Antitrust Code by Concurrences

Where Global Merger Control is Really Heading? with William E. Kovacic (GWU Law School), François-Charles Laprévote (Cleary Gottlieb) and Antoine Chapsal (Analysis Group)

In this new episode, William E. Kovacic (GWU Law School), in discussion with François-Charles Laprévote (Cleary Gottlieb) and Antoine Chapsal (Analysis Group), closed the Global Merger Control Conference that occurred in Paris on the 26th of June 2026. If you would like to read more about this conference, see speakers' photos and/or videos, check this page. KEY TAKEAWAYS The Evolving Role of Competition Authorities in Industrial Policy and Innovation - Competition authorities are well placed to advise governments on industrial policy, drawing on their expertise in market dynamics, competition and industry evolution. - Their role should primarily be to inform public policy decisions rather than incorporating broader political objectives directly into merger enforcement. - Expanding competition law to pursue multiple policy goals increases political influence over enforcement and may undermine the independence of competition authorities. - Broad enforcement discretion should be accompanied by greater transparency, clear reasoning and robust disclosure to preserve accountability and legal certainty. - The influence of merger guidelines ultimately depends on consistent implementation, persuasive economic analysis and the development of case law. - Assessing innovation and dynamic competition requires multidisciplinary expertise extending beyond law and economics to include technical and sector-specific knowledge. - Competition authorities need stronger analytical capabilities, better data and greater resources to address increasingly complex regulatory responsibilities. - Effective competition enforcement in innovation-driven markets depends not only on sound legal frameworks but also on sustained institutional investment and technical expertise. DOCUMENTATION Paul Gilbert, Ricardo Zimbron, Anders Jay, Nicholas Levy, The UK Competition Authority clears the merger between 2 major telecommunications companies subject to behavioural commitments (Vodafone / Three), 5 December 2024, e-Competitions December 2024, Art. N° 122350. UK Competition Authority, The UK Competition Authority clears a merger in the telecommunications market subject to legally binding commitments to roll out a combined 5G network (Vodafone / Three), 5 December 2024, e-Competitions December 2024, Art. N° 122329. Veronica Roberts, Kristien Geeurickx, Christon Shenolikar, The UK Competition Authority launches a consultation on the revised merger remedies guidance, 16 October 2025, e-Competitions October 2025, Art. N° 129345. Follow us on LinkedIn to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.

Shifts in merger policy with Guillaume Loriot (DG COMP) and William E. Kovacic (GWU Law School)

