iiinova — where your digital self keeps evolving

Prof Pınar Akman @profakman.bsky.social · 31/03/2025

It was great to present preliminary thoughts from my work-in-progress on #antitrust #remedies for #bigtech at VU Amsterdam upon invitation @profschrepel.bsky.social. The paper aims to devise principles for effective remedy design in big tech cases. 🙏 to Thibault & colleagues for their hospitality.

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Prof Pınar Akman @profakman.bsky.social · 14/03/2025

grounded in #economics (ie remove presumption for #tying); (vii) formulate a #theoryofharm for abuse in every case; (viii) provide #guidance on what type of evidence may be accepted for #objectivejustification and #efficiencies; (ix) subject all #verticalforeclosure abuses to the same analysis.

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Prof Pınar Akman @profakman.bsky.social · 14/03/2025

rebuttable and explain what type of evidence may be brought forward to rebut them and the #standardofproof for rebuttal; (v) explain how the #presumptions are to operate alongside the 'requirements' of abuse for practices subject to a #specificlegaltest; (vi) ensure that presumptions are

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Prof Pınar Akman @profakman.bsky.social · 14/03/2025

consumers; (ii) acknowledge fully the relevance of the #AsEfficientCompetitor principle in the case law; (iii) introduce #safeharbours for price above cost and dominance (with economically sound market share thresholds, ie not 10% as currently); (iv) clarify that all the #presumptions are genuinely

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Prof Pınar Akman @profakman.bsky.social · 14/03/2025

to remedy these issues, the revised Guidelines should: (i) define #competitiononthemerits in line with the #consumerwelfare objective (ie conduct is competition off the merits if it ultimately harms intermediary/final consumers) and/or define #exclusionaryeffects as those to the detriment of

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Prof Pınar Akman @profakman.bsky.social · 14/03/2025

do not provide much guidance; do not adopt an #effectsbased approach; demonstrate a selective reading of the case law of Court of Justice of the European Union; can de facto reverse #burdenofproof; and can threaten the uniform application of #EU #competitionlaw across MSs. We recommend that in order

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

purpose or scope of the prohibition in #Article102. 4- The implication of the ruling is to somewhat perversely encourage #walledgarden #closed #ecosystems without any possibility of competition over open ecosystems; where the infrastructure is closed by design, then the stricter requirements of

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

Guidelines and the Commission would be advised to take note of [37] and [51]. Likewise, [54] confirms the relevance of #effects on #asefficientcompetitors (again as we argued 👇) for establishing abuse, and notably there is no reference to #object when expressing the

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

around harm to #consumers and proving that requires an #effects analysis. Further, the Court also connects the concept of #competitiononthemerits to #harmtoconsumers, as we argued in our submission to #Article102Guidelines consultation (see 👇). This is highly important for the revised

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

and the firm seeking access are at least #potentialcompetitors on an at least potential downstream market (see [85]) where the authority can demonstrate capability of hashtag#anticompetitive #effects. 3- The Grand Chamber confirms that the ultimate aim of the #Article102 #prohibition revolves

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

are presumably actual/potential competitors of the dominant firm on the #downstream market. On that note, the Court appears to limit the application of #AndroidAuto (ie the restrictive reading of #Bronner) indeed to cases where the competition authority can demonstrate that the dominant firm

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

think of as a #discrimination case rather than a #refusaltosupply case although no one seems to have argued this. Essentially, the potentially abusive conduct appears to be giving access to some app developers whilst not giving access to other app developers, where the ones being refused access

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

#refusaltosupply case (see No 2), then we can say that there is a hashtag#slidingscale of abuse in these cases depending on the characteristics of the #infrastructure and the potential impact of hashtag#compulsorysupply on #incentives, etc. 2- Conceptually, the case may be more appropriate to

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

was not created for the sole use of the dominant firm, the traditional reasons for which one would not want to easily provide access to it (investment incentives, free riding, freedom of contract, etc) do not apply. This is basically what the Court says in [41]-[46]. Thus, if this case is a

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

the sole use of the dominant firm by the dominant firm; in #AndroidAuto the infrastructure of the dominant firm was not created for the sole use of the dominant firm. Indeed, the latter infrastructure is intended as a business model where others are given access to it). Where the infrastructure

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Prof Pınar Akman @profakman.bsky.social · 27/02/2025

My 2 cents on hashtag#AndroidAuto: 1- I don't think the Court has killed or overruled #Bronner. In common law language, the Court simply appears to "distinguish" #AnroidAuto from #Bronner due to the significant factual differences between the two (ie in #Bronner, the infrastructure was created for

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Prof Pınar Akman @profakman.bsky.social · 03/02/2025

regulation outperforms competition enforcement (spoiler alert: not looking great in terms of #speed and #avoidinglitigation). It was great to connect with leading practitioners & enforcers from around the world & hear about global developments. Many thx to the organisers for the invitation.

