AlixPartners
Self-Preferencing in Digital Markets: The Focus of Enforcement and Emerging Trends
17 Jul 2023
Location: 12:00pm -1:00pm UK Time Virtual Event (Zoom) Members: FREE to attend - Book by 17 Jul Non Members: Register above as a member and attend for FREE - Book by 17 Jul
Highlights
Since the European Commission’s milestone Google Shopping decision, self-preferencing theories of harm have taken a key role in European competition enforcement in digital markets. Recent (proposed) regulation of digital markets targeting certain forms of self-preferencing reinforces the focus on such practices. Understanding the impact on consumer outcomes of self-preferencing conduct, and determining which forms self-preferencing should be priority for enforcement, can be complex. Our panel will consider the following issues:
- What is self-preferencing, and how do authorities and the courts assess whether such conduct infringes the law?
- What forms and context of self-preferencing should be considered likely materially detrimental to consumers and a priority for enforcement?
- How has self-preferencing as a standalone abuse affected the ability of authorities or claimants to challenge behaviour of dominant digital firms?
- How should and do authorities take into account efficiencies from self-preferencing? Are you concerned that the DMA does not explicitly allow for such considerations? How do you think the DMU should approach these issues in the UK?
- What are the activities or contexts where we may see new types of self-preferencing cases emerge?
Partner and Managing Director
AlixPartners
Matt is an expert economist who represents clients in complex competition and regulatory matters that often require testimony in court. He has served as an expert in cases in the UK High Court, Irish High Court, UK Competition Appeal Tribunal, and Hong Kong courts and regularly submits expert reports to regulatory authorities and competition authorities. Matt has significant experience in the financial services, electricity, healthcare, and gaming sectors and leads AlixPartners' economics work in the telecom, media, and technology industries. Matt has master's degrees in economics and physics from the London School of Economics and the University of Oxford, respectively.
AlixPartners
Partner, Antitrust & Competition
Willkie Farr & Gallagher
Michelle Clark is a partner in Willkie's Antitrust & Competition and Litigation practices in London. Her areas of practice include competition litigation, UK and EU regulatory investigations and GDPR/Data Protection Act 2018 compliance and litigation.
Michelle is recognised in the market as a leading competition lawyer with particular experience in competition litigation. Acting for both claimants and defendants, she regularly coordinates multi-jurisdictional litigation with a particular focus on collective actions, cartel damages and abuse of dominance claims, often involving intellectual property and FRAND issues. Her experience includes litigating in the English High Court, the Competition Appeal Tribunal and the Court of Appeal. Michelle also advises clients in relation to competition investigations, both infringement proceedings and market sector inquiries, and consequential appeals and judicial reviews following decisions of competition and regulatory authorities. Michelle's vast experience spans multiple industries, with a particular focus on the financial services, automotive, retail, sports, media, pharmaceutical and technology sectors. Michelle also provides strategic and general competition counselling advice. Alongside her busy competition litigation practice, Michelle is a highly regarded data protection lawyer. She regularly advises US/EU companies on GDPR and Data Protection Act 2018 compliance, data transfers, breaches and data protection litigation.
Michelle is recognised by Law.com in its "Rising Stars 2022: The UK's Best Up and Coming Female Lawyers" list, as one of the UK's top 25 female lawyers under age 40. Michelle was also ranked as a "Next Generation Partner" by The Legal 500 for Competition Litigation in 2022. BAR ADMISSIONS Michelle is admitted to the England & Wales and Scotland Bars.
Michelle received an EU Competition Law Masters from King's College London in 2017, a Diploma in Legal Practice from University of Glasgow Graduate School of Law in 2007 and an LLB (Hons) from University of Glasgow in 2006.
Willkie Farr & Gallagher
Antitrust & Foreign Investment Partner
Linklaters
Jonathan is a Partner in our Antitrust & Foreign Investment group and has extensive experience across a range of competition matters, including merger control and complex antitrust issues. Jonathan has advised a number of companies in relation to competition investigations conducted by the FCA, the CMA and the European Commission and advises companies across a diverse range of sectors, including financial services, pharmaceuticals and utilities.
Jonathan has particular expertise on UK competition law issues having spent six months on secondment to the mergers branch at the Competition and Markets Authority.
Particular work highlights include advising:
- Jonathan’s experience includes advising:
- National Fostering Agency on its acquisition of Acorn Care and Outcomes First Group
- Anglo American on its UK construction materials joint venture with Lafarge
- Intu plc on its aborted merger with Hammerson plc
- TMX (owner of the Toronto Stock Exchange) on its acquisition of Trayport
- Visa Europe on its acquisition of Rambus’ payment tokenisation services
- Teva/IVAX in relation to the CMA’s investigation into paroxetine
- Centrica plc in the CMA’s market investigation into retail and wholesale energy supply
- In relation to a CMA investigation into alleged excessive pricing in the pharmaceutical sector
Linklaters
Barrister
Brick Court Chambers
Robert O'Donoghue KC has extensive experience of competition law, EU law, utility regulation, and related aspects of commercial and public law. He has appeared in major cases in the High Court, Competition Appeal Tribunal, Court of Appeal, Supreme Court, EU Courts, Irish courts, international arbitral bodies, and in oral hearings before competition authorities and sectoral regulators in these matters. He also frequently gives expert evidence on his areas of expertise in foreign courts and arbitral bodies, including in class actions in Canada and Israel, as well as litigation in Sweden. Whilst his practice focuses mainly on private clients, Robert also frequently acts for and advises public authorities within and outside the EU, including in Hong Kong, Australia, and Ireland. Robert is also a full member of the Brussels Bar, and so retains full rights of audience in the EU Courts and the courts of the EU Member States.
Robert acts across the full spectrum of competition law matters, including appeals against decisions of competition authorities, business-to-business private actions, follow-on damages actions, and claims for interim injunctions. His practice comprises domestic cases, cases before the EU Commission and EU Courts, and proceedings before competition authorities at a national level both within and outside the EU. He has acted in a several of the leading competition law cases in the UK and elsewhere.
Brick Court Chambers
Agenda
Speakers:
Michelle Clark - Partner, Antitrust & Competition - Willkie Farr & Gallagher
Jonathan Ford - Antitrust & Foreign Investment Partner - Linklaters
Robert O’Donoghue KC - Barrister - Brick Court Chambers
Speakers:
Matt Hunt - Partner and Managing Director - AlixPartners
Contact Us
If you are interested in this event and would like some more information before making your decision to attend please contact Maddi on +44 20 3398 8545 or email maddi@thoughtleaders4.com