Lightnews — Scholar-powered news

Prof Pınar Akman

@profakman.bsky.social

660 followers 600 following 560 posts

Competition Law Professor, University of Leeds - Judge, UK Competition Appeal Tribunal - Member, Innovation Advisory Group, Financial Conduct Authority - https://essl.leeds.ac.uk/law/staff/175/professor-pinar-akman

essl.leeds.ac.uk

Posts Media Videos Starter Packs

Pinned

Prof Pınar Akman @profakman.bsky.social · Nov 28

I am honoured, and very excited, to be appointed to the @CATribunal by the Minister for Enterprise, Markets and Small Business. The CAT is the UK's specialist court whose function is to hear and decide cases involving competition or economic regulatory issues.

1 4

Prof Pınar Akman @profakman.bsky.social · Mar 31

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.

3 8

Prof Pınar Akman @profakman.bsky.social · Mar 14

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.

Prof Pınar Akman @profakman.bsky.social · Mar 14

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

Prof Pınar Akman @profakman.bsky.social · Mar 14

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

Prof Pınar Akman @profakman.bsky.social · Mar 14

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

Prof Pınar Akman @profakman.bsky.social · Mar 14

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

Prof Pınar Akman @profakman.bsky.social · Mar 14

The final (updated) version of our article on #Article102 draft #Guidelines of the @ec.europa.eu has been published in the Journal of European Competition Law & Practice. In the paper, @massimomotta.bsky.social & Chiara Fumagalli & I argue that the draft Guidelines academic.oup.com/jeclap/advan...

The European Commission’s draft guidelines on exclusionary abuses: a law and economics critique and recommendations

The prohibition of an abuse of a dominant position found in Article 102 TFEU is a central tenet of EU competition law. In contrast to all other major aspec

academic.oup.com

1 2 5

Prof Pınar Akman @profakman.bsky.social · Feb 27

#Bronner apply. Like other parts of #EU #competition law (eg VRs), the ruling is not #technologically #neutral.
papers.ssrn.com/sol3/papers....

The European Commission's Draft Guidelines on Exclusionary Abuses: A Law and Economics Critique and Recommendations

The European Commission's Draft Guidelines on the application of Article 102 TFEU to exclusionary abuses aim to enhance legal certainty, help undertakings to se

papers.ssrn.com

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

1 1

Prof Pınar Akman @profakman.bsky.social · Feb 27

#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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

Prof Pınar Akman @profakman.bsky.social · Feb 27

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

1 1 1

Prof Pınar Akman @profakman.bsky.social · Feb 3

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.

Prof Pınar Akman @profakman.bsky.social · Feb 3

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

1 1

Prof Pınar Akman @profakman.bsky.social · Feb 3

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.

1 2 2

Prof Pınar Akman @profakman.bsky.social · Jan 20

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.

Prof Pınar Akman @profakman.bsky.social · Jan 20

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

1 1 1

Prof Pınar Akman @profakman.bsky.social · Jan 15

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

Concurrences

Antitrust Publications & Events

awards.concurrences.com

1 1 5

Prof Pınar Akman @profakman.bsky.social · Jan 13

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.