In this new episode, Guillaume Loriot (DG COMP) and William E. Kovacic (GWU Law School), in discussion with Séverine Schrameck and Frédéric de Bure (Cleary Gottlieb), opened the Global Merger Control Conference that occurred in Paris on the 26th of June 2026. If you would like to read more about this conference, see speakers' photos and/or videos, check this page. KEY TAKEAWAYS Guillaume LORIOT Deputy Director General for Mergers, DG COMP, Brussels Pre-Notification Efficiency Engagement: A New Commission Mindset - Parties are encouraged to raise efficiency arguments from pre-notification; the Commission can then signal what it will scrutinize most closely. - Understanding the deal rationale has always been standard practice, but is now pushed more actively in complex or borderline cases. - Consistency is key: what parties tell shareholders must align with what they present to the Commission. - Two recent cases illustrate the approach: an aircraft maintenance JV (pooling synergies across global repair sites) and a case in Portugal, where efficiency arguments were engaged with at an early stage. - In both cases, no competition concerns ultimately arose, but early engagement proved useful regardless, particularly for testing whether the claimed benefits resonated with customers. - Analysis at this stage is necessarily lighter than in Phase 2, but provides a first market-grounded read on whether the claimed benefits are credible. - Early engagement is not one-sided: it also disciplines parties to come with a coherent and consistent story, aligned across shareholders, boards, and the Commission. - The goal is not to facilitate clearance: it is to rigorously assess arguments from the outset, requiring substantiated and internally consistent submissions. - This shift in mindset reflects a broader reset: the Commission is willing to engage, but expects parties to come prepared with concrete, verifiable elements from the outset. William E. KOVACIC Professor, GWU Law School, Washington D.C. Ex Post Review: Building Institutional Memory in Merger Control - After-the-fact reviews of agency decision-making are underused and should become standard practice. - The goal is not to prepare elaborate quantitative studies, but to conduct structured reviews of the reasoning and assumptions that drove decisions. - Access to internal files reveals where judgment calls were made and what lessons can be drawn for future cases. - This creates pressure to write honest, substantiated memos at the time rather than retreating into vague generalities. - Transparency at the time of the decision is what makes ex post review meaningful; you can only learn from what was properly documented. - The United Launch Alliance clearance illustrates the value: a 2-to-1 deal cleared under DoD pressure, but documented transparently. - That documentation later proved instructive when assessing what the SpaceX alternative ultimately delivered. - The SpaceX example shows that documenting risks and alternatives at clearance stage can shape smarter policy choices down the line. - Ex post review builds institutional memory, particularly valuable as agencies face a growing range of considerations. - Agencies should ask not just whether a decision was legally sound, but whether the assumptions behind it held up over time. - The 50th anniversary of Hart-Scott-Rodino this September 30th is a timely moment to ask whether premerger notification still delivers the right information at the right time. DOCUMENTATION Sally Evans, Lori Parcel Taubman, Merger Remedies: A Comparison of Recent Developments in the UK, EU and US, 6 March 2026, e-Competitions Merger Remedies, Art. N° 131555. Alejandro Guerrero, Ombline Ancelin, Riccardo Pennisi, Ekram Belhadj, Martin Gramsch, Pablo Moro Valbuena, Laura Cortés López, The EU Commission adopts guidelines clarifying the application of the Foreign Subsidies Regulation across mergers, investigations and public procurement, 9 January 2026, e-Competitions January 2026, Art. N° 131082. Théo Mayer, European industrial policy and merger control: The hypothesis of a right of appeal for the Council of the European Union to address the new challenges of globalization, 1 December 2025, Concurrences N° 12-2025 , Art. N° 130220. Christian Bergqvist, David Bosco, Stephen Dnes, Bowman Heiden, Constance Helfat, Frédéric Jenny, Peter Klein, Nicolas Petit, Luc Soete, David Teece, Designing EU merger policy for competitiveness and growth, 3 November 2025, Concurrences N° 11-2025, Art. N° 129509. Étienne Chantrel, Alexis Walckiers, Can we afford to keep ignoring out-of-market efficiencies in the merger control guidelines after the Draghi report? Insights from sustainability agreements, 3 November 2025, Concurrences N° 11-2025, Art. N° 128941. Sergio Baches Opi, Gun jumping in mergers: An overview of EU and national case law, 31 October 2025, e-Competitions Gun jumping, Art. N° 128786. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.

Merger Control with Charles Beller (U.S. Department of Justice) and Ricardo Zimbron (Cleary Gottlieb Steen & Hamilton)

In this new episode, Charles Beller (U.S. Department of Justice) and Ricardo Zimbron (Cleary Gottlieb Steen & Hamilton) closed the International Merger Conference that occurred in London on the 4th of June 2026. If you would like to read more about this conference, see speakers' photos and/or videos, check this page. KEY TAKEAWAYS Merger Control Policy Shifts and the Role of Efficiencies in the US Framework - Merger enforcement in the US is driven primarily by competitive effects analysis rather than formal efficiency offsets. - Efficiencies are still considered, but they do not operate as a standalone legal defence against anticompetitive harm. - The 2023 Merger Guidelines aim to align enforcement practice more closely with established case law and judicial precedent. - Courts ultimately decide cases, meaning agencies must prove harm before a neutral fact-finder rather than rely solely on guidelines. - Efficiencies may still matter as part of rebutting a prima facie case, but they rarely determine outcomes alone. - The US system prioritizes litigation strategy and evidentiary burden over guideline-driven decision-making. - Enforcement remains focused on dynamic competitive effects, including entrenchment and barriers to entry in evolving markets. - Recent policy shifts reflect continuity in analytical tools, but differences in how they are applied depending on the Administration. DOCUMENTATION US Department of Justice Antitrust Division, The US DoJ requires a cement company and its subsidiary to divest 3 ready-mix concrete plants to proceed with a $712M acquisition, subject to divestiture to a local building materials operator (Taiheiyo Cement / CalPortland / Vulcan Materials), 21 May 2026, e-Competitions May 2026 - IV, Art. N° 134996 US Federal Trade Commission, The US FTC conditionally clears an $848M acquisition between the 2 largest micromarket kiosk providers, requiring divestiture of a competing business and imposing non-discrimination interoperability obligations (365 Retail Markets / Cantaloupe), 1 May 2026, e-Competitions May 2026, Art. N° 134587 US Federal Trade Commission, The US FTC reaches a preliminary settlement with a Texan services provider to restore competition following a decade-long roll-up acquisition scheme (US Anesthesia Partners), 23 April 2026, e-Competitions April 2026, Art. N° 134382 US Federal Trade Commission, The US FTC opens a public consultation on a request to set aside a 2018 merger consent order in the solid rocket motor sector citing market changes and defence priorities (Northrop Grumman / Orbital ATK), 2 April 2026, e-Competitions April 2026, Art. N° 133970 Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences AI tool free of charge for one week by registering on this page.

