Ian Forrester: History of EU Competition Law | Judges and Their Role in Shaping Competition Policy скачать в хорошем качестве

Ian Forrester: History of EU Competition Law | Judges and Their Role in Shaping Competition Policy

Prof. Ian Forrester, Ordinary Member of the Competition Appeal Tribunal, Former Judge at the General Court of the European Union. We are really glad to share an interview with Ian Forrester a person who needs no introduction in the narrow antitrust and, more broadly, EU law circles; a former judge of the General Court (CJEU) and one of the leading practitioners in the field. As anticipated, Ian Forrester has offered a remarkable exposition of the situation in European competition law. I’m really grateful to Ian for sharing his brilliant ideas. In particular, Ian Forrester reflected on the following topics (with precise timestamps): ❍ 00:41 Note on the remarkable location of the interview ❍ 01:42 Ian Forrester’s outline of the history of EU antitrust ❍ 06:59 Is the current state of EU competition law a continuation of its historical evolution, or are we witnessing a shift of an entirely new magnitude? ❍ 08:00 How EU competition law is evolving from primarily remedying past infringements to actively managing and shaping technically sophisticated markets ❍ 10:53 Is the role of enforcer discretion increasing, and why ❍ 15:20 A very interesting paragraph in Case T-201/04, Microsoft Corp. v Commission ❍ 17:10 Deference and discretion enjoyed by judges in competition proceedings ❍ 18:25 The position of the CJEU on the exercise by the Commission of a normative choice ❍ 19:15 (when) did this go too far ❍ 24:43 How far can the Commission go with the DMA mandate ❍ 26:15 Which country’s competition law suffers from being “over-proceduralised” ❍ 27:50 The way to deal with 500+ page-long decisions; the questions of justiciability of such detailed decisions ❍ 28:20 Ian Forrester’s memory from arguing C-241/91 P Magill case ❍ 30:40 Different styles of competition enforcement in Europe (comparing the CAT & the CJEU) ❍ 31:55 Who is the most important person in Court? ❍ 33:20 Sociology of adjudication: are judges neutral discoverers of the Truth or its co-creators? ❍ 34:30 Intellectual importance of oral arguments ❍ 37:20 Do judges first reach a conclusion and then create a narrative, or vice versa? ❍ 42:00 Draft Guidelines on Art. 102 ❍ 46:20 Private enforcement: costs & benefits ❍ 49:40 The real trigger changing the situation with private enforcement in the EU in the 1990s ❍ 01:00:20 Which jurisdiction is showing a remarkable development in competition policy ❍ 01:03:20 Remarkable differences in domestic antitrust procedures in EU MSs ❍ 01:06:00 Recommendations to academics ❍ 01:10:00 Recommendations to students ------------- Previous episode (No. 128): interview with Jorge Padilla: Economics of Competition Policy | Competition Litigation as a Chessboard | Hard Cases, available here:    • Jorge Padilla: Economics of Competition Po...   Next episode (No. 130): a panel on a recent Commission decision finding Meta non-compliant with Art 5(2) DMA (CASE DMA.100055 – Meta - Article 5(2) 'Consent-or-Pay’), featuring Profs. Simonetta Vezzoso, Marco Botta and Mikolaj Barczentewicz ------------- The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. Our purpose is not to convey a message, but to contribute to the discussion; the main criterion for selecting invitees is the easy-going way they share their expertise. All our materials are available at YouTube channel, which you are very welcome to subscribe to. This interview is organised & conducted by Prof. Oles Andriychuk, School of Law, University of Exeter.