COLLABORATIONS DURING COVID-19 Thursday, 20 August 2020 | IST 17:30 - - PowerPoint PPT Presentation

collaborations during covid 19
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COLLABORATIONS DURING COVID-19 Thursday, 20 August 2020 | IST 17:30 - - PowerPoint PPT Presentation

CUTS INTERNATIONAL WEBINAR ON COMPETITION ENFORCEMENT FOR BUSINESS COLLABORATIONS DURING COVID-19 Thursday, 20 August 2020 | IST 17:30 19:30 1 DISCUSSION PAPER PRESENTATION Udai S. Mehta Sakhi Shah


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CUTS INTERNATIONAL WEBINAR ON “COMPETITION ENFORCEMENT FOR BUSINESS COLLABORATIONS DURING COVID-19”

Thursday, 20 August 2020 | IST 17:30 – 19:30

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DISCUSSION PAPER PRESENTATION

https://cuts-ccier.org/pdf/competition-enforcement-for-business-collaborations-during-covid-19.pdf Sakhi Shah Udai S. Mehta

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Why? Survey Conducted by CUTS International Recommendations Panel Discussion

OUTLINE

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COVID-19 deep economic depression shortages of essential goods/services collapse in demand Business Collaborations demand and supply shocks need for collaboration among businesses Competition Authorities adjusting enforcement priorities + granting exemptions to certain collaborations + allowing state aid

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WHY ARE WE TALKING ABOUT THIS?

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  • How to determine which sectors or goods/services should be categorised as ‘essential’?
  • How to grant exemptions?
  • How to ensure businesses do not take advantage of the said exemptions?
  • What actions will invite immediate enforcement?
  • How to reverse these exemptions and when? What should be the phase-out strategy?
  • Should such exemptions be granted as a tool for economic recovery or to achieve vital public interest

goals such as sustainability and climate change?

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SURVEY CONDUCTED BY CUTS INTERNATIONAL

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Necessity and Proportionality Public Interest Increased Efficiences Any Other

Graph 1: Determinants for exempting sectors or goods/services

Horizontal Block Exemption Regulations, Technology Transfers, and Specialisations Agreements, European Union T

  • be revised in 2021 to explicitly refer to

certain public interest issues and set them as a priority to guide case law.

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Collaboration in R&D Beyond national boundaries Faster and efficient introduction of vaccine or medication

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Providing Assistance to Businesses Designated Communication Channels List of Permitted Collaborations Encouraging Consumers to Notify Any Other

Graph 3: How are you ensuring businesses do not take advantage of exemptions

Assist businesses Curb any unnecessary collaboration Collaborations do not last longer than necessary Competition revival

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Consumer Protection Issue Price Gouging Typical Competition Contraventions Tie-in Arrangements; Exclusionary Practices; Sharing Information

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Yes No

Graph 5: Would you prolong the current exemptions post-COVID-19

All Developing Countries …a tool for economic recovery …public interest and technological efficiency

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Clarify the Forms of Collaboration That Would be Unproblematic Emphasise the Importance of Trade Associations Identify Essential vs. Non-Essential Commodities Provide Guidance to Businesses Provide for a Notification System for Business Collaborations Increase Transparency

RECOMMENDATIONS

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THANK YOU

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Sakhi Shah Research Associate, CUTS International skh@cuts.org

Please click on the picture to access paper.

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Built-in Provisions to Tackle Unforeseen Situations Competition Law vs. Consumer Protection Law Rethinking the Framework for Competition Law Industrial Policy v. Competition Policy Ensuring Harmonious Application of Competition Laws Globally Efficiency of the Current Remedial Tools

PANEL DISCUSSION