Konferenzprogramm

Competition law and competition policy have always had to respond to changes. However, the current political climate is marked by multiple crises – the continued disruption of supply chains, inflation, rising demands on green energy and sustainability – occurring all at once and amid a backdrop of geopolitical shifts. This has increased pressure on competition authorities around the globe to come up with solutions to tackle these challenges.

AI is the buzzword of the moment. But how will this new technology affect young start-ups and large tech companies? Will we see a reshuffling of the cards or will existing power structures be consolidated? What role is there to be played by competition authorities, or has the die already been cast?

The US agencies are pushing hard against corporate growth with major cases and new merger guidelines. At the same time the courts seem reluctant to follow suit, and ambitious efforts to amend US antitrust law in Congress are beginning to fade. With the end of the legislative term approaching, is there reason to worry that the movement could pass without leaving a lasting mark?

Abuse control remains a laborious work, not only with regard to digital markets. Cases have become more and more complex, requiring authorities to develop new theories of harm while respecting high standards of proof and procedural rights. In addition, the question arises as to what we actually want to achieve with abuse control. Obviously, we want to create fairness for market participants, but how do we also achieve more contestability? Is separation of data a viable option or do we even have to go further by splitting up Big Tech companies?

In the past, large companies in the digital sector implemented numerous mergers of which only a small fraction was subject to merger control. Even if an assessment was carried out, the proceedings were in most cases terminated by an unconditional clearance decision. Competition authorities are now striving to catch these transactions and further develop their theories of harm and dealings with conceivable efficiencies. How to balance the need for legal clarity with the goals of effective enforcement? Do we need an updated alignment regarding jurisdiction? It is necessary to amend the substantive examination standard?

Cartel prosecution remains at the core of competition authorities’ responsibilities but needs to be continuously refined. What potential do Artificial Intelligence and Supervisory Technologies have for improving antitrust enforcement? Can new detection tools compensate for a decline in leniency applications? How will competition authorities be staffed in the future? What are today’s challenges, and where are we headed?