Article 102 Investigations - Developments in Key Economic Sectors

Introduction

This webinar will focus on recent developments in the application and interpretation of Article 102 TFEU and the role it plays in ensuring competitive dynamics, which has been further strengthened by the European Commission during recent years. The webinar will highlight the complexities of the economic analysis underlining its application and the potential impact on European competitiveness of a broad application of this prohibition.

Join Marianna Meriani, Counsel at Akin Gump Strauss Hauer & Feld LLP, who will focus on recent caselaw in key economic sectors (e.g. digital platforms, pharmaceutical) and provide an overview of recent soft law developments to signal what competition practitioners need to watch out for in this field in near future.

This webinar discusses EU law and its application by the European competition enforcer and EU Courts.

What You Will Learn

This webinar will cover the following:

• Introduction to Article 102 TFEU and its open nature as key for assessing dominant firm conduct and identifying new categories of abusive conduct (e.g. self-preferencing, abuse of patent settlements, vexatious litigation and misuse of regulatory)
• Brief discussion on the role of Article 102 TFEU as a gateway to scrutinize below-threshold merger deals (Towercast ruling)
• Analysis of the value of the effect-based approach and the (new) notion of ‘anti-competitive’ foreclosure, on the basis of recent case law (e.g. Intel, Post Denmark I/II, SEN)
• Brief overview of the 2023 EU Commission’s policy brief and the near to be adopted Article 102 guidelines on exclusionary abuses
• Highlights of the report recently published by Mario Draghi on the future of European competitiveness, and its potential impact on the application of Article 102

This pre-recorded webinar will be available to view from Monday 24th March 2025

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