GCR August / September 2008

Anatomy of a dawn raid: How enforcers and counsel prepare

Country surveys: France and Colombia - Profile: Sir Christopher Bellamy - Marine hose cartel - Global briefing

Journal Feature

Clinton behind bill to overturn Leegin ruling

Three US senators, including presidential hopeful Hillary Clinton, have introduced a bill that would nullify the Supreme Court’s decision to legalise some instances of retail price maintenance.

The International Competition Network: An Update for the Americas

Maria Coppola Tineo is counsel for international antitrust at the US Federal Trade Commission where she is responsible for multilateral affairs, including the Organisation for Economic Cooperation and Development, the International Competition Network, and the United Nations Conference on Trade and Development.

Anatomy of a dawn raid

Over the past few years, preparing clients for dawn raids has become the focal point of many competition practices. Ron Knox examines how some agencies conduct their raids, and how lawyers prep their clients for when enforcers are at the door

Fine times in Belgium

Belgium’s Competition Authority recently imposed its first fines on a horizontal cartel. Peter Scott met Stefaan Raes, head of the Competition Council, and two Belgian competition lawyers, to discuss the recent developments and the challenges ahead

Profile: Sir Christopher Bellamy

Sir Christopher Bellamy left the UK Competition Appeals Tribunal last year to return to private practice. Peter Scott spoke to him about the changing landscape of competition law

The red curtain rises

China has been crafting its Anti-Monopoly Law for more than a decade. Now that the longawaited law has taken effect, Peter Scott and Ron Knox explore how competition authorities and the private sector have worked with Chinese enforcers to get it right

The UK marine hoses prosecutions: beachhead or aberration?

Donald I Baker of Baker & Miller PLLC looks at the future of prison sentences for cartelists following the recent imprisonment of three British executives involved in the international marine hose cartel

Wilson panel: making Canada more competitive

Paul Crampton of Osler Hoskin & Harcourt LLP examines the recommendations made by the Competition Policy Review Panel on how to improve Canadian competitiveness

Russia: Authority issues new merger guidelines

Russia’s Federal Antimonopoly Service has adopted an order, entitled 'On Approving the Form for Presenting Information to the Antimonopoly Body in Applications and Notifications'.

Nadezhda Poustovalova
CMS Cameron McKenna LLP
Moscow

Country Survey: France

An interview with Bruno Lasserre

Bruno Lasserre is president of France’s Competition Council and a member of the International Competition Network’s steering committee. Rachel Bull met him in Paris to discuss the creation of a single competition authority in France

A new generation

With the dawn of the single competition authority, France’s competition regime is about to experience its biggest shake up since the beginning of the decade. Rachel Bull looks at which firms are leading the way

When two become one

France’s competition regime is undergoing a radical overhaul. Rachel Bull finds out what’s about to change and what the country’s competition lawyers think

Country Survey: Colombia

Colombia: The birth of enforcement

Emily Gray investigates how Colombia’s fledgling competition regime is coping with market liberalisation, advancements in antitrust enforcement and forthcoming amendments to the country’s competition law

An interview with Gustavo Valbuena

Gustavo Valbuena is the head of Colombia’s competition agency, the Superintendency of Industry and Commerce. Emily Gray asked him about his role and the particular challenges facing Colombia

Colombia's competition bar

Colombian competition lawyers are finding themselves busier than ever, thanks to the increasing activity of the Superintendency of Industry and Commerce, the national competition authority, and a boom in mergers and acquisitions. Emily Gray looks at the firms active in the country

Corporate Counsel

Corporate Counsel: Pal Kara

Title: Group general counsel
Age: 37
Company: MOL plc
Previous employment: GE Hungary

Community News

Ripley returns to Howrey

Antitrust litigation specialist Richard Ripley has rejoined Howrey LLP in Washington, DC, after spending more than 20 years at the firm earlier in his career.

Ripley returns to Howrey

Antitrust litigation specialist Richard Ripley has rejoined Howrey LLP in Washington, DC, after spending more than 20 years at the firm earlier in his career.

Samuel is reappointed as ACCC chair

Australia’s Competition and Consumer Commission chairman, Graeme Samuel, has been reappointed for a three-year term.

Linklaters expands in Hong Kong

Linklaters LLP antitrust partner Erik Söderlind is moving from Stockholm to Hong Kong to launch the firm’s Asian competition practice.

Baker & McKenzie promoting on four continents

Baker & McKenzie LLP has promoted Helen Bardell to partner in its London office, as one of several recent promotions across its global antitrust and competition practice.

