Álvaro López de Ochoa García’s Post

It has been a pleasure and an honour to interview Cani Fernandez, Chairwoman of the Spanish Competition Authority (CNMC), and cover topics such as the success of the annual conference of the ICN in Barcelona in October 2023, the forthcoming trend areas in the field of competition law and policy, the cooperation between competition authorities and national courts including in the field of damages, sanctions to infringers beyond pecuniary sanctions to companies, the EU DMA and DSA, and the CNMC's cutting-edge AI tools to detect collusion in public procurement.

Friday reflection: Amidst the turmoil in the world and after a very busy week in Brussels (with the Informa Competition Law Digital challenges and Global Competition Review mergers conferences and the EU summit, amongst others), there may be merit in the EU's quest to maintain relevance and "relax" competition rules to foster EU champions and competitiveness (Draghi report). Which as a competition lawyer frightens me a bit... Nonetheless, to foster EU champions and safeguard citizens alike, harmonizing consumer authorities' powers across the EU is imperative. The current fragmented authority landscape, spanning financial services, telecommunications, food, and more, lacks the necessary strength to confront large corporations. The European Commission must enhance and align consumer authorities' capabilities, potentially entrusting national competition authorities (good at enforcing regulation) with all-encompassing consumer rights powers. This strategic move could empower strong EU champions to compete globally while ensuring they are held in check by robust consumer protection agencies within the EU. Wishing you all a lovely weekend! #antitrust #competitionlaw #derechodelacompetencia #consumerlaw

According to the announcement published on the official website of the European Commission on 25/07/2024 (“the “Announcement”), the European Commission ("EU") has concluded negotiations on the Digital Trade Agreement ("DTA"), an agreement that will strengthen the deep and evolving economic ties between the European Union and Singapore and take the relationship to the next level. #europeancommission #digitaltradeagreement #eu #singapore #landmark #agreement #negotiation #legal #compliance #bulletin #legalnews #regulaiton #advocacy #law #zumbullaw https://lnkd.in/e6CH5hif

🌍 Exploring the Fundamentals of EU Law in International Commercial Transactions I'm thrilled to share insights from a recent session on European Union law, led by Gøran Støth. This session deepened our understanding of the EU's complex legal landscape, which is foundational for international commerce. Key Takeaways: EU's Four Fundamental Freedoms: The cornerstone of EU integration, these freedoms movement of goods, services, persons, and capital facilitate seamless transactions across borders. Understanding these freedoms is essential for businesses operating within the EU to leverage these open markets effectively. Product Liability and Consumer Protection: With regulations that uphold strict, qualified, and fault-based liability, the EU protects consumers across its member states. This ensures high standards for products sold and enables consumers to seek recourse when standards are not met. Directives and Decisions: EU directives set goals for member states, allowing local adaptation while maintaining cohesion, while decisions are binding on specific parties. For businesses, grasping these regulations is key to staying compliant and competitive. Case Law and Treaties: From the Lisbon to the Maastricht treaties, EU law provides a cohesive structure aimed at unity, economic development, and sustainable trade practices. Significant cases, like Van Gend & Loos, reinforce the primacy of EU law over national laws, ensuring uniform application across borders. With these insights, businesses and individuals can better navigate EU regulations, drive growth, and ensure compliance in a unified European market. #EULaw #InternationalCommerce #GlobalTrade #BusinessCompliance #EuropeanUnion #EUtrade #University #LNU #PowerPoint

This week, our colleagues Claire Simpson and Erlend Leonhardsen, assisted by Gudlaug Jonasdottir and Rachel Harriott, represented ESA before the EFTA Court in Case E-14/24 Elmatica AS v Confidee AS and Vidar Olsen. 💡 Elmatica claims damages before the Norwegian courts for a breach of the national act implementing the Trade Secrets Directive (EU) 2016/943. In the course of this claim, a dispute has arisen about access to evidence containing trade secrets. The Norwegian Supreme Court seeks the opinion of the EFTA Court on the extent to which EEA law requires national courts, when ruling on such evidential matters: ➡️ to balance the competing interests of the parties, including the right to protection of trade secrets; ➡️ to obtain and examine the disputed evidence, or whether it is sufficient for the national court to have such evidence at its disposal. 🔗 Learn more about the case 👉 https://lnkd.in/ewSRMefa #EEA #EEAlaw #internalmarket #EU #EUlaw #europe #trade

Luca Arnaudo (Autorità Antitrust) published an article titled “New competition regulatory tools: Towards a structure-behavior-performance framework” in #Concurrences 3-2024. Read more here: https://shorturl.at/orpqg This article delves into the groundbreaking development of Competition Regulatory Tools (CRTs, so far known as "New Competition Tools"), drawing inspiration from the UK's market investigations and examines how these innovative tools are being adopted across Europe, with a focus on recent implementations in Germany and Italy in 2023. The article also proposes a comprehensive structure-behavior-performance framework, providing a novel approach and a practical checklist to developing the balanced use of CRTs in today's competitive markets. #regulatory #antitrustremedies #antitrustlaw #competitionlaw #antitrust #droitdelaconcurrence #DireitoDaConcorrencia #competitionpolicy

