The Reform of Article 102 TFEU: Evolution or Revolution?

About this event

In August 2024 the European Commission published its long-awaited draft Guidelines on Article 102 TFEU. The Guidelines constitute a significant development in the long saga of Article 102 Reform, starting with the Discussion Paper on Article 102 TFEU in 2005, followed by the publication of the European Commission’s Priority Guidance in 2009 and the subsequent decisional practice of the Commission and the case law of the EU Courts. For some, the Draft Guidelines on Article 102 TFEU mark an important shift in the Commission's approach as it tries to find a balance between, on the one hand, sophistication/complexity and, on the other, predictability and effectiveness (including expediency and simplification) of enforcement. The recent case law of the EU Courts in 2023 and in September 2024, particularly the important win of the Commission in the Google Shopping case, also raise questions as to the role and position of the Commission and National Competition Authorities and that of the courts in “driving” this reform process and as to which parts of the old consensus are still relevant, and which have been or need to be abandoned. Is it an evolution or a revolution?

The workshop, co-organised by the Centre for Law, Economics and Society (CLES) at UCL and the Inclusive Competition Forum (ICF) aims to bring in the various stakeholders involved in this reform process and to engage in a critical but also constructive discussion about the Future of Article 102 TFEU in the wake of the significant changes taking place in the political and institutional landscape and the proposals put forward by the Letta and the Draghi report on Europe's competitiveness.

The Programme

Registration: from 12.15

12.35 Welcome: Jean-Benoit Maisin, ICF & Ioannis Lianos, UCL Faculty of Laws
 
12.45 - 14.15 Panel 1: The Article 102 Draft Guidelines seen through the lenses of the recent case law of the CJEU: back to the drawing table or wind in the sails?

Panelists
Andriani Kalintiri, Lecturer in Competition Law, Kings College London
Damien Geradin, Founding partner, Geradin & Partners and Professor, Tilburg University
Jean Francois Bellis, Founding partner, Van Bael & Bellis
Simon Holmes, Member CAT and Visiting Professor Oxford University

Moderator and Commentator: Stavros Makris, Lecturer in Competition Law, UCL Faculty of Laws, ICF

Break: 14.15- 14.30

14.30 - 15.00 Panel 2: The Commission's Perspective on the Way Ahead
Inge Bernaets, European Commission

Moderator: Ioannis Lianos, Director, Centre for Law, Economics and Society, UCL Faculty of laws, Member, UK CAT, ICF

followed by

15.00 - 16.15 Discussion: The Future of Article 102 TFEU - What is still missing?

• Martijn Snoep, Chairman of the Netherlands Authority for Consumers and Markets
• Ana Sofia Rodriguez, Member of the Board of the Portuguese Competition Authority
• Damien Gerard, Director General, Belgian Competition Authority
• Cristina Caffarra, Honorary professor, UCL Faculty of Laws, CEPR

and

16.15 - 17.45 Roundtable Discussion: The Stakeholders' Perspective on Article 102 Reform and the Future of Competition Law: Is Competition Law (and the 12 Draft Guidelines) Fit for the European Social Contract?

• Vanessa Turner, BEUC
• Joakim Smedman, European Trade Union Confederation (ETUC)
• Ulrich Miller, Rebalance Now
• Irene Keizer, SOMO
• Mark Dempsey, Article19
• Ioannis Kouvakas, Privacy International
• Claire Godfrey, Balanced Economy

17.45 - 19.00 Drinks reception

 

Fees

Private sector: £15
Free of charge to: public sector workers (government / academics), students, non profits

Queries

Please email lisa.penfold@ucl.ac.uk for any booking queries.

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