2024 Day 2: Article 102 & Digital MarketsTuesday, 6 August 2024

• Abuse v legitimate competition
• Theories of harm and the special responsibility
• Objective justification and efficiencies
• Market definition and shares
• Pricing: do’s and don’ts
• Exclusivity, tying and bundling
• Regulatory abuse
• Enforcement of Article 102

• The rationale for effects-based enforcement
• The Commission enforcement guidelines – key economic principles and concepts
• Review of illustrious cases
• The as-efficient competitor test
• Exploitative abuses: pharmaceuticals
• Challenges for finding workable compliance principles

• Current policies and key issues
• Practical challenges
• Review of recent decisions
• Procedural considerations

• Introduction to competition law in digital markets: what are the issues at stake?
• Digital Markets Act
• Abuse of dominance concerns
• Algorithmic collusion
• The role of innovation
• Merger control considerations
• Lessons learnt from recent cases
• The role of innovation
• Economists’ perspective

During this practical session you will build on the issues analysed in the previous session through a hypothetical case to help you understand crucial Article 102 issues and what practical challenges can arise. You will have an opportunity to listen to both sides of the case and decide for yourself what its outcome should be.