In Conversation With IPR & Competition Law

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.

In this episode, Aditya Trivedi interacts with Mr Arjun Nihal Singh, Partner designate, Luthra and Luthra Law Offices India on Cartels and Leniency from a practitioner's point of view. The conversation includes practical insights into cartel cases, investigations, compliance, advice to businesses etc. They discussed the draft regulations by CCI on Lesser Penalty (including Leniency Plus); global collaboration between competition authorities; landmark cases on cartels and their status; digital markets and cartels; cross border cartel investigations; hub and spoke cartels and CCI's investigations and market study in cement sector.

In this episode, Pablo Trevisán, Former Commissioner, Argentine Competition Commission, interacts with Aditya Trivedi on the pitfalls of Antitrust Enforcement and overview of Argentine competition law. They discuss the functioning of the National Commission for Competition Defense, Argentina and institutional setup of Defence of Competition (LDC) in Argentina. He explains what he considers as 'pitfall' with respect to antitrust enforcement and to what extent and by what means they are curable. They also discuss ex-post assessment of merger remedies, challenges and balance needed. He lastly commented on the antitrust enforcement regime in Argentina and the need for reforms.

In this episode, Mr. Akshayy S Nanda, Partner, Saraf and Partners, interacts with Aditya Trivedi on India's latest Digital Personal Data Protection Act, 2023 and its interface with competition laws. They discuss the salient features of the legislation, Supreme Court's verdict on right to privacy; legislative history of the Act; comparison with Europe's GDPR; expected government regulations; and finally its interplay with competition laws, jurisdiction overlaps between CCI and the Proposed Data Protection Board, et al.

In this episode with Mr. Michele Carpagnano, Head of Antitrust Practice, Dentons, Italy, strike an interesting conversation with Aditya and Ritika, the hosts, on Foreign investment screening laws in the lens of national security risks, interacting closely with competition law. He highlights, FDI regulation involves scrutiny in Europe, cooperation among member states, and a delicate balance between openness and safeguarding strategic interests. He answers on intersection of FDI screening and merger control necessitates cooperation to address security concerns and maintain fair competition. Takeways on Tightening national investment screening will impact FDI inflows, requiring a careful balance between security and economic openness.

In this episode, Mr. Gene Burrus, US based Competition Attorney and Former Director of Spotify's Global Competition Policy interacts with Aditya Trivedi and Rishika Jain on 'Competition law in Digital Markets: Changing Dynamics'. They discuss briefly the American Innovation and Choice Online Act. Further, practices like self-preferencing, data portability, cases of FTC, network effects and market power of digital platforms, AI and Blockchain, data and antitrust were discussed in detail from a global and American antitrust viewpoint.

In this episode we have Niharika Salar who is a PhD Candidate at Queens University, Belfast who formerly served as an Assistant Professor of Law at NALSAR Hyderabad discusses with Isheta and Sonal about Intellectual Property within cultural appropriation; Beyond IP, what are some other ways in which cultural appropriation harms a cultural identity; Protection the indigenous people can rely on from the current IPR regime, and the gaps in the regime where it fails; Concept of the 3 C’s of IPR developed by the Cultural Intellectual Property Rights Initiative, which talks about consent, credit and compensation; et al.

In this episode, Thibault Schrepel discusses with Aditya Trivedi and Ananya Srivastava on 'Generative AI and Competition law'. They discuss aspects of generative artificial intelligence (AI); interconnection between network and platform effects; computational resources; Bigtech and generative AI; competition policies and AI; non-price competition; FTC cases; data and antitrust; and antitrust enforcement strategy and tools needed to tackle unfair aspects of generative AI.

