GCR August/September 2010

Journal Feature

The science of compliance

Fifteen years ago, some companies joked that their competition compliance programme consisted of a shredder. Now, creating training programmes, implementing networks of communication and creating internal avenues for whistleblowers is an integral part of business for in-house and private practice lawyers. Despite the importance of compliance in preventing antitrust violations, competition authorities have issued relatively little guidance on the subject. Rosalind Donald investigates

State survey: Texas

An interview with Mark Tobey: Special counsel for state relations and agriculture, US Department of Justice, antitrust division

State survey: Texas

Texas’s competition bar:

In the Lone Star State, litigation is the rule, and some of the most contentious industries in the US – energy and health care among them – turn to the state’s courtroom warriors to hash out antitrust issues. Ron Knox explores which Texas antitrust practices are capable of fighting and winning cases for clients in the wild, wild west

State survey: Texas

The state of the States:

A report published late last year painted a bleak picture of the relationship between the US Department of Justice’s antitrust division and its counterparts at the state level. But was the relationship truly as bad as it might have appeared? And has a new approach to the relationship at the division resulted in real changes? Ron Knox investigates

In focus: the new vertical restraints regime

The European Commission has ushered in new rules for purchase and distribution agreements, a decade on from its last review of the vertical restraints regime. Emily Gray examines the key changes to the regulation and guidelines – and the repercussions of those changes for the business community

Country Survey: France

An interview with Bruno Lasserre

In March 2009, France’s Competition Council took over DGCCRF’s competition powers to become a single, unified authority. Rachel Bull met its president in Paris to talk about the journey so far

France's competition bar

Growing awareness of competition law and an increasingly active competition authority has left France’s antitrust bar bursting at the seams. Rachel Bull went to Paris to find out more

Tried and tested

Despite being a relatively young agency, France’s Competition Authority is among the most active enforcers of antitrust law in Europe. In a country where policies are refined and awareness of the law widespread, what issues could the authority possibly face? Rachel Bull finds out

Corporate Counsel

Corporate counsel interview: Jean-Yves Art

Title: Associate general counsel
Age: 50
Company: Microsoft
Previous employment: Partner, Coudert Brothers LLP. Art is also a visiting professor at the College of Europe in Bruges and the University of Liège

Global Briefing

DENMARK: NYKREDIT BOUND BY 2003 INDEFINITE COMMITMENT

Mortgage credit institute tied to maximum price commitments made in connection with merger approval, says Competition Council

Jan-Erik Svensson

Gorrissen Federspie

Copenhagen

FINLAND: COMPETITION AUTHORITY PUBLISHES 2010 YEARBOOK

Book provides a summary of the activities, workload and decisions of the FCA in 2009 and start of 2010

Niko Hukkinen and Maria Troberg

Roschier Attorneys Ltd

Helsinki

INDIA: M&A DEALS WILL SOON GET CLEARANCE IN 180 DAYS FROM COMPETITION REGULATORS

Ministry of Corporate Affairs plans to direct Competition Commission of India to clear proposals in 180 days

Suchitra Chitale

Chitale & Chitale Partners

New Delhi

INDIA: COMPETITION COMMISSION PROHIBITS KARNATAKA FILM CHAMBER OF COMMERCE FROM BANNING MOVIE RAVAAN

CCI decides in favour of screening Raavan in the state of Karnataka

Suchitra Chitale

Chitale & Chitale Partners

New Delhi

ISRAEL: ANTITRUST AUTHORITY TO HANDLE HEARING BEFORE SUBMITTING INDICTMENT

The companies and their association suspected of being parties to cartel arrangement not to submit proposals in governmental tenders

D Ziv Abramovich

Lapidot Melchior Abramovich & Co

Jerusalem

ITALY: ANTITRUST AUTHORITY MARKET TESTS GOOGLE

Commitments to correct the anti-competitive conduct being investigated are under scrutiny

Giorgio Candeloro

Freshfields Bruckhaus Deringer

Rome

PORTUGAL: LISBON COURT OF COMMERCE FULLY UPHOLDS COMPETITION AUTHORITY’S DECISION

Lisbon Breadmakers’ Association found guilty of attempting to fix prices and distort competition

Alexandra Dias Henriques and Ricardo Filipe Costa

Marques Mendes & Associados

Lisbon

SPAIN: CNC PUBLISHES REPORT ON COMPETITION AND THE AGRIFOOD SECTOR

The report tackles the relationship between competition rules and regulation concerning the agricultural sector

Evelyne Ameye and Teresa Lorca Morales

Gómez-Acebo & Pombo Abogados

Madrid

UNITED STATES: FEDERAL COURT REJECTS NEW YORK CITY’S CHALLENGE TO CONSUMMATED HEALTH CARE MERGER

The City of New York v Group Health Incorporated, HIP Foundation Inc, and Health Insurance Plan of Greater New York (SDNY 11 May 2010)

Ronan Harty and Edward Moss

Davis Polk & Wardwell

New York

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