ICC Global Competition Commission Conference 2024 Overview
The ICC Global Competition Commission is hosting the "Meet to Compete: Competition Law and Policy Conference" in Opatija on 9th-10th May 2024. The event aims to enhance harmonization and convergence among jurisdictions in competition policy areas, increase antitrust enforcement efficiency globally, and act as a bridge between businesses and competition authorities. Key facts, members, and initiatives of the commission are highlighted.
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Meet to Compete Competition law and Policy Conference on Tools for the new Rules Fran ois BRUNET Chair, ICC Global Competition Commission 9 -10 May 2024, Opatija
Acknowledgements Dunja imuni Mehdin, President of the ICC Croatia Competition Commission Igor Mucalo, Vice-president of the ICC Croatia Competition Commission Marina Ro i , Secretary General of CCE and ICC Croatia Mislav Bradvica, Partner, Law firm BMWC 2
Key facts about the ICC Global Competition Commission Priorities: (i) enhance the harmonisation and convergence among jurisdictions in key competition policy areas with the aim to minimise regulatory costs for international companies; and (ii) increase the efficiency of antitrust enforcement at a global level both from a legal and economic perspective. Projects: (i) policy papers and recommendations, (ii) practical tools for business, (iii) international conferences and events, and (iv) regular meetings with antitrust enforcement agencies. To become the interface between global business and international competition authorities. 3
Members of the ICC Global Competition Commission include: ALIBABA GROUP AMAZON ANDERSON MORI & TOMOTSUNE PLC ANJIE BROAD LAW FIRM ARNOLD & PORTER BABIC & PARTNERS BAKER BOTTS LLP BAYER BNP PARIBAS BOGA & ASSOCIATES BORDEN LADNER GERVAIS BRICK COURT CHAMBERS CAMINATI BUENO ADVOGADOS (TEYSSONNEIRE ADV) CLEARY GOTTLIEB STEEN & HAMILTON LLP CLIFFORD CHANCE COCA COLA HBC CROATIA CONDE NAST COVINGTON & BURLING CREDIT SUISSE CROWELL & MORING LLP DELOITTE DEUTSCHE TELEKOM AG DLA PIPER DUFF & PHELPS SINGAPORE PTE. LTD. ELIG G RKAYNAK ATTORNEYS AT LAW ERICSSON INC. ERNST & YOUNG EVERSHEDS SUTHERLAND FASKEN MARTINEAU DUMOULIN LLP FRESHFIELDS BRUCKHAUS DERINGER LLP GOMEZ ACEBO-POMBO HERBERT SMITH FREEHILLS LLP HOGAN LOVELLS HOUTHOFF INTEL CORPORATION - SANTA CLARA INTESA SANPAOLO SPA JONES DAY K&L GATES LLP KIM & CHANG KING & CAPITAL LAW FIRM KING & WOOD MALLESONS LEFOSSE ADVOGADOS LINKLATERS L'OREAL MICROSOFT CORPORATION MITSUBISHI CORPORATION NEC CORPORATION - JAPAN NESTL NISHIMURA & ASAHI ORION CORPORATION ORRICK OSBORNE CLARKE RIO TINTO COMMERCIAL PTE. LTD. SCHINDLER SHELL INTERNATIONAL SIEMENS AG SKANSKA AB - SWEDEN SKY ITALIA S.R.L. - GENOVA TATA STEEL NEDERLAND SERVICES TELEFONICA S.A. THYSSENKRUPP AG UNILEVER VEOLIA VERIZON COMMUNICATIONS, INC. VOLKSWAGEN VOLVO TRUCKS YULCHON LLC 4
Key initiatives of the ICC Global Competition Commission 1. Sustainability Leadership: Paola Pugliese (Brazil, Lefosse), Simon Holmes (UK, CAT judge), Marceline Tournier (Switzerland, Nestl ) 71 members Aim: To address the poor thinking around the role of competition law in promoting sustainability Papers: White paper When chilling contributes to warming How competition law acts as a barrier to climate action (2022) Follow-up paper Taking the chill factor out of climate action a progress report (2023) ICC Comments on the revised JFTC Green Guidelines (2024) Next steps: (i) Further the development of a database of sustainability cases and judgements, (ii) Interacting with regulators (eg, the OECD on sustainability and abuse of dominance). 5
Key initiatives of the ICC Global Competition Commission 2. Digital Economy Leadership: Susan Ning (China, King & Wood Mallesons), Stavroula Vryna/Alex Nourry (UK, Clifford Chance), Carel Maske (US, Microsoft), Georg Boettcher (Germany, Siemens) 98 members Aim: To keep global business diligently informed of the main antitrust enforcement issues and regulatory developments in the digital sector, with a view to foster constructive discussions with the relevant authorities, legal practitioners and policymakers as necessary. Papers: ICC Global report on Competition antitrust enforcement in the digital economy (2023) ICC Response to the European Commission s call for contributions on competition in generative AI and virtual worlds (2024) Next steps: (i) Continue monitoring and reporting on global progress of digital regulation, including inter alia on cloud computing and AI. (ii) Contribute views and publish paper in relation to DG COMP's development of Article 102 TFEU guidelines. (iii) Organise 1-2 workshops with global regulators (e.g., in jurisdictions of contributors to the DE report, SAMR (China)). 6
