The European Commission’s positions on inability to pay competition fines, and on the failing firm defence under the merger regulation are superficially different, but the underlying policy concern is the same. The Commission’s 2006 Fining Guidelines envisaged the possibility that some fines ought to be reduced if a firm is unable to pay: “35. In exceptional cases, the Commission may, upon request, take account of the undertaking’s inability to pay in a specific social and economic context. It will not base any reduction granted for this reason in the fine on the mere finding of an adverse or loss-making financial situation. A reduction could be granted solely on the basis of objective evidence that imposition of the fine as provided […]
Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: Standard-Essential Patents “Josh Lerner (Harvard) and Jean Tirole (Toulouse) have a great paper on Standard-Essential Patents. ABSTRACT: A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential…”
Most press comment has been on the Commission’s investigation into Google’s search practices. The Commission has another pending case, however, into Google’s handling of the Android operating system. Alfonso Lamadrid of Garrigues (disclosure: a friend) has written an excellent three part analysis of the complaints against Android lodged with the European Commission. Without commenting on any of his tentative conclusions, the articles highlight the issues to be considered better than anything else you’re likely to read unless and until the Commission makes a decision. (And I know that some will say “even after any Commission decision…”) Post 1 on background + market definition Post 2 on predatory pricing claims Post 3 on the bundling allegations There’s then a guest post […]
Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Chillin’Competition: A Proposal in relation to Commitments “I attach hereafter a link to the presentation on Article 102 TFEU that I gave yesterday at the Mardis du droit de la concurrence. I end up concluding that time is ripe for Communication on Article 9 (or a notice, or guidelines, or a guidance, or whatever a little formal). But more importantly, I make […]”