GCR November 2007

American Enforcers: Barnett and Majoras on Microsoft and Whole Foods

Italy country survey - China merger control - Slot trading in Europe - Corporate counsel: Cisco Systems - New York survey

Journal Feature

Antitrust Stories

Hot oil and antitrust in the two New Deals: The story of United States v Socony-Vacuum

An interview with Deborah Majoras

Deborah Majoras is chairman of the US Federal Trade Commission. David Vascot met her in New York during the Fordham antitrust conference

An interview with Thomas Barnett

Thomas Barnett is the assistant attorney general of the US Department of Justice's antitrust division. David Vascot talks to him about Microsoft and other issues

Slot trading in the EU

John Pheasant, partner at Hogan & Hartson in Brussels and London, and Matthew Giles, associate at Hogan & Hartson in London, ask what role competition law has in promoting the most efficient allocation of airline slots at international airports

Chinese merger control

Moritz Lorenz analyses the current practice of Chinese merger control and provides an overview of the changes to be introduced by new legislation. Lorenz is an associate at Freshfields Bruckhaus Deringer in Berlin and spent six months on secondment to the firm’s Beijing office

The Microsoft judgment

David Hull and Georg Berrisch, partners at Covington & Burling LLP in Brussels, discuss the implications of the CFI’s landmark ruling earlier this year

Country Survey: Italy

An interview with Antonio Catricala

Italy’s Competition Authority has gained a raft of new powers and responsibilities during the past two years. David Vascot asks its chairman, Antonio Catricalà, what progress has been made

Italy

Thanks to the steady development of Italian antitrust enforcement, the rivalry is fierce among Italy’s leading competition practices. David Vascot takes a closer look at the marketplace

Country survey: Italy

Italy’s Competition Authority can now use interim measures and commitments to resolve cases. David Vascot explains why lawyers are concerned about the watchdog’s new powers

Country Survey: USA

Bright lights, big city

New York City is home to many of the world's top law firms. David Vascott takes a closer look at its leading antitrust practices

Corporate Counsel

Corporate Counsel

Mallun Yen 

Community News

Competition committees ring the changes

Leadership positions at two influential competition advisory boards have changed hands.

Freshfields boosts DC practice

Freshfields Bruckhaus Deringer has promoted Thomas Ensign and Bruce McCulloch to counsel in its Washington, DC office.

Brazilian authority announces public procurement head

Brazil’s competition watchdog SDE has appointed Paulo Leonardo Casagrande as head of its public procurement unit

German tax boutique adds competition specialist

German tax and corporate law boutique Flick Gocke Schaumburg is launching a competition practice, hiring specialist Jens-Olrik Murach.

OFT names new mergers director

The UK Office of Fair Trading has appointed a competition specialist from Freshfields Bruckhaus Deringer as its new director of mergers.

Klawiter chooses Mayer Brown

Leading US antitrust specialist Donald Klawiter has joined Mayer Brown LLP in Washington, DC.

Arnold & Porter gains counsel

Competition specialist Axel Gutermuth has joined Arnold & Porter LLP in Brussels.

McCann FitzGerald names new competition heads

Damian Collins and Philip Andrews have taken over the leadership of Irish firm McCann FitzGerald’s competition practice.

Bergman takes up professorship

Mats Bergman, the chief economist at Sweden’s Competition Authority, is returning to academia as a professor of economics at Uppsala University

Agencywatch

South Africa announces new leniency policy

South Africa's Competition Commission has published proposed amendments to its corporate leniency policy.

UK watchdog proposes airport charges

The UK's Competition Commission has criticised the level of service at Heathrow and Gatwick airports and has called on the Civil Aviation Authority to cap the level of passenger charges they impose.

UK competition watchdog rules against BSkyB

BSkyB could be forced to sell its 17.9 per cent stake in ITV, after a provisional investigation by the UK's Competition Commission found that the acquisition could be anti-competitive.