Questions -
1. Welcome to the Podcast, Sir. Please explain the interconnection between network and platform effects and how could Generative AI use them against healthy competition?
2. What are computational resources, which are deemed as one of the key building blocks of Generative AI and how it could be abused to cause unfair competition?
3. How do you think Generative AI can strengthen the positions of the Big Tech in the digital market?
4. How can the policies formulated be accommodating of the dynamism of Generative AI, and what are some indispensable considerations that must be made in such policies?
5. In your working paper titled "Competition Between AI Foundation Models: Dynamics and Policy Recommendations", there is primarily non-price driven competition. What should be the focus of enforcement agencies to effectively regulate competition?
6. The FTC and DOJ have cited several possible anti-competitive conducts that might emerge from Generative AI. Do you think that there could be more such conducts that the FTC and DOJ might have lost sight of and that require equal or more of their attention?
7. As a former FTC official once explained, “everywhere the word ‘algorithm’ appears, please just insert the words ‘a guy named Bob’ . . . . If it isn’t ok for a guy named Bob to do it, then it probably isn’t ok for an algorithm to do it either.” What is your opinion regarding this statement?
8. The FTC has argued that “incumbents have accumulated large amounts of user data over years” and have “developed and honed proprietary data collection tools”. What (measures) according to you would help the new players compete effectively with incumbents when it comes to data collection?
9. Do you think that robust enforcement is the right approach for tackling anti-competitive conducts of Generative AI?

In this episode, Ms. Ivančica Bobek, a corporate lawyer based in Croatia discusses with Aditya Trivedi and Subhi Pastor about the Commitments under Croatia Competition Regime. They discuss about the objective of commitments in a competition regime and how commitments differ from the settlements. She comments on how the Croatian Competition Agency (“CCA”) views commitments and whether CCA accepts commitments for cartel infringements. Further, they also discuss if the excessive use of the commitments framework potentially is harmful
for competition regimes and the need of proper regulations to strike a balance. Lastly, they conclude by discussing some of the lessons that the Competition Commission of India (“CCI”) must learn from the CCA
and the EC in light of Competition (Amendment) Bill,2023 which introduces the Commitments regime in India.

In this episode, Mr Folakunmi Pinheiro, Doctoral Candidate, University of Cambridge discusses with Aditya Trivedi and Subhi Pastor about the African Free Trade Area's Competition Protocol. They discuss the provisions of the Protocol; aims and objectives; new institutional framework and impact on African economy. They comment on the missed opportunities of Africa in the absence of such a Protocol and also discuss the role of national and regional competition agencies. Further, they discuss the impact of the Protocol on Bigtech's anti-competitive practices in Africa; gatekeeper provisions in the Protocol and regulation of online platforms. Lastly, they conclude that this Protocol will significantly enhance the seat of Africa at the world table during antitrust negotiations.

In this Episode, Mr Emmanuel Kolawole Oke, who is a Senior Lecturer of International Intellectual Property Law at University of Edinburgh discusses with Isheta Boruah about the interface between international intellectual property law and international investment law; How the investment tribunals interpreted the fair and equitable treatment (FET) standard in intellectual property rights cases; How an intertextual approach be employed in the analysis of the interface between international intellectual property law and international investment law.

In this episode, Avani Joshi, Associate, Clifford Chance, Brussels interacts with Aditya Trivedi and Ritika Ghosh on her journey from India to Brussels as a competition lawyer. She shares her work experience in India and Brussels, interesting cases she dealt with, her approach to competition law, difference in antitrust practice of India and Europe, lessons for young lawyers and her take on sustainability and competition law.

In this episode, Dr. Amber Darr, Lecturer in Competition law, University of Manchester discusses with Aditya Trivedi about her book "Competition law in South Asia: Policy diffusion and transfer" published by Cambridge. They discuss the contents, objectives, research methodology, and conclusions of the book. They also engage in an insightful conversation on the development of competition law in 8 South Asian countries, the past and the present. Digital markets and upcoming challenges in competition law and how South Asian nations can tackle is also one of the interesting aspects of this podcast.

In this episode, Karina Flores, Deputy Director General, Mexican Competition Commission discusses with Aditya Trivedi and Rishika Jain about "Cartel Investigations and Leniency: The Mexican Experience". They discuss the constitutional amendments in Mexican competition law in 2013; natural justice and cartel investigations; leniency provisions of Mexican competition law; criminal liability on cartel offenders; leniency regime from a competition policy perspective and importance of competition compliance and advocacy programmes to make industry legally complaint.

