COMPETITION LAW IN THE AGE OF COVID-19

Ivana Rakić

Sažetak


The aim of this article is to provide a short overview and analysis of some competition authorities’ responses to the COVID-19 emergency, by evaluating the state of play and, where relevant, making proposals for how competition law and its enforcement might develop worldwide. The article contributes to the existing international debate about the consequences of the current COVID-19 crisis on competition law. The analysis is limited to restrictive agreements, abuse of dominance and merger control.

The undertakings must primarily be aware of that current crisis is not an excuse to breach competition laws and that competition laws continue to apply, with no general crisis exemption, nor during the COVID-19 crisis. The competition authorities are accommodating their practice in addressing restrictive agreements (cooperation between competitors in times of economic crisis), abuse of dominance (measures to protect against exploitative pricing), and merger control (procedural and substantive aspects of control).


Pojmovne odrednice


Competition law; Restrictive agreements; Abuse of dominance; Merger control; COVID-19.

Ceo tekst:

PDF (English)

Reference


Ahlborn, Christian, Christoph Barth, David dos Santos-Goncalves. 2020. Foreign investment lockdown. Competition law and health crisis. Concurrences 2–2020. Art. No 94262.

Amelio, Andrea, Georges Siotis. Applying EU Competition Rules During Testing Times: Some Issues, Competition policy in times of crisis – Trends. Concurrences 2–2009.

Baldwin, Richard, Beatrice Weder di Mauro. 2020. Introduction. 1–30 in Economics in the Time of COVID-19, edited by Richard Baldwin and Beatrice Weder di Mauro. London: Centre for Economic Policy Research.

Calcagno, Claudio, Antoine Chapsal, Joshua White. 2019. Economics of Excessive Pricing: An Application to the Pharmaceutical Industry. Journal of European Competition Law and Practice. 10(3): 166–171.

Carlsson-Szlezak, Philipp, Martin Reeves, Paul Swartz. 2020. What Coronavirus Could Mean for the Global Economy. Harvard Business Review. Reprint H05GO5.

Cary, George S., Maurits Dolmans, Bruce Hoffman, Thomas Graf, Leah Brannon, Richard Pepper, Henry Mostyn, Alexis R. B. Lazda, Savannah Haynes, Kristi Georgieva, Jan Przerwa. 2020. Exploitative abuses, price gouging & COVID-19: The cases pursued by EU and national competition authorities. e-Competitions Competition Law & Covid-19. Art. No 94392.

CJEU, Case C–177/16. 2017. Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība v. Konkurences padome [Copyright and Communication Consulting Agency/ Latvian Authors Association v. Competition Council of the Republic of Latvia].

CMA. CMA approach to business cooperation in response to COVID-19. 25 March 2020. CMA118.

CMA. Merger assessments during the Coronavirus (COVID-19) pandemic. 22 April 2020. CMA120.

CMA. 2020. Annex A: Summary of CMA’s position on mergers involving ‘failing firms’. 22 April 2020.

CMA. 2020. Anticipated acquisition by Amazon of a minority shareholding and certain rights in Deliveroo. Summary of provisional findings. 16 April 2020.

Cochrane, John. 2020. What shape recovery? The Grumpy Economist. 6 April 2020. https://johnhcochrane.blogspot.com/

/04/what-shape-recovery.html?utm_source=feedburner

&utm_medium=email&utm_campaign=Feed%3A+TheGrumpy

Economist+%28The+Grumpy+Economist%29 (last visited 29 April 2020).

Communication from the Commission: Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak, OJ C 91I/2020, OJ C 112I/2020.

Communication from the Commission Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak. OJ 2020/C 116 I/02.

Competition Act (89/1998): Consumer and Customer Protection and National Disaster Management Regulations and Directions, Regulation Gazette No. 43116.

Costa-Cabral, Francisco, Leigh Hancher, Giorgio Monti, Alexandre Ruiz Feases. 2020. EU Competition Law and COVID-19. TILEC Discussion Paper DP 2020–007. Tilburg Law and Economics Center.

De Coninck, Raphaël. 2018. Excessive Prices: An overview of EU and national case law. e-Competitions Excessive Prices. Art. No. 86604.

ECN. 2020. Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis.

Ezrachi, Ariel, David Gilo. 2009. Are Excessive Prices Really Self-Correcting? Journal of Competition Law and Economics. 5(2): 249–268.

European Commission, European Political Strategy Centre. 2019. EU Industrial Policy After Siemens-Alstom: Finding a New Balance Between Openness and Protection. Publications Office of the European Union

Fingleton, John. 2009. Competition policy in troubled times. Office of Fair Trading.

Fountoukakos, Kyriakos, Lisa Geary. 2013. Time to Bid Farewell to the Failing Firm Defense? Some Thoughts in the Wake of Nynas/Shell and Olympic/Aegean. CPI Europe Column December 20, 2013.

