Critical Considerations for Analyses of Anticompetitive Effects Outlined by Managing Principal Antoine Chapsal at Concurrences Conference
December 7, 2023
Managing Principal Antoine Chapsal participated in a panel discussion on the future of the effects-based approach to assessing allegedly anticompetitive conduct by the European Commission (EC) and other national competition authorities (NCAs). The panel, presented at the Concurrences New Frontiers of Antitrust Conference, was titled “Establishing Abuses of Dominance: Is the Effects-Based Approach Administrable?”
Dr. Chapsal opened the discussion by summarizing some of the pitfalls of the effects-based approach and describing how economic theory can help the EC and NCAs navigate potential analytical errors. He outlined some specific techniques that may be used to assess anticompetitive concerns and emphasized the need for caution, facts, and economic data in such assessments. Dr. Chapsal’s co-panelists explored several related topics, including whether the EC should modify the effects-based approach and how such an approach could lead to less legal uncertainty.
Read the full event summary (paywall)