Claudio Lombardi

Bio: Claudio Lombardi is an academic researcher from KIMEP University. The author has contributed to research in topics: Competition law & Causation. The author has an hindex of 8, co-authored 11 publications receiving 166 citations. Previous affiliations of Claudio Lombardi include National Research University – Higher School of Economics & Max Planck Society.

Superior Bargaining Power and the Global Food Value Chain: The WutheringHeights of Holistic Competition Law?

Abstract: In this paper we analyse the role of superior bargaining power in competition law and policy in the agri-food value chain. Conventional approaches to competition law based on a neoclassical price theory perspective tend to neglect or to stay opaque on the role of bargaining power in competition law. However, national competition authorities and national legislators seem to be less biased by specific theoretical approaches and have increasingly engaged with the application of the concept of bargaining power in competition law. In this paper we discuss both positions and set a general theoretical framework, the global value chain approach, to better understand the interactions between suppliers and retailers in the food sector. Finally, we observe the framing of new tools of competition law intervention at national level, in order to deal with situations of superior bargaining power in specific settings related to the food value chain.

The Passing-On of Price Overcharges in European Competition Damages Actions: A Matter of Causation and an Issue of Policy

Abstract: This paper analyses the functioning of the passing-on of price overcharges in damages actions for breaches of EU competition law and aims to give a critical appraisal of the present regulatory framework in Europe. In particular, this paper maintains that the European Directive 2014/104, in order to facilitate the claims of damages caused by the infringement of European competition rules and to provide full compensation for those damages, has adopted a complex set of rules placing the burden of proof on the party that has, assumedly, the best access to evidence on the relevant issue. Moreover, it is noted that these rules give a strict definition of the overcharge harm and of its diffusion through the market chain. In this connection, it is argued that the objectives of the Directive are partly compromised by the fact that this restrictive approach fails to take into consideration a number of other subjects who may potentially be damaged by the passing-on of the overcharge harm.Secondly, this paper maintains that the set of rules laid down by the Directive 2014/104 creates a system of presumptions, which, contrary to its intended purpose, is likely to discourage damages actions. Finally, this paper argues that actions by indirect purchasers based on the passing-on of the overcharge will still need to heavily rely on domestic civil law rules in particular on local principles of causation and evidence.

Online News and Advertising: What Role for Competition Law?

Abstract: This paper examines the effects on competition, freedom of speech and democracy as a whole, of the use of behavioral targeting in the online news sector, and the institutional alternatives available to tackle them. It also relies on new empirical research on behavioral tracking in the online news sector. By revealing the network of parties involved in the process and the users’ data they share, this research demonstrates the central role of social platforms in shaping demand and the different levels of competition existing between ad networks, publishers and newspapers. Accordingly, the paper begins by mapping out the relationships between advertisers, publishers, data aggregators and other third parties. It then considers the different dimensions of competition in the collection and elaboration of the data needed to perform behavioral targeting, therefore also discussing whether competition law intervention would be justified. The paper also considers the effects of digital platforms and targeting on the quality of news reporting, on the diversity of information disseminated and on democracy as connected to the competitive dynamics established in the market. Targeted advertisement and tailored web-pages are part of a new type of behavioral targeting hinging on the elaboration of data obtained from the digital identities of the users. In the market for news, information (and ultimately ideas) the creation of a tailored digital environment may bring about not only economic effects but also distortions of the democratic process. In Part I, this paper presents the mechanisms through which behavioral targeting is made possible on the internet in particular through audience targeting. Part II describes the structure of this industry and examines the characteristics of ‘algorithmic curation’. It also reports the result of the empirical analysis performed by recording all tracking cookies on a selection of 100 different news websites and examines the (potential) competitive issues existing between publishers, ad networks and newspapers. Part III explores the different legal tools available to tackle unfair trading practices and anti-competitive conducts in this market. Part IV discusses whether competition law may expand its reach beyond the pricing mechanisms, promoting the protection of constitutional rights and public interest concerns, such as the one to correct information, and compares the application of competition laws to the other institutional alternatives.

会社法 = Company law

Abstract: 第１編 総則 第２編 株式会社 第３編 持分会社 第４編 社債 第５編 組織変更、合併、会社分割、株式交換及び株式移転 第６編 外国会社（８１７条‐８２３条） 第７編 雑則 第８編 罰則（９６０条‐９７９条）

A sustainable food system for the European Union

Abstract: Food lies at the heart of our lives. It is vital for our survival, and links us to our natural and social environment in a unique way. But our food system is unsustainable. How can we ensure future food security without treating people unfairly or leaving them behind? Food systems have complex social, economic and ecological components, and radical transformation is needed to make them sustainable. This report from SAPEA lays out the science on how that transition can happen in an inclusive, just and timely way. he global demand for food will increase in the future. To meet this demand, it is not enough simply to increase productivity in a sustainable way. We also need to change from linear mass consumption to a more circular economy — which will mean changing our norms, habits and routines. The evidence shows that this kind of behaviour change needs to happen collectively, not just individually. So we need joined-up governance at local, national and international levels. Food systems also contribute significantly to greenhouse gas emissions. This can be addressed by reducing waste or directing it back into the supply chain. A mix of different measures will be most effective. The evidence shows that taxation is one of the most effective ways to modify behaviour. Accreditation and labelling schemes can also have an impact. Meanwhile, reform of European agriculture and fisheries policies offer great opportunities to develop resilience and sustainability. But there is not yet enough evidence to know for sure exactly what works in practice, so the steps we take should be carefully evaluated, and trade-offs anticipated.

Causation in Competition Law Damages Actions

Abstract: Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.