International workshop on investigating techniques

On June 20 and 21, 2012 the Antimonopoly Office of the Slovak Republic together with Federal Trade Commission carried out the Fifth Annual FTC – Eastern European Competition Workshop in Bratislava. FTC organizes annual workshops for competition authorities from Eastern European countries. Participants from Czech Republic, Hungary, Poland, Austria, Lithuania, Latvia, Estonia, Slovenia, Croatia, Serbia, Bosnia and Herzegovina, Albania and Slovakia attended the workshop.

The two-day workshop provided participants with advanced training for investigating agreements and abuses of dominant position. Workshop was conducted by experienced lectors Joseph S. Brownman, a Senior Attorney in the Federal Trade Commission’s Bureau of Competition and Nicholas J. Franczyk from the Counsel for International Technical Assistance in the Federal Trade Commission’s Office of International Affairs.

The first day of the workshop included training on proving agreements in the absence of direct evidence. The second day focused on abuse of dominance, comparing and contrasting the U.S., E.U. and other jurisdictions’ standards for dominance or substantial market power and anticompetitive foreclosure. Both sessions included interactive case studies to reinforce key concepts.

Second day session provided a general introduction to the US, EU and various other jurisdictional approaches to analyzing an alleged abuse of a dominant position, including comparing and contrasting the standards for dominance/substantial market power and anticompetitive foreclosure. The session referenced both relevant case law and agency policy of the different jurisdictions, and the International Competition Network’s Recommended Practices on Dominance/Substantial Market Power Analysis.

More detailed discussions of the law, agency policy, economics and the ICN’s Reports on five particular types of conduct – unilateral refusals to deal, exclusive dealing, predatory pricing, loyalty discounts and rebates, and tying and bundled discounting – were examined in each session of the workshop.

Last update:01.12.2013