Name: Interview with Dennis Davis (South African Competition Appeal Court): Competition & Globalization in Developing Economies Conference
Start: 2016-10-28T08:30:00-04:00
End: 2016-10-28T18:30:00-04:00
Location: New York University School of Law

Interview with Dennis Davis (South African Competition Appeal Court): Competition & Globalization in Developing Economies Conference

This year’s conference will highlight anti-cartel and corruption enforcement, and experts will present compliance strategies to guard against both, especially at their intersection as occurred in Brazil’s Petrobas incident. The program will explore big data networks and their effect on economic development; and experts will explain the most recent concerns in clearing mergers that affect developing countries, including legislative developments in adding public interest factors to merger law and advice as to what the agencies will expect from the merging parties to address these concerns.Photos will be taken at the event; attendees agree for the organizer to use these photos unless otherwise required in writing.In case of over registration, attendance will be limited to one representative per institution, at the discretion of the organizer.CLE Information: This conference has been approved for a total of up to 7 credits of CLE in the Areas of Professional Practice category. The credit will be both transitional and non-transitional. The event is appropriate for both newly admitted and experienced attorneys.NYU School of Law has a financial hardship policy. For more information, please contact the organizer.

Concurrences + NYU School of Law

COMPETITION AND GLOBALIZATION 
DEVELOPING ECONOMIES   
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Interview with Dennis Davis
 
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Dennis Davis (President, South African Competition Appeal Court) has been interviewed by Assimakis Komninos (Partner, White & Case) in view of their panel "  Pricing and Development Issues: Exploitation and Collusion." They will join the Competition and Globalization in Developing Economies conference that will take place in New York City on October 28, 2016 at New York University School of Law. 
To see the full program and register, please click <A HREF="http://www.eventbrite.com/e/competition-and-globalization-in-developing-economies-tickets-25961559724">here</A>. 
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Do you think there is a divergence between developed and developing countries in terms of the types of monopolisation or abuse of dominance that agencies are more inclined to pursue? For example, would you say that agencies in developing countries have an inclination towards pursuing exploitative abuses, such as “excessive pricing”?
Excessive pricing has become important for developing countries, arguably for two reasons: there is a concern with small downstream enterprises being heavily restricted in their development by the pricing imposed by large, often previously run para statal corporations on key inputs. In addition there are concerns about the pricing of access to IP which is desperately needed by developing countries. It is ironic thus that in a country like South Africa the test as laid down in United Brands more than 30 years ago has been ‘dusted off’ for use.
We are seeing again a certain Transatlantic divide in treating unilateral conduct. After the Microsoft cases there was calm but recently there are again signs of disaccord between the US and the EU. Why is the area of unilateral conduct prone to that disaccord and does it mean that the IT sector, in particular, will have to be regulated in a global scale by the enforcer following the stricter approach?
It is hardly surprising, given the current global context that there is again significant attention being paid to powerful multinational corporations and their use of economic/financial power to subvert a competitive process or more narrowly couched, the national interest. With the growing power of global value chains and thus global forms of production of goods and services, the scope and range of national regulation has been severely to the test; hence the need to lift our regulatory gaze towards the global.
What are the recommendations you would make to young antitrust agencies when selecting which unilateral conduct cases they should give priority to?
It is critical for a developing country with limited resources to prioritize its agenda. For me, cartels are the most urgent question. But if developing countries fashion a merger law to suit their developmental needs then the abuse of dominance doctrine assumes greater importance; that is if a merger is allowed to respond to global competition, it may be that any abuse can be cured by way of the abuse doctrine. I am uncertain as to whether exploitative conduct should be a priority as cases of this kind require significant resources and expertise which may not be available to a developing country’s authority.

Interview with Dennis Davis (South African Competition Appeal Court): Competition & Globalization in Developing Economies Conference

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