GCR December 2007 / January 2008
Excessive pricing
Country surveys: Chile and Singapore - Litigation after Empagran - Canadian merger remedies - Privilege after Akzo
Journal Feature
Canada's approach to remedies in international mergers
Omar Wakil, partner at Torys LLP’s Toronto office, discusses the innovative way in which Canada's Competition Bureau handles competition concerns in multi-jurisdictional merger investigations
Excessive pricing a roundtable
Global Competition Review invited a number of competition specialists to participate in a roundtable on excessive pricing. The event was hosted by Thomas Hoehn, partner at PricewaterhouseCoopers in London. He moderated the discussion with JAMES CLASPER. The views expressed here are the participants' own and do not necessarily reflect those of their respective employers.
Beaten but unbowed
Eric Mahr of Wilmer Cutler Pickering Hale and Dorr LLP explains why, although limiting the scope of the Sherman Act, the Supreme Court’s Empagran ruling has not reduced the allure of treble damages and plaintiff-friendly US procedures to plaintiffs around the world
After Akzo: legal privilege in international competition cases
Chris Watson, competition partner at Dechert in London, discusses the conduct of transatlantic deals following the European Court of First Instance’s landmark decision in Akzo Nobel Chemicals and Akcros Chemicals v the European Commission
After Akzo: legal privilege in international competition cases
Chris Watson, competition partner at Dechert in London, discusses the conduct of transatlantic deals following the European Court of First Instance’s landmark decision in Akzo Nobel Chemicals and Akcros Chemicals v the European Commission
Belgium: new leniency notice issued
On 22 October, the Belgian State Gazette published a new leniency notice
Denmark: Council binds footbal asociation to commitments for sale of media rights
In October 2007, the Competition Council adopted a decision whereby Dansk Bold Union (DBU), the Danish football association, and Divionsforeningen, the association of football clubs inter alia in the Super League and first division, agreed to commitments regarding the sale of media rights for their leagues’ matches
Germany: Cartel Office sends supermarket to the checkout
In October 2007, the Federal Cartel Office issued a statement concerning an investigation of sales below cost by NETTO, a discount subsidiary of the German supermarket chain EDEKA
Ireland: Competition Authority clears soft drinks merger
The authority recently cleared Britvic’s acquisition of C&C’s soft drinks business, despite the high market share that the merged entity would enjoy. It shows once again the effects-based approach favoured by the authority
Ireland: Competition Authority clears soft drinks merger
The authority recently cleared Britvic’s acquisition of C&C’s soft drinks business, despite the high market share that the merged entity would enjoy. It shows once again the effects-based approach favoured by the authority
Italy: Telecom Italia under scrutiny again
The company has been accused of trying to foreclose competitors with selective ‘win-back’ and ‘retention’ strategies, using information exclusively available to it as network operator
Lithuania: authority fines energy company for abuse of dominance
In September, the competition authority decided that UAB Vilniaus energija had abused its dominant position in the market for leasing communication tunnels in Vilnius. Although the fine imposed is relatively minor, the case may set an important precedent
Spain: authority fines savings banks in hardcore cartel
In October, the newly operative Spanish Competition Authority imposed a e24 million fine on four savings banks in the Basque and Navarra regions for operating a cartel
Sweden: board minutes on price collaboration not enough to prove infringement
An alleged price-fixing agreement has been cleared by the Market Court
Switzerland: Commission declines to open investigation on request
The Competition Commission recently declined a request by four market-leading Swiss banks to open an investigation and make a decision on a multilateral domestic interchange fee that the parties planned to introduce
United Kingdom: OFT consults on priorities for next three years
In September, the Office of Fair Trading published for public consultation draft Prioritisation Principles, which provide an insight to its future enforcement activities
United States: court gives Novell standing in Microsoft case
In October, the Court of Appeals for the Fourth Circuit held that Novell was an appropriate antitrust plaintiff even though Novell did not allege that it was a consumer or competitor in the relevant market
Anne van Ysendyck
Company: ArcelorMittal
Title: Senior legal counsel - compliance and antitrust
Age: 37
Previous employment: Senior associate at Latham &
Watkins LLP
Title: Senior legal counsel - compliance and antitrust
Age: 37
Previous employment: Senior associate at Latham &
Watkins LLP
Korean watchdog punishes car companies
South Korea’s Fair Trade Commission has fined Hyundai Motor US$1.9 million for abuse of market dominance. Kia Motors has also been punished for fair trade violations.
