How To Conduct An Ecommerce Sector Inquiry In Europea

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1 The e-commerce Sector Inquiry La strategia europea per il mercato unico digitale Confindustria Seminar in Brussels 19 June 2015 LUCA DI MAURO European Commission DG Competition Digital Single Market Task Force

in Brussels 19 June 2015 LUCA DI MAURO European

2 e-commerce Evolution of total and online retail sales in goods in the EU, (EUR billion) Total Online (right scale) Source: Duch-Brown and Martens (2015) 2

0 200020012002200320042005200620072008200920102011201220132014 250.0 200.0 150.

3 e-commerce in the EU % Internet purchases by individuals (Eurostat) 2014 Out of those individuals who used the Internet, this is the percentage of those who purchased online 3

4 Legal Basis Commission Decision of 6 May 2015 initiating an inquiry into the e-commerce sector pursuant to Article 17 of Regulation 1/2003 Article 17 Regulation 1/2003: [..] where the trend of trade between Member States, the rigidity of prices or other circumstances suggest that competition may be restricted or distorted within the internal market, the Commission may decide to conduct an inquiry into a particular sector of the economy or into a particular type of agreements across various sectors. 4

.] where the trend of trade between Member States, the rigidity of prices or other circumstances suggest that competition may

5 Previous Sector Inquiries Energy ( ) Financial services ( ) Pharmaceuticals ( ) 5

6 Context: Digital Single Market Strategy Political priority of the Commission, adopted on 6 May 2015 Aim: Better access for consumers and businesses to online goods and services across Europe - Remove unjustified barriers Actions: Legislative actions public or regulatory barriers Complemented by Sector Inquiry private or company erected barriers 6

services across Europe - Remove unjustified barriers Actions: Legislative actions

7 Indications of company-erected barriers There are indications of company-erected barriers in e-commerce, primarily aimed at territorial fragmentation and restriction of price competition Commission's casework NCAs' casework and policy initiatives Cross-border restrictions focus of the e-commerce Sector Inquiry 7

fragmentation and restriction of price competition Commission's casework NCAs'

8 Indications of company-erected barriers (studies) 22% of wholesale and retail trade companies say the fact that their suppliers restrict or forbid them to sell abroad is a problem (FLASH EUROBAROMETER 413, 2015) Should the suppliers' restrictions be removed, the likelihood of engaging in cross-border e-commerce would increase by 10% and the volume of sales would increase by 6% on average (Duch-Brown and Martens, 2015) 5% of consumers were redirected and a further 6% indicated that foreign sellers refused access (EC, 2015) 8

the likelihood of engaging in cross-border e-commerce would increase by 10% and the volume of sales would increase by 6% on average

9 Targeted products and services 10% 22% Clothing, shoes and accessories Consumer electronics and electrical household appliances Books printed and electronic 32% Healthcare products 20% Digital content Travel services 9% 11% Sources: EC, 2015 and Eurostat, 2014 (inaccuracies due to different sources) 9

electronic 32% Healthcare products 20% Digital content Travel services 9%

10 Types of restrictions (goods) Restrictions to sell cross-border (passive sales, geoblocking) Restrictions to sell online (platform bans) Pricing restrictions 10

11 Types of restrictions (digital content) Absolute territorial protection Supporting contractual provisions Geoblocking requirements Requirements for customers terms of service Enforcement mechanisms 11

provisions Geoblocking requirements Requirements

12 Targeted undertakings Manufacturers and merchants of goods (hybrid, e- tailers) Online content service providers (VOD, OTT) Online platforms: Marketplaces and Pricecomparison tools Cross-border and pan-european issues across all 28 EU Member States 12

OTT) Online platforms: Marketplaces and Pricecomparison tools

13 Timing First round of requests for information in June 2015 Preliminary Report followed by Public Consultation mid-2016 Final Report in the 1Q

14 Goals of the Sector Inquiry Gain a more comprehensive understanding of competition issues, market dynamics and business challenges in cross-border e-commerce If appropriate, provide guidance to businesses through subsequent enforcement Look at the legal framework on online vertical restraints in the light of current market realities Complement legislative initiatives 14

guidance to businesses through subsequent enforcement Look at the legal framework on online

COMMENTARY. European Commission Launches E-Commerce Sector Inquiry. What are Sector Inquiries?

COMMENTARY. European Commission Launches E-Commerce Sector Inquiry. What are Sector Inquiries? MAY 2015 COMMENTARY European Commission Launches E-Commerce Sector Inquiry The European Commission (the Commission ) has launched a sector inquiry of the e-commerce sector in Europe. 1 This is a far-reaching