In this episode, Mr Daniel Barrio, Senior Associate, Herbert Smith Freehills at Brussels discusses with Aditya Trivedi and Mrigank Patel on 'Gun-jumping in EU Competition law'. They discuss the meaning of gun jumping and provisions of EU Competition law; distinction between gun jumping and execution of a transaction before clearance; legal provisions on non notification of a merger; pending cases against Altice and Canon; violations of EUMR; and the role of competition compliance.

In this episode, Dr Claudio Lombardi, Lecturer in law, University of Aberdeen, Scotland discusses with Aditya Trivedi about Competition law and digital news industry. They discuss growth in information markets; traditional vs digital shift in the newspaper industry; competition law concerns in digital media; digital startups and economic growth; Bigtech and media; and future of digital journalism.

This episode is brought to you by In Conversation with IPR and Competition law Podcast in collaboration with Extra Cover Sports law blog.In this episode, Aditya Trivedi and Dhananjay Dhonchak discuss with T.L. Taylor, Professor of Comparative Media Studies, MIT and
Co-Founder, AnyKey on Growth of E-Sports Industry: Opportunities and Governance Challenges. They discuss the sociological impact of e-sports on youth; emerging trends in the online gaming industry; rise of game live streaming; regulatory governance of e-sports and intellectual property and other legal aspects.

In the second part of Episode 32, Mr Manuel Martinho Lopes Rocha, Associate, SRS Advogados discuss with Aditya Trivedi about "Hub and Spoke Cartels: EU Law and Portuguese Perspective". They discuss theory of harm and potential hub and spoke arrangements; market strategies through pricing algorithms in digital ecosystems and challenges faced by competition authorities when pursuing hub and spoke cases.

In this Part 1 of the episode, Mr Manuela Martinho Lopes Rocha, Associate, SRS Advogados, Portugal discuss with Aditya Trivedi about "Hub and Spoke Cartels: EU Law and Portuguese Perspective". They discuss features of hub and spoke cartels; relationship between Resale Price Maintenance and Hub and Spoke arrangements; standard and burden of proof; and Section 9 Portugese Competition Act regarding hub and spoke cartel.

In this episode, Ms. Betty Mkatshwa, Senior Analyst, Competition Commission, South Africa discuss with Aditya Trivedi on "Competition law and Public Interest: A South African Perspective". They discuss the role of non economic concerns in competition law and its impact on stakeholders; inclusion of Historically Disadvantaged Individuals (HDIs) in South Africa competition policy; public interest and gender inclusive competition policy.

In this episode, Dr. Or Brook, Associate Professor of Competition law and policy at the University of Leeds discuss with Aditya Trivedi about the Non-Competition Interests in EU Competition law. They discuss the recent publication of Dr. Brook ‘Non-Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU’ published by Cambridge University Press. Points of discussion included general balancing framework and broad categories of various balancing tools under Art 101 TFEU; modernisation of EU competition law enforcement and Regulation (EC) No. 1/2003 and impact on Non-Competition Interests; remarkable changes in the Commission's approach; implicit procedural tools in which enforcers refused to apply Art 101 TFEU to promote non-competition interests; and possible effects and implications of national balancing tools.

In this episode, Mr Aditya Jain, Advocate on Record, Supreme Court of India discuss with Aditya Trivedi about competiton law in healthcare sector in India. They discuss about the Antitrust issues involved in healthcare sector; concerns impacting consumers; analysis of policy, legislation and regulatory regime in healthcare; regulation of collusive practices; patent and Competition law; cross border competition in healthcare services; challenges of data sharing in pharma tech.

In this episode, Dr. Christophe A. Carugati, Affiliate Fellow, Breugel discuss with Aditya Trivedi and Mrigank Patel about the much talked about Digital Markets Act (DMA) and EU Competition law. They discuss the essential features of DMA; its impact on Big Tech; the concept of gatekeepers; obligation for identified gatekeepers; discussion on Article 6 of DMA; relationship of DMA with NCAs (National Competition Authorities); targets of DMA; interplay of GDPR and DMA; and self preferencing and self regulation.