Guidance to the Member States concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (FDI Screening Regulation). Brussels, C(2020) 1981 final.

IMF. 2020a. World Economic Outlook – The Great Lockdown. April 2020.

IMF. 2020b. Policy Steps to Address the Corona Crisis. Policy Paper No. 20/015.

Komninos, Assimakis, Jan Jeram, Iakovos Sarmas. 2020. A Re-awakening of the Failing Firm Defence in the EU in the Aftermath of COVID-19? White & Case LLP, https://www.whitecase.com/publications/alert/re-awakening-failing-firm-defence-eu-aftermath-covid-19 (last visited 28 April 2020).

Kroes, Neelie. 2009. Competition law in an economic crisis, SPEECH/09/385. Opening address at 13th Annual Competition Conference of the International Bar Association. Fiesole. 11 September 2009.

Krohs, Christian, Andrea L. Hamilton, Max Küttner. 2020. Collaboration among competitors & COVID-19: The impact on EU and national case laws. e-Competitions Competition Law & Covid-19. Art. No 94139.

Lane, Robert. 2012. Competition law. International and Comparative Law Quarterly. 61(4): 991–1005.

Lever, David. 2020. Covid Economics: Social Distancing and the Relevant Benefits of Cost-Benefit Analysis. ProMarket. April 4, https://promarket.org/covid-economics-social-distancing-and-the-relevant-benefits-of-cost-benefit-analysis/ (last visited 29 April 2020).

Lowe, Philip. Competition Policy and the Global Economic Crisis. Competition Policy International, Vol. 5, 2/2009.

Lyons, Bruce. 2009. Competition Policy, Bailouts and the Economic Crisis, CCP Working Paper 09–4.

Mann, Catherine L. 2020. Real and financial lenses to assess the economic consequences of COVID-19. 81–85 in Economics in the Time of COVID-19, edited by Richard Baldwin and Beatrice Weder di Mauro. London: Centre for Economic Policy Research.

OECD. 2020a. Cities policy responses. Tackling coronavirus (COVID 19) – Contributing to a global effort.

OECD. 2020b. Global Financial Markets – Policy Responses to COVID-19.

OECD. 2020c. COVID-19 and International Trade: Issues and Actions. 10 April 2020.

OECD. 2020d. OECD competition policy responses to COVID-19. 27 April 2020.

OECD. 2018a. Excessive Prices in Pharmaceutical Markets – Background Note by the Secretariat. Meeting of the Competition Committee on 27–28 November 2018.

OECD. 2018b. Excessive Pricing in Pharmaceutical Markets – Note by the United States. OECD Competition Committee meeting on 27–28 November 2018.

OECD. 2018c. Excessive Pricing in Pharmaceutical Markets – Note by the European Union. OECD Competition Committee meeting on 27–28 November 2018.

OECD. 2011a. Global Forum on Competition: Crisis Cartels. DAF/COMP/GF(2011)11.

OECD. 2011b. Competition and Financial Markets. Competition Issues in the Financial Sector – Key Findings. Paris: OSCE Publishing.

OECD. 2010. Roundtable on Failing Firm Defence. DAF/COMP(2009)38.

OECD. 2009. Competition and the Financial Crisis.

OECD. 2009. Competition Policy, Industrial Policy and National Champions, Global Forum on Competition, DAF/COMP/GF(2009)9.

OFT. 2005. Predicting Cartels. Discussion Paper (OFT 773).

Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union. OJ L 79I/2019 (FDI Screening Regulation).

Rubin, Janice E. 2008. “Price Gouging,” the Antitrust Laws, and Vertical Integration in the Petroleum Industry: How They Are Related. Congressional Research Service Report for Congress. RS22262.

Shapiro, Carl. 2009. Competition Policy in Distressed Industries. ABA Antitrust Symposium: Competition as Public Policy.

Stephan, Andreas. 2009. Will the Recession Make Cartels More Likely and Cartel Enforcement More Difficult? CCP Newsletter 19/February.

Van der Vijver, Tjarda. 2009. The Irish beef case: Competition Authority v. Beef Industry Development Society Ltd and Barry Brothers (Carrigmore) Meats (C-209/07), European Court of Justice. European Competition Law Review 30(4): 198–201.

Vickers, John. 2008. The Financial Crisis and Competition Policy: Some Economics. Global Competition Policy. DEC-08 (1).

WHO. 2020a. Coronavirus disease 2019 (COVID-19): Situation Report – 101. 30 April 2020.

WHO. 2020b. COVID-19: Operational guidance for maintaining essential health services during an outbreak. Interim guidance, 25 March 2020.


Povratni linkovi

  • Trenutno nema povratnih linkova