Rethinking merger guidelines in a changing global competitive landscape with Annemiek Wilpshaar (DG COMP), Joel Bamford (UK CMA) and Jackie Holland (Cleary Gottlieb)

In this new episode, Annemiek Wilpshaar (DG COMP), Joel Bamford (UK CMA) and Jackie Holland (Cleary Gottlieb) opened the International Merger Conference that occurred in London on the 4th of June 2026. If you would like to read more about this conference, see speakers' photos and/or videos, check this page. KEY TAKEAWAYS Joel BAMFORD Executive Director, Mergers, UK Competition and Markets Authority, London CMA Merger Guidance Update – Efficiency, Innovation, and Convergence with EU Approach - The update is part of a broader 18-month programme focused on clarity, predictability, and pace, covering process, remedies, and now efficiencies. - The core legal test is unchanged: efficiencies must be merger-specific, timely, likely, and sufficient to offset anti-competitive effects, supported by verifiable evidence. - The guidance provides more detail on how efficiencies are assessed in practice, with more examples and earlier engagement encouraged from pre-notification onwards. - Dynamic efficiencies fit within the existing framework, but with explicit recognition that benefits may materialise later, calibrated to innovation cycles. - Merger specificity is assessed against what is commercially rational, not merely theoretically possible. - Firms feared that raising efficiencies would cause harm or risk an efficiency offence; the guidance normalises early engagement and confirms that such offence cases are rare. - Entrenchment, portfolio effects, and ecosystem theories are familiar concepts reframed, with outcomes driven by case-specific evidence. - The CMA reviewed Booking/eTraveler on similar theories to the EC but reached a different outcome, showing that a shared framework does not guarantee identical results. - The CMA uses Relevant Customer Benefits to consider wider sustainability and resilience outcomes, but stresses that firm, market, and supply chain resilience are distinct concepts. - The UK’s public interest intervention test provides a separate route for non-competition considerations, applied in banking and during the COVID pandemic. - The CMA maintains close working relationships with the EC, DOJ, FTC, and other global agencies, with regular bilateral engagement well beyond major conferences. Annemiek WILPSHAAR Head of Unit, Markets and cases II, Mergers, DG COMP, Brussels EU Merger Guidelines – Modernisation, Efficiency, and New Theories of Harm - The update reflects 20+ years of case practice and responds to the Draghi/Letta reports on Europe’s competitiveness and productivity gap. - The core objective is to help European companies scale up and compete in global markets, not just to update enforcement rules. - New guidelines shift from a static, category-based approach to a more dynamic, forward-looking framework centred on market power and rival reactions. - For the first time, the Commission explicitly signals that "big is not bad" and that mergers can generate pro-competitive benefits. - A new "theory of benefits" concept requires parties to substantiate efficiency claims with concrete economic mechanisms rather than general statements. - Direct efficiencies (immediate cost savings, quality gains) are distinguished from dynamic efficiencies (longer-term innovation benefits), with more flexibility on timing and quantification for the latter. - Entrenchment concerns apply only to dominant firms in markets with network effects or customer inertia, where the acquired asset is closely related to the dominant firm’s product and important to effectively compete and unique. - Portfolio effects now cover brand loyalty, customer overlap, and cross-product negotiation behaviour (Mars/Kellanova). - Access to commercially sensitive data is confirmed as a standalone theory of harm (UMG/Downtown). - Early engagement is strongly encouraged, particularly on innovation-related claims, as the underlying evidence typically sits with the merging parties. - International coordination with agencies such as the ICN and OECD is routine, especially on global markets, remedies, and purchaser alignment. DOCUMENTATION Peter Alexiadis, Konstantinos Lampropoulos, EU competition policy through an industrial policy lens: Adapting to the post-Draghi world, 1 January 2026, Concurrences N° 1-2026, Art. N° 130944 Olivier Guersent, More competitiveness with less competition… seriously?, 1 June 2026, Concurrences N° 6-2026, Art. N° 135190 Peter Alexiadis, Konstantinos Lampropoulos, EU competition policy through an industrial policy lens: Adapting to the post-Draghi world, 1 January 2026, Concurrences N° 1-2026, Art. N° 130944 Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page.

