The seminar will focus on abuse
of dominance cases. We will build on topics that were discussed during the
first seminar, such as market power, consumer welfare, and foreclosure effects
in order to discuss basic economic and legal concepts that are particularly relevant
in Article 102 cases. Topics will
include the assessment of substantial market power (dominance), barriers to
entry and expansion, “excessive” prices, refusals to deal with rivals, and low
price strategies that might foreclose competitors. The seminar will rely heavily
cases and case hypotheticals to illustrate key concepts and to discuss how
economic and legal questions can be resolved in actual cases before courts.
The seminar will focus very specifically on
investigation techniques and strategies in merger proceedings. We will have a
close look at best practices for preliminary phase 1 investigations. For more
complex phase 2 investigations topics such as essential planning and
investigation steps, questionnaires and market surveys, gathering of
econometric data, conducting state of play meetings, market testing of remedy
proposals and drafting of decisions will be addressed. Experienced
practitioners from OECD countries will give presentations, sharing their
experience. Throughout the seminar a hypothetical merger notification and
investigation will be the guiding theme. The participants will be asked to work
in breakout groups on a couple of merger specific
tasks on all three days of the seminar and to present their results to the
group or to take part in role plays. During the breakout sessions they will be
supported in their work by the OECD experts.
The seminar will provide an update on recent developments in the
area of Art. 101 TFEU, with a special emphasis on procedures and on restrictive
information exchange agreements (day 1).
On day 2 we will focus on investigation techniques and case
management and will provide targeted trainings for different groups of the GVH
staff. Expert practitioners will share their experience on the drafting of
decisions and settlements, on economic analysis in merger procedures, on
investigation plans and interview techniques in cartel proceedings and on the
evaluation of health claims in consumer protection proceedings.
9-10 May 2014
The seminar will focus on the assessment of damages in
competition cases. We will build on topics of the previous two “fundamentals
seminars,” and discuss actions for damages in hardcore cartel cases, the area
in which most actions for damages have been brought to date, as well as abuse
of dominance cases, where actions for damages face particular challenges. The
seminar will focus on the role of economists in calculating damages, including
the models they use, and on how courts can and should examine the evidence
presented by economists. The seminar will also focus on practical questions
that can arise in actions for damages, including access to evidence, managing
cases with multiple parties, and on the legal framework shaped by European case
law and the (proposed) EU Directive on private litigation in competition cases.
Discussions in breakout groups will illustrate key concepts and provide insight
in how economic and legal questions can be resolved in actual cases before
The focus of the seminar will be on a special kind of
cartels – bid rigging cartels. Characteristics of bid rigging cartels will be
examined, their treatment as a criminal offence in many jurisdictions and also
ways of detecting bid rigging cartels. We will use OECD materials on bid
rigging and also on screens for cartel detection. The interplay between the
detection of bid rigging cartels and of leniency programmes will be discussed.
As public procurement is often the victim of bid rigging we will also focus on
ways to alert public procurement officials to illegal cartel activities and on
designing tenders and we will compare different approaches to competition
advocacy and to co-operation between competition authorities and other government
agencies in this
area. Participants will share their experience with experts from OECD countries
in lectures and case studies. Practical exercises on hypothetical cases
involving all the participants will complement the presentations and will serve
as an opportunity to apply the learnings of the seminar.
especially food retail, pose a lot of different challenges to competition
authorities as they are frequently investigated and always meet high public
interest. The seminar will provide a better understanding of market definition
and methodology, topics in merger control (oligopolistic markets, buyer power),
vertical restraints (exclusive dealing, RPM), special phenomena such as
category management and will also provide insights into sector inquiries. The
topics will be addressed and discussed in lectures by competition experts from
OECD countries and in case studies presented by the participants.
This seminar will be organised and financed jointly by the OECD-GVH RCC and the
Federal Antimonopoly Service of the Russian Federation.
In this seminar we will examine an industry that
has a key function for economic development: airports. Airports offer services
and facilities to airlines and passengers, freight handlers and ground handling
agents as well as to many other businesses that carry out airport related
activities. Often airports are state owned or at least closely monitored or
regulated by the state. The essential facilities doctrine plays an important
role in the application of competition law. We will compare regulatory
approaches and competition cases and look at competition problems at different
levels of airport activity. Studies that analyse the competitive situation of
and at airports will be introduced by international experts, who will also give
an overview of airport related competition case law. FAS Russia will introduce
its experience and relevant competition cases. In discussions and a case study
we will aim at gaining a better understanding of the competition topics and of
some approaches for resolving them. A roundtable discussion will follow
are participants from the following countries: Armenia, Azerbaijan,
Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan,
Ukraine and Uzbekistan.
evidentiary challenges arise in establishing abuses of dominance. In order to
establish a finding of dominance, competition authorities usually rely on
indirect evidence such as market shares and barriers to entry. There is typically
no single factor that leads to a finding of dominance, so it can be difficult
to determine how much and what type of evidence is sufficient. Equally, the
establishment of an abuse raises evidential complexities. The types of conduct
that constitute an abuse can be difficult to establish and competition
authorities face the difficult task of weighing evidence in support of an abuse
against evidence suggesting that the conduct was a legitimate practice. An
effects based approach will use economic methodologies to determine the abuse.
The seminar will explore these issues through presentations by competition
officials from OECD countries, case studies presented by the participants and
hypothetical case studies. We will circulate a draft agenda in due course.
will be participants from the competition authorities of Albania, Armenia,
Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Georgia,
Kazakhstan, Kosovo, Kyrgyzstan, FYR of Macedonia, Moldova, Montenegro, Romania,
the Russian Federation, Serbia and Ukraine.