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________________________________________________________ Intergovernmental Group of Experts on Competition Law and Policy Meeting of the UNCTAD Research Partnership Platform 10th SESSION Room XVII, Palais des Nations, Geneva Wednesday, 10 July, 2019 UNCTAD-ZHAW Joint Research Project: Digitalization, Competition and Consumer Protection Dr. Fabio Babey, Deputy Head of Center for Competition and Commercial Law Zhaw School of Management and Law This material has been reproduced in the language and form as it was provided. The views expressed are those of the author and do not necessarily reflect the views of UNCTAD.

Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

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Page 1: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

________________________________________________________

Intergovernmental Group of Experts on Competition Law and Policy  

Meeting of the UNCTAD Research Partnership Platform

10th SESSION

Room XVII, Palais des Nations, Geneva

Wednesday, 10 July, 2019

UNCTAD-ZHAW Joint Research Project: Digitalization, Competition and Consumer Protection

 

 

Dr. Fabio Babey, Deputy Head of Center for Competition and Commercial Law

Zhaw School of Management and Law

This material has been reproduced in the language and form as it was provided. The views expressed are those of the author and do not necessarily reflect the views of UNCTAD.

Page 2: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Dr. Fabio Babey, Deputy Head of Center for Competition and Commercial Law

Building Competence. Crossing Borders.

UNCTAD-ZHAW Joint Research Project:

Digitalization, Competition and Consumer Protection

10th Meeting of the UNCTAD Research Partnership PlatformGeneva, 10th July 2019

Page 3: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Agenda

I. About us

II. Background

III. Objective

IV. Plan

Digitalization, Competition and Consumer Protection

10th July 2019 2Digitalization, Competition and Consumer Protection

Page 4: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

I. About us

3Digitalization, Competition and Consumer Protection

ZHAW School of Management and LawOne of the leading Swiss business schools: scientifically grounded, interdisciplinary, and strongly oriented to real-world business practices.

Center for Competition and Commercial LawFocuses on selected aspects of international commercial law at the intersection of business and law. We facilitate cooperation and build networks with premier academic and business partners.

10th July 2019

Page 5: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

The rise of digitalization

II. Background

4Digitalization, Competition and Consumer Protection10th July 2019

Are the current competition law enforcement tools fit to deal with these issues?

Page 6: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

New developments

II. Background

5Digitalization, Competition and Consumer Protection10th July 2019

Anti-competitive Agreements• Geoblocking• Price algorithms

Abuse of Market Power• Big data • Network effects

Merger Control• Conditions for review• Market definition

Page 7: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Chances and Challenges for competition and consumers

II. Background

6Digitalization, Competition and Consumer Protection10th July 2019

How digitalization could be inclusive and benefitdeveloping countries

How digitalization could harm consumers

Equal opportunities for all? Less quality, less choice, less privacy and less innovation?

Page 8: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

III. Objective

10th July 2019 7Digitalization, Competition and Consumer Protection

Raise critical awareness of the opportunities andchallenges arising from digitalization.

Provide policy recommendations to promotecompetition in and inclusiveness of the digitaleconomy, and ensure that consumers are wellprotected.

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Page 9: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

IV. Plan

8Digitalization, Competition and Consumer Protection

Phase 1

Identify the challenges and developments in the digital world in relation to competition and consumer protection.

Phase 2

Identify how competition and consumer protection authorities deal with the new challenges.

Phase 3

Evaluate the findings and develop policy recommendations for competition and consumer protection authorities, especially in developing countries.

10th July 2019

The findings are presented in an UNCTAD - ZHAW joint publication during the 8th UN Review Conference.

Page 10: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Draft Outline of the Publication

I. Introduction

II. E-commerce, competition policy and consumer protection

III. Digital economy, big data and competition

IV. Digital economy and consumer data protection

V. Online platforms: Regulate or break up?

VI. Regional Solutions to Global Problems: Regional Competition Frameworks

IV. Plan

10th July 2019 9Digitalization, Competition and Consumer Protection

Page 11: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Timeline

July 2019 Presentation of the project during the 10th RPP meeting

December 2019 Deadline for the submission of the first draft of Chapters

February 2020 Deadline for final drafts of Chapters

Spring 2020 Finalization of the publication

Launch of the publication for the 8th UN Review Conference in 2020.

IV. Plan

10th July 2019 10Digitalization, Competition and Consumer Protection

Page 12: Meeting of the UNCTAD Research Partnership Platform · 10thMeeting of the UNCTAD Research Partnership Platform Geneva, 10thJuly 2019. Agenda I. About us II. Background III.Objective

Thank you for your attention!

Please get in touch with us:

Ebru Gokce Dessemond

[email protected]

Dr. iur. Fabio Babey

[email protected]