Private Enforcement with Bernardus Smulders (Court of Justice of the European Union) and Jérôme Philippe (Freshfields)

In this new episode, Bernardus Smulders (Court of Justice of the European Union) and Jérôme Philippe (Freshfields) opened the Private Enforcement in the EU Conference that occurred in Paris on the 2nd of April 2026. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. Key takeaways of Bernardus Smulders (Court of Justice of the European Union) speech "Recent CJEU Case Law on Private Enforcement: Structure, Limits and Emerging Trends": - The Court’s case law structures private enforcement around four key areas: third-party funding, limitation periods, jurisdiction and applicable law, and access to evidence. - On third-party litigators, the Court holds that national rules cannot block claim assignments where no effective alternative exists and individual actions are excessively difficult. - On limitation periods, the Court requires that time limits do not start before the infringement has ended and before the victim can reasonably know the key elements of the claim. - In Nissan, the Court clarifies that the limitation period starts only once the national authority’s decision becomes final, since only then does it bind national courts.- On jurisdiction, the Court adapts traditional rules to collective and digital cases by allowing courts to rely on the affected market as a whole. - In multi-defendant cases, jurisdiction can be centralized if claims are closely connected in order to avoid inconsistent judgments. - On access to evidence, the Court introduces a flexible plausibility test that requires a credible claim while preventing abusive disclosure requests. - Overall, the case law shows a consistent reliance on the principle of effectiveness and a growing role of the Court in clarifying gaps in EU legislation.

Keynote speech by Mark R. Meador (U.S Federal Trade Commission)

In this new episode, Mark R. Meador (U.S Federal Trade Commission) gave a keynote speech during the Tech Antitrust Conference that occurred in Palo Alto on the 15th of January 2026. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. Key takeaways of Mark Meador speech Innovation and Antitrust: Bridging the Silicon Valley–Washington Divide - Both DC and Silicon Valley operate within their own “bubbles,” which creates mutual misunderstanding and leads each side to see the other as either obstructionist or naïve. - The debate is often reduced to a false binary of regulation versus innovation, instead of evaluating each case on its merits. - Not all regulation is harmful and not all innovation is beneficial, so the focus should be on distinguishing wise innovations from harmful ones. - Technology’s promise has not always translated into societal benefit, as the internet democratized knowledge but much of its use has become passive consumption (e.g., short-form video). - AI represents a pivotal inflection point, with the potential to drive breakthroughs in medicine, science, and defense or to deepen social harm and mistrust if left unchecked. - Antitrust enforcement is crucial because competitive markets drive better innovation and prevent the concentration of power that undermines consumer welfare. - Acqui-hire practices pose a real competitive threat, as large firms may acquire startups primarily to commandeer talent and reduce competition, creating “buy and kill” dynamics. - Antitrust law is not outdated—its principles remain applicable, but the challenge is applying them effectively in real-time with modern market data and economic insights. - Enforcement must follow “regular order,” with predictable, fair, and transparent processes to avoid politicized or arbitrary enforcement. - The shared mission is serving the American public, and both regulators and tech companies must build trust and show how their actions benefit ordinary people, not just elites. DOCUMENTATION Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444 Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025 Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025 Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025 Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025 Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122 Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025 Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025 Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

Interview of Daniel Guarnera (U.S. Federal Trade Commission) by Peter Mucchetti & Timothy Lyons (Clifford Chance)