📖 Contribution| "Why Competition? Voices from the antitrust community and beyond" (Concurrences) ✍ The president of the CNMC, Cani Fernández, and the former Director-General for Competition, María Luisa (Marisa) Tierno Centella, have contributed to the latest Concurrences book, "Why Competition? Voices from the antitrust community and beyond" (pages 363-372). 🔎 They assess how a competition authority can steer enforcement across the instruments at its disposal in a deliberate effort to enhance its efficiency, effectiveness and relevance. 🌍 Featuring insights from leading voices in competition law and policy, including: Olivier Guersent (EU Competition Policy), Frédéric Jenny (OECD - OCDE), Andreas Schwab (European Parliament), Nils Wahl (El Tribunal de Justicia de la Unión Europea), Nuno Cunha Rodrigues (Autoridade da Concorrência (AdC) - Portuguese Competition Authority), Andreas Mundt (Bundeskartellamt) and Andrea Marvan Saltiel (Cofece), among many others. A must-read for anyone interested in the transformative power of competition law and policy! 🔗 https://lnkd.in/e2rscGX3 #CNMC #Competition

On August 1, 2024, the European Commission opened a public consultation to gather feedback on the draft Guidelines on exclusionary abuses of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU). Key Highlights of the Draft Guidelines: - Focus on Exclusionary Abuses: Targets abusive behaviors by dominant companies, such as predatory pricing, margin squeeze, exclusive dealing, and refusal to supply. - Purpose: Ensures fair competition and consumer benefits by clarifying the application of Article 102 TFEU. Guidance Provided: - Principles for assessing dominance and exclusionary abuses. - Categories of conduct and their potential exclusionary effects. - Legal standards and evidence requirements. - Frameworks for specific types of conduct, including exclusive dealing, tying, bundling, and predatory pricing. - Assessment of objective justifications by dominant companies. Next Steps: - Public Feedback: Comments on the draft Guidelines are invited until October 31, 2024. - Finalization: The Commission plans to finalize the Guidelines based on received feedback in the course of 2025. Background Information: - Article 102 TFEU: Prohibits abuse of a dominant position affecting trade within the EU and restricting competition. - 2008 Guidance: Established enforcement priorities focusing on an effects-based approach. - Recent Developments: Extensive case law and feedback have prompted the need for updated and comprehensive Guidelines. For more updates on antitrust regulations and competition law in the EU, follow Global Regulatory Insights. #Antitrust #CompetitionLaw #EuropeanCommission #PublicConsultation #Dominance #Article102TFEU #RegulatoryUpdates #GRI #EU

𝐏𝐥𝐨𝐮𝐦 𝐀𝐜𝐚𝐝𝐞𝐦𝐲 𝐊𝐞𝐲 𝐏𝐨𝐢𝐧𝐭𝐬 𝐨𝐟 (𝐀𝐢𝐫 𝐏𝐚𝐬𝐬𝐞𝐧𝐠𝐞𝐫 𝐑𝐢𝐠𝐡𝐭𝐬 𝐮𝐧𝐝𝐞𝐫) 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 (𝐄𝐂) 𝐍𝐨 𝟐𝟔𝟏/𝟐𝟎𝟎𝟒 | 𝟒 𝐉𝐮𝐥𝐲 𝟐𝟎𝟐𝟒 This seminar will provide an insightful exploration of Regulation (EC) No 261/2004 from a Dutch law perspective. Our focus will be on the interpretation of “extraordinary circumstances” under Dutch case law, with a special emphasis on recent developments such as the impact of COVID-19. We will also discuss the implications of Brexit on the applicability of this Regulation. 𝐊𝐞𝐲 𝐭𝐨𝐩𝐢𝐜𝐬 𝐢𝐧𝐜𝐥𝐮𝐝𝐞: ◆ An overview of Regulation 261/2004 and its objectives; ◆ Examining the definition of “extraordinary circumstances” in article 5(3) of Regulation 261/2004 (with a special focus on COVID-19); ◆ Reviewing relevant case law at both National and European levels; ◆ Discussing the implications of Brexit on the application of Regulation 261/2004; ◆ Providing an overview of the Montreal Convention insofar it regards passenger and luggage claims. 𝐏𝐥𝐞𝐚𝐬𝐞 𝐧𝐨𝐭𝐞! 𝐓𝐡𝐢𝐬 𝐜𝐨𝐮𝐫𝐬𝐞 𝐢𝐬 𝐩𝐫𝐞𝐬𝐞𝐧𝐭𝐞𝐝 𝐢𝐧 𝐄𝐧𝐠𝐥𝐢𝐬𝐡. Sign up: https://lnkd.in/eVYxeb8D

➤ COMPETITION AND CONSUMER PROTECTION • Lukas Cavada, Executive Coordinator for International Affairs at the Bundeswettbewerbsbehörde | Austrian Federal Competition Authority : "The enforcement of competition legislation in #Georgia is moving in the right direction. I am very impressed with the work done on #competition #law in Georgia. It is important to note that competition is something that benefits everyone, and the competition authorities are responsible for ensuring this goal. When you have equal conditions and all market participants adhere to competition rules, you can be sure that it works for the benefit of the economy and the country. • We had a twinning project, and I believe I am very familiar with Georgia's competition law. It is important to highlight the number of ongoing investigations and the purposefulness of the decisions taken. For any economy, it is essential and key to have competition legislation and its effective enforcement, which ensures the fair functioning and openness of relevant markets for everyone." ➤For more details, see 1tv.ge on the program "Business Partner." #IIIinternationalConference #tbilisigeorgia #competitionpolicy #consumerprotection