Key initiatives of the ICC Global Competition Commission 3. Merger Control Leadership: Fran ois Brunet (France, Avocat at the Paris Bar), Irene de Angelis (Italy, Intesa Saopaolo), Yusuke Nakano (Japan, Anderson Mori & Tomotsune), Annie Herdman (UK, Paul Weiss), Tim Cornell (US, Clifford Chance), Gonen G rkaynak (Turkey, Elig Law Firm), Pierre Chellet (Spain, Garrigues) 138 members Aim: To advocate for a harmonization of merger control best practices worldwide with a view to reduce regulatory costs for international businesses. Paper: Draft ICC Recommendations on Merger Control Next steps: (i) Finalise the draft Merger Control Recommendations , (ii) Organise webinars with key enforcement authorities ie US, UK, Germany, France, China. 7
Key initiatives of the ICC Global Competition Commission 4. State Aid and EU Foreign Subsidies Regulation (FSR) Leadership: Patrick Hubert (France, Orrick), Eduardo Maia Cadete (Portugal, Morais Leitao), Liu Cheng (China, King & Wood Mallesons) 63 members Aim: To encourage the sensible and careful implementation of the FSR and to identify the practical issues raised by the new EU regulation as well as the geopolitical implications for trade and investments across the globe. Papers: ICC Comments on the new regulation on foreign subsidies in the EU (2022) ICC Comments on the Draft Implementing Regulation to the EU Foreign Subsidies Regulation (2023) Next steps: (i) Organise webinars with national competition agencies as well as with local antitrust practitioners in key jurisdictions to exchange on local companies and private counsel s experiences with the FSR, (ii) Prepare a first guidance paper starting with a draft questionnaire in Q3-Q4 2024, (iii) Publish a paper with a broader view and consider doing a more theoretical reflection on state subsidies. 8
Key initiatives of the ICC Global Competition Commission 5. Antitrust damages actions Leadership: Sarina Williams (UK, Linklaters), Joyce Honda (Brazil, Cescon Barrieu), Carolin Marx (Germany, Hogan Lovells), Danny Jowell (UK, Brick Court Chambers) 95 Members Aim: To provide antitrust experts with a strategic overview of all relevant information on antitrust damages in key jurisdictions, followed by two policy papers advocating in favour of best practices among jurisdictions in key areas. Papers: 2nd Edition of the ICC Compendium of Antitrust Damages Actions jointly published with Concurrences (2023) Next steps: Publication of policy papers in favour of best practices on: (i) relationship between leniency/immunity and private damages claims, (ii) the treatment of pass-on in key jurisdictions, (iii) the mechanisms for bringing collective actions for competition damages claims in key jurisdictions. 9
Key initiatives of the ICC Global Competition Commission 6. Antitrust Compliance Programmes Leadership: Charlotte Breuvart (Belgium, Jones Day), Dan Roskis (France, Eversheds Sutherland), Gordon Christian (Germany, Siemens Energy) 54 members Aim: to advocate for a harmonisation of antitrust compliance policies worldwide with a view to enhance more convergence (on criteria for credible antitrust compliance programs and recognition of such programs in antitrust decisions/sanctions) around competition authorities practice. Papers: Draft summary on Compliance Guidelines and enforcement trends worldwide Revision of the ICC Antitrust Compliance Toolkit Next steps: (i) Publish the 2nd Ed of the ICC Antitrust Compliance Toolkit, (ii) Advocate for an international harmonisation of criteria for credible antitrust compliance programmes (e.g. ICN) and the recognition for credible compliance programmes. 10
International conferences Tokyo 2023: First conference in Asia to increase the Global Competition activities and meet the JFTC and Japanese antitrust community (over 100 participants from over Asia, EU and US) COP28 2023 in Dubai: Second participation at COP with a session on antitrust and sustainability to launch a new progress report on the role of competition policy in climate action Pre-ICN Forum 2023 in Barcelona on The Antitrust Trifecta the enforcers, the courts and the private sector . Webinars with antitrust enforcers: Mexican authority (COFECE), the UK CMA, the Portuguese authorities, and DG COMP. 11
Forthcoming activities in 2024 Finalization and publication of the ICC Merger Control Recommendations Publication of the 2nd Edition of the ICC Antitrust Compliance Toolkit Webinar on the State Aid and the FSR with ICC Mexico (22 May). ICC/OECD webinar on Sustainability and abuse of dominance (16 October) Beijing 2024: Second antitrust conference in Asia with ICC China and the Chinese antitrust authority in October (November) 12
How the countries in the region - Croatia, Slovenia, Bosnia and Herzegovina, Montenegro, Serbia can contribute 500 members from over 42 countries: in-house counsel, private practitioners, banks and trade associations To date: 20 Croatian members in the Global Competition Commission participating mainly in the Merger Control Task Force Organize meetings within ICC Croatia and identify the issues at stake in each country as well as the topics of interest/priorities for companies in these countries Participate in the meetings of the Global Competition Commission, including the annual plenary meeting of the Global Commission in Paris, annual meetings ICC/ DG COMP, Pre-ICN Forums Sign up for the different projects. 13