In this new episode, Peter Mucchetti & Timothy Lyons (Clifford Chance) interview Daniel Guarnera (U.S. Federal Trade Commission) during the Tech Antitrust Conference that occurred in Palo Alto on the 15th of January 2026. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. DOCUMENTATION Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444 Ethan Wham, The US DoJ begins the remedies phase in the monopolization case regarding a tech firm’s digital advertising services (Google Ad Tech), 19 September 2025 Ben Rudofsky, Raiber Y. Muhiddin, Meredith Stonitsch, The US Court of Appeals for the Ninth Circuit affirms prohibitory and affirmative remedies to address monopolisation by an app store in a private enforcement action (Epic Games / Google), 31 July 2025 Daniel Gilman, The US FTC pursues a monopolization case over historic acquisitions in the social networking market (Meta), 14 April 2025 Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025 Jody Boudreault, Hugh Hollman, The US District Court for the District of Columbia rules in favor of a Big Tech, rejecting FTC claims of social media monopoly through acquisitions (Meta), 18th November 2025, e-Competitions November 2025, Art. N° 130122 Daniel Gilman, Jonathan Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025 Bradley Weber, Taylor Levesque, Cloud and Competition Policy: Part VIII - Cloud service-AI partnerships: The FTC’s Section  6(b) Report and its antitrust implications in the Trump  2.0 administration, August 2025 Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025

Interview of Gustavo Augusto Freitas de Lima (CADE) by Stavroula Vryna (Clifford Chance)

In this new episode, Stavroula Vryna (Clifford Chance) interviews Gustavo Augusto Freitas de Lima (CADE) before the Tech Antitrust Conference that occured in Palo Alto on the 15th of January 2026. Follow us on Linkedin to receive updates on our next podcast episodes. You can explore our database and try our Concurrences Ai tool free of charge for one week by registering on this page. DOCUMENTATION Italian Competition Authority, The Italian Competition Authority orders a Big Tech company to suspend the terms excluding competing AI Chatbots from WhatsApp (Meta), 24th December 2025, e-Competitions January 2026 - I, Art. N° 130696 Daniel Gilman, The US District Court for the District of Columbia rejects monopolization claims in the personal social networking sector (Meta), 2 December 2025, e-Competitions December 2025, Art. N° 130444 Jéssica Nemeth, Sara Routsi, Beyond traditional M&A : Antitrust perspectives on acqui-hires, contracts, and minority stakes in tech and pharma, 1st December 2025, Concurrences N° 12-2025 , Art. N° 130135 David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025 Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025 Volodymyr Bilotkach, Mergers & Joint Ventures: An overview of EU and national case law, 10 January 2025

Interview of Cani Fernández Vicién (Spanish Competition Authority) by Aleksander Tombiński (Clifford Chance) and Elena Zoido (Compass Lexecon)

In this new episode, Aleksander Tombiński (Clifford Chance) and Elena Zoido (Compass Lexecon) Interview Cani Fernández Vicién (Spanish Competition Authority) before the Antitrust Horizon: Meet the Enforcers workshop. Follow us on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. David Parker, Kotryna Drasutyte, Robert Scherf, Dante Quaglione, Edmond Lee, Bethany Kirkpatrick, Big Tech & Dominance: An overview of EU and national case law, 5 September 2025, e-Competitions Big Tech & Dominance, Art. N° 126896 2. Amelia Mora, Martin Seegers, The EU Court of Justice rules that the limitation periods for cartel damages claims start only after the final decisions of national competition authorities (Nissan Iberia), 4 septembre 2025, e-Competitions September 2025 - II, Art. N° 128629 3. Scott Eisman, Mary Helen Wimberly, The US Court of Appeals for the DC Circuit denies the Government’s motion for a stay and orders the reinstatement of a Democratic FTC Commissioner in a dispute over President Trump’s removal without cause (Slaughter / Trump), 2 September 2025, e-Competitions September 2025 - II, Art. N° 128606 4. Stephen Calkins, Politicization of antitrust: Part II - Politics and communication by antitrust enforcers, July 2025, Concurrences N° 7-2025, Art. N° 126302 5. Oliver Latham, Sam Marden, Politicization of antitrust: Part III - The politician and the judge: Implications for competition policy , July 2025, Concurrences N° 7-2025, Art. N° 126331 6. Stavros Makris, Filip Lubinski, Antitrust and complex democracy: Reclaiming markets from technofeudalism, July 2025, Concurrences N° 7-2025, Art. N° 126683 7. Andreas Heinemann, Interoperability as a catalyst for competition and innovation, July 2025, Concurrences N° 7-2025, Art. N° 126292

