The Hellenic Competition Commission (HCC), within the context of its actions to promote and enhance competition organized an international webinar on “Article 102 TFEU and national equivalents: in search of a theory?” on 19 December 2022.  The webinar focused on the emerging landscape regarding the enforcement of Article 102 TFEU and national equivalent rules by the European Commission and the NCAs, not only in the digital sector, but also in more “traditional” economic sectors. In particular, the webinar addressed the different approaches followed by the recent case law of the EU courts regarding the interpretation of this provision for various theories of harm, with the aim to understand the overall theoretical framework that is emerging. 

Further, it addressed the way the European Commission and the NCAs have responded so far to the move during the last decade towards a “more economics approach” and the adoption of the Guidance on the Commission's enforcement priorities for Article 102 TFEU, what has been their enforcement strategy, in view of the existence of various presumptions and more forms-based approaches for certain theories of harm, and how this emerging EU framework, if it is coherent, fares with regard to the debate in other jurisdictions, such as the US, concerning the reform of competition rules and standards applying to dominant undertakings or undertakings with monopoly power.

The workshop focused on the recent case law of the EU courts and the decisional practice of the NCAs regarding different theories of harm, with the aim to understand the overall framework that is emerging and the principles, if any, it draws upon and then focused on the strategy to be developed by the various actors and the implications of this emerging framework for global convergence. 

The webinar was joined by the Director General of the Directorate General for Competition of the European Commission, the Chairman of the Netherlands Authority for Consumers and Markets, the Competition Director General of the Spanish Competition Authority, the Senior Advisor of the Chair of the US Federal Trade Commission and by prominent academics of international standing.

You can see the programme and watch the video of the webinar here (in English).