Director (Law),  Competition Commission of India, New Delhi
  • Mr Marco RAMONDINO, Case Handler, Mergers, Basic Industries, Manufacturing and Agriculture, Directorate-General for Competition, European Commission, Brussels

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 11 December 2018

Pricing Algorithms and Cooperation in Leniency Applications

09:15-09:30: Registration

09:30-13:00: Session I – Pricing algorithms: competition and enforcement implications

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

Overview:

  • Role of algorithms
  • Algorithms in horizontal context and vertical context
  • Application of traditional antitrust concepts – agreements and tacit collusion
  • Can antitrust liability apply to a computer programme?
  • Approach / responses of competition agencies

Presentations by:

  • Mr Pedro GONZAGA, Competition Expert, Competition Division, OECD
  • Mr Renato FERRANDI, Senior Official, Italian Competition Authority
  • Ms Payal MALIK, Advisor (Eco), Competition Commission of India, New Delhi

Discussion and Q&A session with speakers and Ms Carolyn GALBREATH (former Member of the Irish Competition Authority)

13:00-14:00: Lunch

14:00-17:00: Session II – Leniency: Assessing cooperation in leniency applications

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

Overview:

  • Assessing quality of evidence
  • Measuring the value of cooperation
  • Case studies
  • Update on recent amendments to CCI’s leniency policy and effect of changes in practice

Presentations by:

  • Ms Carolyn GALBREATH, former Member of the Irish Competition Authority
  • Mr P.K. SINGH, Advisor (Law), Competition Commission of India, New Delhi

Discussion and Q&A session with speakers and Mr Renato FERRANDI, Senior Official, Italian Competition Authority and Mr Pedro GONZAGA, Competition Expert, Competition Division, OECD

Wednesday 12 December 2018

Developing and using screens to detect cartels

09:15-09:30: Registration

09:30-13:00: Session I – The use of screens to detect cartels

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

Overview:

  • Added value of screening tools
  • Screening approaches: behavioural vs. structural
  • Practical challenges: collecting data; usefulness of simple screens; implementing advanced techniques
  • Example of screening tools

Presentations by:

  • Mr Pedro GONZAGA, Competition Expert, Competition Division, OECD
  • Ms Jyoti JINDGAR, Advisor (Eco), Competition Commission of India, New Delhi

Discussion and Q&A session with speakers and Mr Renato FERRANDI, Senior Official, Italian Competition Authority and Ms Carolyn GALBREATH, former Member of the Irish Competition Authority

13:00-14:00: Lunch

14:00-16:30: Session II – Practical experience with developing and using screens

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

Overview:

  • Application of screening tools

Presentation by:

  • Mr Renato FERRANDI, Senior Official, Italian Competition Authority

Discussion and Q&A session with speakers and Mr Pedro GONZAGA, Competition Expert, Competition Division, OECD and Ms Jyoti JINDGAR, Advisor (Eco), Competition Commission of India

16:30-17:00: General Q&A 

Related to Days 2 and 3 with all experts and speakers

17:00-17:30: Closing remarks

  • Mr Augustine PETER, Member, Competition Commission of India
  • Mr Torben TOFT, Senior Expert, Directorate-General for Competition, European Commission, Brussels

Thursday 13 December 2018

Supplementary session: Assessing rebate schemes

09:15-09:30: Registration

09:30-11:30: Assessing the competitive effects of rebate schemes

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

Overview:

  • Addressing the potential anti-competitive threats and pro-competitive benefits of different types of rebates
  • Form-based or effects analysis
  • Economic assessment – market definition, quantitative and qualitative evidence, role of the AEC test, etc.
  • Case discussion of Intel

Presentation by:

  • Mr Damian KAMINSKI, First Secretary, Trade and Economic Affairs Manager, Delegation of the European Untion to India

Discussion and Q&A session

SPEAKERS

Michel Dupond

Regional manager
Veolia

PRESENTATIONS

The 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 - 10 December 2018


wdt_ID Title Type Organisation Year Region Link
5 Day 1: Mergers in the agro-chemical sector and relevant markets in online platforms Agenda Competition Cooperation 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/2018-11-28-EU-India-CW-agenda_Day-1.pdf
6 Session I - Acquisition of Monsanto by Bayer AG, Mr Sachin GOYAL, Competition Commission of India PPT Competition Commission of India 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-1-Session-1-Sachin-Goyal.pdf
8 Session III - The Application of the Welfare Standard in Competition Decisions, Ms Carolyn GALBREATH, Antitrust Law and International Competition Expert PPT Competition Expert 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-1-Session-3-Carolyn-GALBREATH.pdf
Title Type Organisation Year Region Link

Day 2 - 11 December 2018


wdt_ID Title Type Organisation Year Region Link
5 Day 2: Pricing Algorithms and Cooperation in Leniency Applications Agenda Competition Cooperation 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/2018-11-28-EU-India-CW-agenda_Day-2.pdf
6 Session I - Pricing Algorithms: Competition and Enforcement Implications, Ms Payal MALIK, Competition Commission of India PPT Competition Commission of India 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-2-Session-1-Payal-Malik.pdf
7 Session I - Algorithms and Collusion, Mr Pedro GONZAGA, Competition Division, OECD PPT OECD 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-2-Session-I-Pedro-GONZAGA.pdf
8 Session I - Pricing Algorithms: Competition & Enforcement Implications, Mr Renato FERRANDI, Italian Competition Authority PPT Italian Competition Authority 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-2-Session-I-Renato-FERRANDI.pdf
9 Session II - Leniency: Assessing Cooperation in Leniency Applications, Ms Carolyn GALBREATH, Antitrust Law and International Competition Expert PPT Competition Expert 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-2-Session-2-Carolyn-GALBREATH.pdf
10 Session II - Leniency - Assessing Cooperation in Leniency Applications, Mr P.K. SINGH, Competition Commission of India PPT Competition Commission of India 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-2-Session-2-PK-SINGH.pdf
Title Type Organisation Year Region Link

Day 3 - 12 December 2018


wdt_ID Title Type Organisation Year Region Link
5 Day 3: Developing and using screens to detect cartels Agenda Competition Cooperation 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/2018-11-28-EU-India-CW-agenda_Day-3.pdf
6 Session I - Cartel Screens in the Digital Era, Mr Pedro GONZAGA, Competition Division, OECD PPT OECD 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-3-Session-I-Pedro-GONZAGA.pdf
7 Session I - Screens for Cartel Detection, Ms Jyoti JINDGAR, Competition Commission of India PPT Competition Commission of India 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-3-Session-1-Jyoti-Jindgar.pdf
8 Session II - Practical Experience with Developing and Using Screens: The Italian Experience, Mr Renato FERRANDI, Italian Competition Authority PPT Italian Competition Authority 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-4-Session-2-Renato-FERRANDI.pdf
Title Type Organisation Year Region Link

Day 4 - 13 December 2018


wdt_ID Title Type Organisation Year Region Link
5 Day 4: Supplementary Session: Assessing rebate schemes Agenda Competition Cooperation 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/2018-11-28-EU-India-CW-agenda_Day-4.pdf
9 Intel Case: Assessing Loyalty Rebates, Mr Damian KAMINSKI, EU Delegation to India PPT EU Delegation to India 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Day-4-Session-1-Damian-KAMINSKI.pdf
10 Summary of Commission Decision in the Intel Case Resource European Commission 2018 EU, India https://asia.competitioncooperation.eu/wp-content/uploads/2019/01/Intel-case-summary.pdf
Title Type Organisation Year Region Link

VENUE