Compendium of International Cartels - Antonio Capobianco (OECD) and Ariel Ezrachi (University of Oxford)

Join us for an engaging discussion with Antonio Capobianco (OECD) and Ariel Ezrachi (University of Oxford) on the key themes explored in the Compendium of International Cartels book, published by Concurrences. In this insightful conversation, they examine algorithms and collusion, exploring how algorithms may facilitate tacit or explicit coordination, and examining why enforcement remains limited and what challenges regulators face in addressing algorithmic collusion. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Compendium of International Cartels - Despina Pachnou (OECD) and Maria Jaspers (European Commission)

Join us for an engaging discussion with Despina Pachnou (OECD) and Maria Jaspers (European Commission) on the key themes explored in the Compendium of International Cartels book, published by Concurrences. In this insightful conversation, they examine leniency programs, exploring both their usefulness in detecting cartels and the challenges associated with them. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Compendium of International Cartels - Ori Schwartz (OECD) and Juliette Enser (CMA)

Join us for an engaging discussion with Ori Schwartz (OECD), editor of Compendium of International Cartels, and Juliette Enser (CMA) on the key themes explored in the book, published by Concurrences. In this insightful conversation, they examine international cooperation and how to enhance enforcement and improve cooperation in cartel investigations. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Innovation Paradox in Merger Control, Gönenç Gürkaynak (ELIG Gürkaynak) and Frédéric Jenny (OECD)

Join us for an engaging discussion with Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law (Istanbul)), author of Innovation Paradox in Merger Control, and Frédéric Jenny (OECD) on the key themes explored in the book, published by Concurrences. In this insightful conversation, they examine the complex interplay between innovation and competition policy, highlighting the challenges merger control faces in fostering innovation while ensuring market fairness. Watch the video version on Youtube. Explore the full scope of their analysis by visiting the book’s page on Concurrences. Follow us on Bluesky and join the Concurrences page on LinkedIn to stay updated on our next podcast episodes.

Track Record and Future Prospects- Nils Wahl (European Court of Justice) on Global Merger Control Conference

In this new episode, Nils Wahl (European Court of Justice) delivers a Closing speech on Track Record and Future Prospects at the Global Merger Control conference in Paris on December 6th, 2024. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Muriel Chagny, Étienne Chantrel, Faustine Viala, Illumina/Grail : Halting the practice of Article 22... What comes next? (AFEC, Paris, September 17, 2024), November 2024. 2. Harry Robins, David R. Brenneman, Joshua Goodman, Qian (Susan) Zhu, Damos Anderson, Bernard W. Archbold, John Ceccio, The US FTC issues changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024. 3. Guillaume Fabre, Bastien Thomas, Nicolas Chavonnand Valades, Concentrations in the digital sector: Interplays between the DMA and EU merger control, September 2024 4. Iveta Stoyanova, Luis Moscoso Del Prado, The EU Commission publishes a FSR brief recapping the first 100 days of the Foreign Subsidies Regulation, 22 February 2024. 6. Madani Bah, David Tayar, Oligopolistic markets: The Court of Justice of the European Union overturns the judgment of the General Court annulling the Commission’s decision to prohibit a merger in the telecoms sector, in a very severe ruling that sets out the standard of proof that the Commission must meet when prohibiting a merger (CK Telecoms UK Investment), 13 July 2023. 7. Maren Tamke, Josef Hainz, Jean-Nicolas Maillard, Emmanuelle van den Broucke, Paul Lemmen, The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast), 16 March 2023.