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Prof Pınar Akman @profakman.bsky.social · 03/02/2025

My remarks covered the UK's new #digitalcompetition regime; the #FacebookGiphy saga and the theory of harm to #dynamiccompetition; pros and cons of #exante #regulation vs #competition #enforcement and the early indications from the enforcement of #DigitalMarketsAct in terms of whether ex ante

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Prof Pınar Akman @profakman.bsky.social · 03/02/2025

It was wonderful to speak at #GCRLive #GCRLawLeadersGlobal in beautiful Miami Beach last week. I spoke at both plenary panels: 1st, on the economists' plenary (a career first 😉) and 2nd, the plenary on the "antitrust agenda" to discuss whether #antitrust needs new laws or new enforcement posture.

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Prof Pınar Akman @profakman.bsky.social · 20/01/2025

in #digitalmarkets, international developments, #regulation, #enforcement, and more. Recordings will be available in due course. Many thanks to the organisers for this well-balanced event and excellent organisation.

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Prof Pınar Akman @profakman.bsky.social · 20/01/2025

Greatly enjoyed the two panels I spoke at last Friday at the international conference organised in Paris by Int’l Center for Law & Economics European University Institute Amsterdam Law & Technology Institute | ALTI IE Law School. The panels discussed various aspects of #competition #antitrust

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Prof Pınar Akman @profakman.bsky.social · 15/01/2025

Happy to be nominated for #AntitrustWritingAwards w my article on the evolution of the case law on #abuse of #dominance & the legal requirements of #abuse under #EU #competitionlaw. It's my 6th nomination for this award, so hope to get 6th time lucky 😉 To vote for the article, see bit.ly/40yUx92

awards.concurrences.com

Concurrences

Antitrust Publications & Events

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Prof Pınar Akman @profakman.bsky.social · 13/01/2025

My focus will again be on #regulation and #antitrust #enforcement in digital markets. Both agendas look great and can be found above inc details on how to register. If you will be around at either and would like to catch up, do DM me.

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Prof Pınar Akman @profakman.bsky.social · 13/01/2025

for #competition on #digitalmarkets are delivering on their promises (and how they could). Second, #GCRLive #LawLeadersGlobal2025 where I will speak at a plenary panel on whether antitrust needs new laws or new enforcement posture. events.globalcompetitionreview.com/event/LawLea...

events.globalcompetitionreview.com

Join us at GCR Live: Law Leaders Global 2025

From 29 - 30 January 2025, we will be hosting GCR Live: Law Leaders Global at W South Beach, Miami. We hope to see you there!

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Prof Pınar Akman @profakman.bsky.social · 13/01/2025

Two stops before I disappear for my sabbatical: #Paris (17 Jan) and #Miami (31 Jan) to speak at two conferences. First, "Substance Over Slogans: Strengthening The Foundations of Antitrust" where I'll speak about #regulation in #digitalmarkets & whether #digital regs laweconcenter.org/suboversloag...

laweconcenter.org

- International Center for Law & Economics

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Prof Pınar Akman @profakman.bsky.social · 13/01/2025

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Prof Pınar Akman @profakman.bsky.social · 13/01/2025

events.globalcompetitionreview.com

Join us at GCR Live: Law Leaders Global 2025

From 29 - 30 January 2025, we will be hosting GCR Live: Law Leaders Global at W South Beach, Miami. We hope to see you there!

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Reposted by Prof Pınar Akman

Thibault Schrepel @profschrepel.bsky.social · 10/01/2025

I am so looking forward to next Friday, January 17, 2025! Our conference, “Substance Over Slogans: Strengthening The Foundations of Antitrust,” will bring together some of the world’s leading minds in antitrust, economics, and technology in Paris. Registration: www.eventbrite.com/e/substance-...

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Prof Pınar Akman @profakman.bsky.social · 03/01/2025

Great to start the new year with the news that my article on the concept of #abuse in #EU #competitionlaw was the 2nd most-downloaded antitrust piece of last year on @ssrn.bsky.social. The article published in the Oxford Journal of Legal Studies analyses & synthesises

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Prof Pınar Akman @profakman.bsky.social · 19/12/2024

during which I will travel a lot less and research a lot more🤞- notably on a long overdue monograph on #verticalrestraints in #ecommerce.