Germany wades into energy unbundling debate

Germany's Federal Cartel Office says the European Commission should wait for the results of operational unbundling before breaking up the ownership of energy production and distribution networks.

Spain launches telecoms probe

Spain's Competition Authority has opened an investigation of the country's three largest mobile phone operators, Movistar, Orange and Vodafone, which it believes may have coordinated prices

Canada rejigs leniency

Canada's Competition Bureau has issued a new set of guidelines on leniency applications.

FTC opposes medical supplies deal

The US Federal Trade Commission has challenged Kyphon's acquisition of Disc-O-Tech Medical Technologies' and Discotech Orthopedic Technologies' spinal units.

Slovak authority criticises GCR

Dear Sir...

Behind the Headlines

Dairy cartel discovered in UK

The UK's leading supermarkets and dairy processors have been accused of fixing the price of milk, butter and cheese. The alleged cartel cost consumers an estimated £270 million.

Europe approves Sony/BMG  again

The European Commission has approved Sony Music's merger with BMG, after a reassessment of the deal.

Rival brewers unite to challenge American titan

Rival brewers SABMiller and Molson Coors have agreed to form a joint venture in the United States, in an effort to challenge the country's top brewer, Anheuser-Busch.

Thomson faces phase II investigation

The European Commission has opened an in-depth investigation of Thomson's takeover of Reuters.

Japanese cartelists face jail

Five Japanese executives have been given prison sentences for their part in a building cartel.

Global Briefing

Australia: Infrastructure valuations back on track

High Court holds competition commission’s "idiosyncratic" infrastructure valuation to be incorrect and unreasonable

Denmark: Court fines association, chairman and manager for horizontal price agreement

On 4 October 2007, the district court in Horsens fined Danske Kroer & Hoteller, its chairman and manager for violating the Danish equivalent of article 81

France: Minister punishes company for breaching post-merger commitments

France's minister of economy has for the first time punished a company for breaching conditions imposed following a merger approval

Italy: authority launches proceedings against railway company

Following complaints made by three railway freight companies in July and August 2007, Italy's Antitrust Authority has opened proceedings for abusive conduct under article 82 of the EC Treaty against Ferrovie dello Stato and its subsidiary, Rete Ferroviaria Italiana

Poland: Authority punishes entrepreneurs for bid rigging

Poland's competition authority has ramped up its struggle against entities that break the antitrust laws, fining three entrepreneurs who colluded when bidding on a public tender

Sweden: Market court hands down interim judgment in ice cream saga

On 11 September, Sweden's Market Court issued an interim judgment in Mars's longrunning battle against Unilever

United Kingdom: Court rules against exemplary damages for cartel victims

On 19 October, the High Court ruled in Devenish and others v Sanofi-Aventis and others. The implications of this ruling are that...

United States: Ninth Circuit rules on bundled discounts

The Ninth Circuit Court of Appeals has ruled that a bundled discount programme will only amount to anti-competitive conduct if it results in below-cost pricing on the competitive product or products in the bundle

Israel: Comissioner considers ruling on private hospital organisation

Israel's antitrust commissioner is considering using her legal authority to determine that a policy set by an organisation of private hospitals was a prohibited restrictive arrangement

Singapore: Changes proposed to market conduct code regulating media firms

The Media Development Authority of Singapore is conducting a second public consultation on proposed changes to the Media Market Conduct Code to promote fair market conduct and effective competition in Singapore's media industry

Finland: authorities issue report on Nordic electricity market

The Nordic competition authorities have called for more investment in transmission capacity and have stressed the importance of price awareness among end customers

South Africa: Tribunal imposes largest fine to date on Mittal steel for abuse of dominance

On 6 September, South Africa’s Competition Tribunal imposed a record 691.8 million rand (US$100 million) administrative penalty on Mittal Steel South Africa for charging an excessive price, to the detriment of consumers

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