The Future of Competition Enforcement in Mexico: Insights on the Cofece Reform and Its Impact with Aleksander Tombiński (Clifford Chance) and Andrea Marvan Saltiel (COFECE)

In this new episode, Aleksander Tombiński (Clifford Chance) interviews Andrea Marvan Saltiel (COFECE) on The Future of Competition Enforcement in Mexico: Insights on the Cofece Reform and Its Impact. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Andrea Marván Saltiel, Lucia Ojeda, Andrea Marván Saltiel (COFECE): Navigating institutional change in Mexico, February 2025. 2. Mexican Competition Authority, The Mexican Competition Authority undergoes a transitional period prior to the replacement of Cofece with a new agency, 6 January 2025. 3. Mexican Competition Authority, The Mexican Competition Authority announces its position on the Organic Simplification Proposed Reform which includes the dissolution of the Federal Economic Competition Commission as an autonomous constitutional body, 23 August 2024.

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Key Insights on Digital Mergers, Antitrust Frameworks, and the Impact of the Draghi Report with Neil Dryden (Compass Lexecon) and Olivier Guersent (DG COMP)

In this new episode, Neil Dryden (Compass Lexecon) interviews Olivier Guersent (DG COMP) on Key Insights on Digital Mergers, Antitrust Frameworks, and the Impact of the Draghi Report. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Fiona Carlin, I. Europe’s response to a shifting world order and the implications for EU competition policy, February 2025. 2. Irene de Angelis, II. Draghi Report - A new competition tool: A necessary renewal of existing practices?, February 2025. 3. Arianna Andreangeli, A new agenda for growth: The Draghi report and competition policy, February 2025. 4. James Killick, Assimakis Komninos, Tilman Kuhn, Strati Sakellariou-Witt, Giulio Preti, The EU Commission publishes the Draghi Report calling for changes to State Aid and competition policy, 9 September 2024.

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Big Tech, AI Partnerships & Antitrust: Navigating Competition in the Digital Age with Douglas Ginsburg (U.S. Court of Appeals) and Jorge Padilla (Compass Lexecon)

In this new episode, Jorge Padilla (Compass Lexecon) interviews Douglas Ginsburg (U.S. Court of Appeals) on the Big Tech, AI Partnerships & Antitrust: Navigating Competition in the Digital Age. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Xénia Brun, Antitrust and the Digital Economy: Legal Standards, Presumptions, and Key Challenges, January 2025. 2. J. Clayton Everett, Jr., Brendan Fee, Joshua Goodman, Minna Lo Naranjo, Rishi Satia, Braden Fairweather, The US FTC and DoJ jointly withdraw the Antitrust Guidelines for Collaborations Among Competitors, 11 December 2024. 3. Christophe Carugati, Rima Alaily, Gregor Langus, Norbert Maier, Rashid Muhamedrahimov, Tone Oeyen, Yesim Yargıcı, Rafael Longo, Marta Rocha, Friso Bostoen, Anouk Van der Veer, Artificial Intelligence and antitrust, May 2024. 4. Barbara T. Sicalides, Brett E. Broczkowski, The US FTC launches an inquiry into generative AI investments and partnerships by dominant companies to ascertain if they could distort innovation and undermine fair competition (Alphabet / Amazon / Anthropic / Microsoft / OpenAI), 25 January 2024. 5. Richard S. Taffet, Marc Rysman, Katie Glynn, Jonathan M. Jacobson, Linda Cenedella, Joanna Christoforou, Nicholas Pellow, Jon R. Roellke, Jorge Padilla, Albert Riera, Xavier Vives, Rainer Schwabe, Tech’s Impact on Financial Services Competition, November 2021.

DOJ's Antitrust Battles: Google, Algorithms, and Big Tech with Peter Mucchetti (Clifford Chance) and Aaron D. Hoag (U.S. Department of Justice)

In this new episode, Peter Mucchetti (Clifford Chance) interviews Aaron D. Hoag (U.S. Department of Justice) on DOJ's Antitrust Battles: Google, Algorithms, and Big Tech. This discussion occurred at the Tech Antitrust conference in Palo Alto on January 16th, 2025. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Daniel Gilman, Jonathan M. Barnett, Walid Chaiehloudj, Kai-Uwe Kühn, Miroslava Marinova, Geoffrey Manne, Bilal Sayyed, Ioannis Stefatos, Gregory Werden, Courtney Radsch, Karina Montoya, The Google Search decision: The merits, fate, and potential impact of the U.S. District Court’s decision on the question of liability, January 2025. 2. Justin P. Murphy, Trump 2.0 : What to expect in antitrust enforcement, 4 February 2025. 3. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024. 4. Irving Scher, How the FTC can harmonize its rejuvenated Robinson-Patman Act enforcement with contemporary antitrust policies, November 2024. 5. Herbert Hovenkamp, James A. Keyte, Herbert Hovenkamp (University of Pennsylvania): The need for objective measures in antitrust law, September 2024.

