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Introduction to competition law

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Osman Zafar

on 22 March 2011

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Transcript of Introduction to competition law

Introduction to the EU and Competition Practice
Osman Zafar, David George & Dev Kumar, 12 January 2011
D. Questions?
B. Articles
101 & 102: law & examples

C. What do you
need to know?

A. Overview:
key concepts

Article 101
Example 2
Who is the client?
Why were we instructed?
What is the product?
Structure of the market?
What were the allegations?
What did we do?
What will happen next?
Example 1
Article 101
Who is the client?
Why were we instructed?
What is the product?
Structure of the market?
What were the objectives?
What did we do?
What will happen next?
Article 102
Examples 1 & 2
Who is the client
Why were we instructed
What is the product?
Structure of the market?
What were the allegations?
What did we do?
What will happen next?
Article 101 & 102
What are SSOs?

Why have them?

What issues arise?
When can we help?
Commercial negotitions
Vertical arrangements
Horizontal collaborations
R&D collaborations
Patent pools
Mergers/joint ventures
Commercial agreements
Competition defences in IP litigation
Tactical manoevres
Assist with surprise inspections by authorities
... usually during business hours
Dawn raid training to follow...
When can we help?
When can you help?
When can you help?
The competition experience...
European Commission
European Union
Member States (e.g. UK)
e.g. OFT
Sectoral regulators
e.g. Ofcom
Competition Appeal Tribunal
High Court
General Court
Court of Justice
Who regulates?
Who adjudicates?
Manufacturer (licensor)
Where to start?
Where to start?
Where does it matter?
Where does it matter?
What is competition?
Why have competition law?
Focus: multilateral conduct
101(1) – significant restriction on competition
101(2) – automatically void
101(3) – unless exempted (block exemption; or individual exemption)

Horizontal collaboration
Vertical collaboration
Article 101
Article 102
Focus: unilateral conduct

Thank you for listening
What about IP law?
What about IP law?
Relevant market?
Relevant market?
Who cares?
Who cares?
The law
The law
IP law grants monopolies and controls competition
Competition law seeks to promote free competition in the market
"The fact that IP law grants exclusive rights of exploitation does not imply that IPR are immune from competition law intervention…[n]or does it imply that there is an inherent conflict between IPR and the [EU] competition rules. Indeed both bodies share the same basic objective of promoting consumer welfare and an efficient allocation of resources.”
How is competition regulated?
How is competition regulated?
“The following shall be prohibited…: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market”
“Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.”
Civil litigation (damages)
Criminal liability
Agreements void or unenforceable
Director disqualification
Damaged company reputation
Merger review consequences
Intellectual property rocks!
Competition law rules!
The Myths...
The Truths...
It’s all number crunching/markets
It’s saying “No” to successful companies
It’s all EU Regulations and Directives
You have to be multilingual
Broad and diverse
Ever-present and topical
Opportunity to work with the best
The competition experience...
“The consumer is at the heart of competition enforcement. We want markets to work better, not for an abstract notion of ‘free competition’, but because better functioning markets provide consumers with better goods […] at better prices.” (Neelie Kroes, 2006)
Misuse of meetings for cartels
Discrimination against licensors
Discrimination against licensees / third parties
Set standards
License pool of essential patents
Pursue infringers
One stop shop
Lower fees
Full transcript