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Published byVerawati Atmadjaja Modified over 5 years ago
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Applying ICN UC Workbook on Exclusive Dealing Arrangements
Alvaro Ramos NGA Spain 2018 ICN Unilateral Conduct Workshop, Stellenbosch, South Africa
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Topics European Perspective: Intel case
Difficulties and challenges in enforcing antitrust rules to exclusivity Practical and procedural considerations
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1. European Perspective on exclusivity
Guidance Paper GC ruling on Intel Previous caselaw on exclusivity ECJ appeal on Intel European Commission reaction to the Intel case
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Rebuttable presumption Standard of foreclosure Access to evidence
2. Difficulties and challenges in enforcing antitrust rules to exclusivity Rebuttable presumption Standard of foreclosure Access to evidence
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3. Practical and procedural considerations
Don’t start cases with a long and painful RFI. Identify key data points Identify cases with greater risk of Type II errors Understand early on if a decision imposing a fine and remedies is the right tool Put cases out of its misery quickly but do not punish case handlers for not finding an infringement: Due process is not a “case retardant” but rather the opposite Work with other agencies
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