Indonesian watchdog penalises LCD tender-fixers
Indonesia’s competition watchdog has banned three liquid crystal display monitor suppliers from taking part in procurement tenders for two years, after finding them guilty of anti-competitive practices.
Albanian watchdog fines Vodafone for market abuse
Albania’s Competition Authority has fined the country’s two mobile phone operators, Vodafone Albania and Albanian Mobile Communication, a total of US$5.52 million for abusing their market dominance.
Brazil pursues marine hose cartel
Brazil’s SDE is investigating the alleged cartel in the marine hose industry, which has also seen probes launched in the US, the UK and the European Union.
US enforcers reject merger control criticism
Two top-ranking US antitrust officials have defended their respective agency’s record on merger control.
ACCC allows health insurance merger
Australia’s competition watchdog has cleared a merger between two of the country’s largest private health insurers, BUPA Australia and MBF Australia.
Country Survey: Singapore
Singapore's competition bar
Several Singaporean law firms have launched competition groups in the past couple of years. James Clasper looks at the eight practices most likely to succeed
Country Survey: Chile
Country survey: Chile
After a series of key legislative changes, Chile’s competition regime is finally beginning to blossom, writes Emily Gray
Country Survey: Singapore
The ripple effect
The confidence of Singapore’s competition commission typifies the island’s optimism. But, explains James Clasper, the hard work lies ahead
Interview with the Competition Commission of Singapore
James Clasper talked to Lam Chuan Leong, chairman of the Competition Commission of Singapore, Foo Tuat Yien, its acting chief executive, and Robert Ian McEwin, its chief economist
Country Survey: Chile
An interview with Enrique Vergara
Enrique Vergara is Chile’s national economic prosecutor, the country’s chief antitrust enforcer. Clare Bolton, editor of Global Competition Review's sister title, Latinlawyer, talked to him about his role and the particular challenges facing Chile
Chile's competition bar
Chilean competition specialists are few and far between. But, says Emily Gray, legislative reform and a growing compliance culture means the practice area is expanding
Community News
Sweden names new chief economist
Sweden’s Competition Authority has appointed Sten Nyberg as its new chief economist.
Pavia e Ansaldo opens in Brussels
Italian firm Pavia e Ansaldo has recruited competition lawyers Alessandra Franchi and Antonio Abate to head up its new Brussels office.
Freshfields boosts China practice
Alex Potter, partner in Freshfields Bruckhaus Deringer’s London office, is relocating to Beijing as co-head of the firm’s Chinese competition practice.
Global Briefing
Israel: Supreme Court split on legal advice
The Israeli Supreme Court recently published, within the space of a few days, two verdicts that seem to contradict one another on the criminal defence of relying on a legal opinion
SINGAPORE: Commission clears two notified mergers
In October, in the first clearances of their kind, the Competition Commission found that the proposed joint venture between ST Microelectronics and Intel Corporation, and the acquisition of Solectron Corporation by Flextronics International, would not raise competition concerns in Singapore
Finland: Three telecoms operators acused of abuse of dominance
The Competition Authority proposed fines on three telecoms operators for margin squeezing in relation to local loop lease charges
South Korea: KFTC agrees to Microsoft
In October, the Korean Fair Trade Commission agreed to a request by Microsoft Corporation and Microsoft Korea Corporation to withdraw its its appeal against a corrective order and administrative fines
In This Issue
GCR December 2007 / January 2008
- Volume 11
- Issue 1
- ISSN: 1369-4561
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