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Prof Pınar Akman @profakman.bsky.social · 19/12/2024

focussed on the trends to watch out for in 2025 in the #competition world including #industrialpolicy, #generativeAI and #crossbordermergers and #killeracquisitions. Now looking forward to the start of my sabbatical in 2025

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Prof Pınar Akman @profakman.bsky.social · 19/12/2024

Great to wind up the year in Istanbul where I spoke at the #competitionlaw working group conference of TÜSİAD Turkish Industry and Business Association expertly organised and led by Dr. M. Fevzi Toksoy. Our fireside chat with Antonio Capobianco (OECD)

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Prof Pınar Akman @profakman.bsky.social · 11/12/2024

Further thoughts on the Guidelines can be found in our joint work with the brilliant Chiara Fumagalli and @massimomotta.bsky.social at papers.ssrn.com/sol3/papers....

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Prof Pınar Akman @profakman.bsky.social · 11/12/2024

Other than the privilege to hear the EVP Ribera’s first public speech as the new Commissioner, a particular highlight was to finally receive the @WomenAT Competition prize artwork from Evelina Kurgonaite in person.

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Prof Pınar Akman @profakman.bsky.social · 11/12/2024

standardofproof and type of #evidence for rebuttal of #presumptions should be clarified; and more should be done to acknowledge role of #AsEfficientCompetitor #principle.

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Prof Pınar Akman @profakman.bsky.social · 11/12/2024

It was great to speak at CRA #BrusselsConference_CRA on draft #Guidelines on #exclusionaryabuse #Article102. I argued that to improve the Guidelines #competitiononthemerits should be operationalised by reference to harm to #consumers;

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Prof Pınar Akman @profakman.bsky.social · 02/12/2024

Thank you @profschrepel.bsky.social for featuring our work on #Article102Guidelines with Chiara Fumagalli and @massimomotta.bsky.social in your latest reading suggestions 🙏 @lawatleeds.bsky.social

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Prof Pınar Akman @profakman.bsky.social · 22/11/2024

Look forward to speaking at CRA Annual Conference in Brussels on 10 December. I'll be speaking on #abuseofdominance #EU #competitionlaw #DraftGuidelinesonArticle102 & the future of this area of law. Complimentary registration and programme👇@News_CRA...

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Prof Pınar Akman @profakman.bsky.social · 20/11/2024

incorporating central concepts eg #theoryofharm; paying more than mere lip service to the #asefficientcompetitorprinciple; introducing safe harbours; and, offering clarifications on the scope of certain presumptions (some of which have economics support) & their rebuttal.

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Prof Pınar Akman @profakman.bsky.social · 20/11/2024

currently stand, the Draft Guidelines offer limited guidance because they are arguably inconsistent with the case law and they lack clarity in many respects. The Draft Guidelines can be improved by: connecting the concept of #competitiononthemerits to harm to consumers;

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Prof Pınar Akman @profakman.bsky.social · 20/11/2024

to imply a reversal of the burden of proof, which the EU Courts might arguably not accept. The Draft Guidelines move away from an economic, #effectsbasedapproach and do not fully acknowledge or embrace the modern legal approach of the EU Courts to Article 102 TFEU. As they

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Prof Pınar Akman @profakman.bsky.social · 20/11/2024

From an economics perspective, we also welcome the possible use of rebuttable presumptions for certain practices. However, in some cases (eg tying) such presumptions do not seem appropriate from that perspective. Further, the approach of the Draft Guidelines to presumptions seems

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Prof Pınar Akman @profakman.bsky.social · 20/11/2024

rulings such as #IntelII) and extended version of our submission to the EC consultation. In short, we adopt a law & economics approach to the draft and note that: we welcome the prospect of Guidelines on Article 102 TFEU and endorse the stated aims of the Draft Guidelines.

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Prof Pınar Akman @profakman.bsky.social · 14/11/2024

I explained how #collectiveactions work and elaborated on the possibility of awarding large sums in damages alongside requiring the company to change its business practices in case a violation of #competitionlaw is established. @CBLP_Leeds @Law_Leeds

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Prof Pınar Akman @profakman.bsky.social · 14/11/2024

I was quoted (in personal capacity) in today's @DailyMailUK in relation to the £3 billion collective action lodged by @WhichPress today against @Apple at the @CATribunal on behalf of UK consumers in relation to the iCloud service. mol.im/a/14079573 via @MailOnline

mol.im

Consumer group sues Apple for £3BILLION - YOU could be in...

Apple are facing being sued for £3billion for 'locking' c...

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