In this episode, Ariel Ezrachi, Slaughter and May Professor of Competition Law, University of Oxford and Maurice Stucke, Douglas A. Blaze Distinguished Professor of Law, University of Tennessee discuss with Aditya Trivedi and Mrigank Patel about their book " How Big-Tech Barons Smash Innovation and How to Strike Back" published by Harper Collins.

They discuss about the essential features of Tech Barons and their influence on economy; Interoperability torpedo; competition law governance; innovation and competition; impact of Big Tech on consumers and finally their comments on DMA and DSA

In this Episode Isheta Boruah hosts Barasha Borthakur.Barasha is doctoral researcher at Centre for Commercial and Legal Studies, School of Law, Queen Mary University of London.
Here she talks about, how important Green Intellectual Property is in contemporary times; difference between green technology, clean technology and environmentally sound technology; how these technologies are or will be used to mitigate climate change with regards to IPR; Technology Transfer with regards to IPR and Climate Change; How important was the interplay of IPR during the COVID times and also in regards to the rollout of vaccinations by pharmaceutical companies et al.

In this episode, Maja Dobrić, Case Handler at the Commission for Protection of Competition, Serbia discusses with Aditya Trivedi about the competition law regime in Serbia. They discuss the legislative framework, role and duties of the Commission, merger control regime, powers and jurisdiction of judicial bodies on competition law issues. Significantly, they observe specific features of Serbian Competition law, provisions related to Resale Price Maintenance, partial abuse of dominance and Competition advocacy and compliance programmes by the Commission.

In this Episode, Isheta Boruah hosts Mathews V.C. who is the Group Head of Intellectual Property Rights at Fox Mandal. Mathews sir discusses about what can we expect when it comes to the future of the metaverse, is there a future to the metaverse?; the implications of the metaverse with respect to copyrights?; How does it change the landscape of copyright protection and how prepared is the copyright law when it comes to metaverse, the impact of metaverse on the NFTs, problems that can be perceived in the field of intellectual property in the metaverse. et. al.

In this episode, Mr Purushottam Anand, Founder, Crypto Legal and petitioner-in-person of an Antitrust case against Google before Competition Commission of India discusses with Aditya Trivedi about the competition laws and regulation of Bigtech in India and emerging issues related to the same. They discuss about the impact of competition due to the presence of Bigtech companies, monopolisation, killer acquisitions, legislations governing the same and their efficacy, cases and market studies of CCI, data privacy and blockchain aspect, etc.

In this episode , Yemesi Oluyode , Mergers and Acquisitions Analyst , Federal Competition and Consumer Protection Commission , Nigeria discusses with Aditya Trivedi on Merger Control Regime in Nigeria . They discuss about the powers of the Commission, Legislative Provisions, Merger thresholds , Jurisdictional overlaps between Sectoral Regulators and the Commission and Procedural and Substantive aspects of Merger review in Nigeria .

In this episode, Dr Vijay Kumar Aggarwal, Senior Consultant, Competition Law and Policy, Lex Indis Law Offices answers to Aditya Trivedi and Mrigank Patel on pertinent questions regarding jurisdiction of Competition Commission of India and statutory authorities in India on competition law cases. They discuss recommendations of Raghavan Committee Report; Section 21 and 21 A of Indian Competition Act; statutory authorities and regulatory authorities in India; cases concerning Section 21 and various judicial pronouncements regarding competition law jurisdiction in India

In this episode, Mr Juan David Gutiérrez Rodríguez, Associate Professor at Universidad del Rosario, Bogota, Colombia discusses with Aditya Trivedi about the origin and development of antitrust laws in Latin America; impact of pandemic on market competition; leniency regime; digital markets and competitive landscape; merger control regime and competition law compliance in Latin America

In this episode, Odie Strydom, Economist and CEO, Betweenity (Pty) Ltd from South Africa discusses with Aditya Trivedi about the Futures studies in competition law. They discuss legal provisions related to impact studies in South Africa; impact studies and market inquiries; shortcomings of impact study tests; welfare standards for developing countries, et al.