Ep 57: Cartels and Leniency - A Practitioner's Point of View

In this episode, our Founder and Host Aditya Trivedi hosts Ms. Anupam Sanghi, Managing Partner, Anupam Sanghi & Associates, New Delhi. They discuss the proposed digital competition law in India, takeaways from Europe's Digital Markets Act and ex-ante jurisprudence of India, EU and UK. They also discuss how courts can balance ex-ante regulations. Ms. Sanghi also mentions her White Paper on Digital Market Regulations published via her policy think tank Tech Bridge.

Welcome to the Part 2 of Competition law roundup for India in 2024, where our Founder and Host Aditya Trivedi talks with Lagna Panda, Counsel, P&A Law Offices, New Delhi on the competition regime of India with a rapid fire in this episode. Tune in and stay connected.

In this episode, Aditya Trivedi, Founder and Host of the podcast discusses with Lagna Panda, Counsel, P&A Law Offices, New Delhi on various major events in competition law in 2024. Amendments in Indian Competition Law along with change in various rules, regulations and their public consultations caught the major attention of Competition Commission of India and Indian competition fraternity. They discussed major deals, important antitrust cases, advocacy and Competition policy. There is a Part 2. Stay tuned.

In this episode, Prof. Florence Thepot discusses with Aditya Trivedi nuances of Interlocking directorate and Competition law. They discuss the key distinctions between the concepts of common ownership and interlocking directorates, their treatment in EU and US, potential tensions between corporate governance and competition law, antitrust agencies and balancing potential efficiencies of interlocks in detail. They also discuss the definition of control in EUMR and comparative analysis of interlocks in global jurisdictions.

In this episode, Prof. Nikhil Naren interacts with Isheta Boruah on Dark Patterns: Regulatory frameworks and ethical design. They discuss how dark patterns challenge traditional consumer protections laws; provisions aimed at regulating dark patterns, notable examples and how do they exploit user behaviour. They discuss the role of ethical design principles in mitigating dark patterns and how do dark patterns impact intellectual property rights. There are notable projects like Dark Patterns Project. They also discuss self-regulation, ethical implications of using dark patterns, importance of user education, legal precedents and challenges of implementing regulations and their redressal.

In this episode, Prof. Henning Grosse - Ruse Khan interacts with Isheta Boruah on digital platform power, automation and global intellectual property protection. They discuss the importance of digital platform power and its significance in today's economy; how automation has changed the way IP is created; IP ownership in AI generated content. They discuss the role of algorithms; how small content creators can protect their IP from large digital platforms, current international statutes in governing IPR in automated digital platforms etc.

In this episode, Aditya Trivedi and Ritika Ghosh engage Prof. Dario Neto in a thought-provoking conversation on digital market regulation in Brazil. Together, they navigate the intricate landscape of laws, challenges, and the path forward, drawing insightful parallels with India's evolving perspective on digital governance. A captivating exploration into shaping the future of digital economies.

In this final episode of three part series with Mr. Alexei Ghertescu, Aditya Trivedi discusses with him some concepts of competition law and his views. They discuss competition compliance for businesses; enforcement tools to investigate anti-competitive practices; merger control; leniency programs and their effectiveness to detect and deter cartels. Finally, they discussed consumer welfare which is often cited as a primary objective of competition law.

In this episode, Aditya Trivedi discusses with Mr Alexei Ghertescu, Hon'ble Chairman, Moldovan Competition Council about the challenges faced by small competition agencies like Moldova. They discuss resource constraints, need for inter-agency cooperation, changes after prospective accession to EU, etc. This episode highlights the differences in approach of supranational antitrust agencies and national agencies, importance of inter-agency working groups, international competition network, etc.

In this episode, Aditya Trivedi discusses with Mr. Alexei Ghertescu, Chairman, Moldovan Competition Council on Moldova's EU Accession and Competition Regulations of the jurisdiction. They discuss basic features of the competition law of Moldova, and the decision of Moldova's accession to the EU, its impact on competition regulations, challenges in the process etc. They discuss a great detail on state aid legislation and jurisdiction of the Council on public authorities. Hon'ble Chair also mentioned how he utilizes his experience of being a lawyer and academician in his current role as an enforcer.