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Has the Biden Administration Changed Antitrust? Discussion between Daniel Francis (NYU School of Law) and Andrew Finch (Paul, Weiss)

In this new episode, Daniel Francis (NYU School of Law) and Andrew Finch (Paul, Weiss) deliver an Opening Fireside Chat on the question: Has the Biden administration changed antitrust? This discussion occur at the Global Antitrust Economics conference in New York on November 12th, 2024. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Abbott (Tad) Lipsky, Lisl Dunlop, Alden Abbott, Deborah Garza, Maureen Ohlhausen, Nathan Wilson, Michael A. Carrier, Taylor Alexander, Luis Blanquez, Steven Cernak, Richard Dagen, Erich Makarov, Allan L. Shampine, Eleanor M. Fox, Leslie C. Overton, U.S. elections and Antitrust : Is the past prologue?, November 2024 2. US Department of Justice Antitrust Division, The US Court of Appeals for the First Circuit affirms the blocking of 2 major airlines’ non-compete agreements in the Northeast (American Airlines / JetBlue), 8 November 2024 3. Ryan K. Quillian, Pegah Nabili, The US FTC and DoJ publish the HSR Annual Report for 2023 showing historically low levels of merger enforcement, 10 October 2024, e-Competitions October 2024 4. US Federal Trade Commission, The US FTC unanimously votes in favour of changes to its pre-merger notification form under the Hart-Scott-Rodino Act, 10 October 2024 5. David B. Schwartz, Rebecca A. D. Nelson, Emilee L. Hargis, Stephen Scannell, The US District Court for the Western District of Washington highlights risks and impacts from using pricing algorithms in a case brought by the FTC against a Big Tech company (Amazon), 30 September 2024. 6. Jamillia Ferris, Meghan Rissmiller, Jan Rybnicek, Matthew D. McDonald, Sam Fulliton, The US FTC and DoJ issue final merger guidelines which represent a significant departure from the 2010 Guidelines and reflect the expansive enforcement approach followed by current antitrust agencies’ leaderships, 18 December 2023. 7. Karen M. Lent, Kenneth Schwartz, The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers, 18 January 2022.

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Article 102 Guidelines: Discussion between Nicholas Khan KC (Monckton Chambers) and Christian Ahlborn (Covington & Burling)

In this new episode, Nicholas Khan KC (Monckton Chambers) and Christian Ahlborn (Covington & Burling) deliver a Closing Fireside Chat on Article 102 Guidelines at the New Frontiers of Antitrust conference in Paris on November 22nd, 2024. Read the transcript of this episode on your Spotify or Apple Podcasts application. Follow us on Bluesky and join the Concurrences page on Linkedin to receive updates on our next podcast episodes. If you would like to read more about this conference, check this page. If you would like to read about this topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription. 1. Marie Cartapanis, Claire Mongouachon, AEC Test : The Court of Justice of the European Union dismisses an appeal brought by the European Commission and rules on the application of the most effective competitor test (Intel), 24 October 2024. 2. Kevin Coates, The EU Commission publishes for public comment its draft Guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU, 1 August 2024. 3. Elisabetta Rotondo, The EU Court of Justice hands down a judgement finding that a football association’s rules which preclude the creation of competing associations breach the EU competition law (ESLC / UEFA / FIFA), 21 December 2023. 4. Giovanni Pregno, The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia), 19 January 2023. 5. Anne Wachsmann Guigon, Nicolas Zacharie, Daniel Green, Notion of abuse: The European Court of Justice specifies the criteria to be used to qualify the abuse of a dominant position characterised by exclusionary practices (Servizio Elettrico Nazionale), 12 May 2022. 6. James Killick, Jacquelyn MacLennan, Mark Powell, The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC, 24 February 2009.