Pascual to leave CNC

The man most credited with transforming Spain’s competition enforcement regime is stepping down.

Lawson Hunter returning to private practice

The man who is generally credited with authoring Canada’s current competition law is returning to his former firm, Stikeman Elliott LLP, as counsel.

Agencywatch

Canadian team to review subpoenas

Canada’s Competition Bureau has created a new review team to ensure its ex parte requests for documents during merger reviews are appropriate.

Germany blocks major cheese merger

Germany’s Federal Cartel Office has prohibited dairy producer Loose’s acquisition of sour milk cheese brands from rival Poelmeyer.

Spanish probe into notaries

Spain’s National Competition Commission has launched an investigation into the Notaries Association of Granada.

DG Comp adopts shipping guidelines

The European Commission in early July published guidelines for the introduction of competition law to the shipping industry.

Hungarian president challenges reforms

Hungarian president Laszlo Sólyom has challenged amendments to the country’s Competition Act, which were passed by parliament earlier this year.

China unveils multi-tiered enforcer

Three agencies and a governing antimonopoly commission will comprise China’s competition enforcement regime when the country’s long-awaited Anti-Monopoly Law takes effect on 1 August, according to press reports.

Behind the Headlines

Tobacco cartel receives record UK fine

The UK’s Office of Fair Trading has fined six companies £132 million for unlawful agreements on the retail pricing of tobacco products.

CFI allows third-party cartel fine

In a groundbreaking decision, Europe’s Court of First Instance has upheld a European Commission fine against a consultant in a cartel case, ruling that those who assist cartels are also liable for the anti-competitive behaviour.

DG Comp rules on collecting societies

The European Commission has released a decision forcing collecting societies, which collect copyright fees on behalf of musicians and songwriters, to compete with each other across geographical borders.

Pratt vows to fight ACCC

Australian cardboard billionaire Richard Pratt has launched an aggressive defence against perjury allegations made by the chair of Australia’s Competition and Consumer Commission, Graeme Samuel.

Marine hose executives appeal

Two of the 'marine hose three' sent to prison last month for their roles in a global marine hose cartel are appealing against their sentences.

Global Briefing

SOUTH AFRICA: COMPETITION TRIBUNAL MAKES RULING ON APPLICATION OF DISCOVERY RULE

Decision made on whether applicants can rely on a High Court Rule to compel discovery of certain documents

Nkonzo Hlatshwayo and Megan Vries

Webber Wentzel

Johannesburg

Italy: Italy reviews Alitalia/ Volare decision

Italy’s Antitrust Authority reviews the structural remedies imposed on Alitalia following the Volare takeover

Alessandro Greco
Freshfields Bruckhaus Deringer
Rome

Poland: Artists' rights remain protected

Poland’s Competition Authority has imposed another penalty on Poland’s largest royalties collecting society, ZAiKS.

Aleksander Stawicki and Andrzej Nentwig
Wiercinski Kwiecinski Baehr
Warsaw

Portugal: authority clears hydroelectric deal

Portugal’s Competition Authority has cleared with conditions and obligations EDP Produção’s acquisition of certain assets from EDIA

Alexandra Dias Henriques and Ricardo Filipe Costa
Marques Mendes & Associados
Lisbon

South Africa: Tribunal dismisses costs claim

On 13 February Omnia Fertilizer applied for wasted costs to be awarded against the Competition Commission following an application for the consolidation of two complaints that had been filed, and the subsequent withdrawal of this consolidation application by the commission. On 7 March 2008, the tribunal dismissed the application for wasted costs.

Anton Roets and Morakane Seperepere
Webber Wentzel
Johannesburg

United States: Court rejects tying claim

The Seventh Circuit Court of Appeals considered and rejected an allegation that a franchisor’s requirement that its dealers use a credit card processing service designated by the franchisor could constitute unlawful tying

Ronan Harty
Davis Polk & Wardwell
New York

Australia: Government seeks tenders for a national broadband network

Structural separation has become a prominent issue in the government’s request for proposals

James Greenwood
Allens Arthur Robinson
Sydney

Denmark: Council extends Carlsberg commitments

Agreement contains Carlsberg’s commitments in relation to agreements with public houses in the food service sector

Jan-Erik Svensson
Gorrissen Federspiel Kierkegaard
Copenhagen

Germany: FCO focuses on German fuel markets

Germany’s Federal Cartel Office recently opened a sector inquiry into the German fuel markets after it ascertained in a merger clearance decision that five large oil companies held a collectively dominant position on the market for German petrol stations

Frank Röhling and Maren Tamke
Freshfields Bruckhause Deringer
Berlin

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