GCR October 2007
Red flags: Five reasons to worry about China's new law
Country surveys: Portugal, Estonia and Latvia - DC roundtable: part II - Corporate counsel interview: Verizon
Journal Feature
Red Flags
They say the best things come to those who wait, but China’s antitrust law may well be an exception. James Clasper looks at five reasons to worry about Beijing’s landmark new law.
Courting Controversy
Earlier this year, some of Washington, DC’s leading antitrust lawyers participated in a special GCR roundtable. Last month, they reflected on a decade of practising law in the United States. Here they discuss the two US antitrust authorities, plus several significant Supreme Court decisions.
Country Survey: Portugal
Country Survey: Portugal
This summer saw Portugal’s antitrust authority issue its long-awaited verdict on a hostile bid for PT, the country’s former telecoms monopolist. The watchdog also fined the company €38 million for abusing its dominant market position. David Vascot looks at the two cases.
An Interview With Abel Mateus
Abel Mateus has been president of Portugal’s Competition Authority since its inception four years ago. David Vascot caught up with him in Lisbon and asked him about the authority’s work so far.
Country Survey: Belgium
Portugal's Competition Bar
Portugal’s competition watchdog has teeth now – and it isn’t afraid to show them. David Vascot looks at the competition law groups that are reaping the rewards.
Country Survey: Estonia
Country Survey: Estonia
Whether through ignorance or indifference, companies pay little attention to Estonia’s competition rules. Changing this will be hard, says Julius Cavendish
Estonia's Competition Bar
The limited demand for competition advice in Estonia hasn’t hindered the development of an informal competition bar. Julius Cavendish explains
An Interview With Aini Proos
Estonia’s Competition Board lacks staff, needs better legal tools and, since May, has been haunted by the spectre of cybersabotage. Deputy director general Aini Proos tells Julius Cavendish how it is coping with the circumstances
Country Survey: Latvia
Country Survey: Latvia
The arrival of a new leader at Latvia’s Competition Council has been warmly welcomed by stakeholders.But more change is needed, reports Julius Cavendish
An Interview With Ieva Jaunzeme
Adopting a more outward-looking approach than her predecessor, Ieva Jaunzeme has improved the reputation of Latvia’s Competition Council. Julius Cavendish asks her about her first 18 months as its chair
Latvia's Competition Bar
Latvian firms have only recently had cause to start offering competition services on a widespread basis. But, as Julius Cavendish reports, demand is growing fast
Corporate Counsel
Gail Levine
Company: Verizon Communications Inc
Title: Assistant general counsel
Age: 39
Previous employment: Attorney adviser to US Federal Trade Commission chairman Deborah Platt Majoras from 2005 to 2006; the commission’s deputy assistant general counsel for policy studies and assistant director of the Office of Policy Planning from 1999 to 2005
Title: Assistant general counsel
Age: 39
Previous employment: Attorney adviser to US Federal Trade Commission chairman Deborah Platt Majoras from 2005 to 2006; the commission’s deputy assistant general counsel for policy studies and assistant director of the Office of Policy Planning from 1999 to 2005
Community News
White & Case Expands In Paris
Jean-Paul Tran Thiet has joined White & Case’s competition practice in Paris.
Mauro Grinberg Joins Boutique
Brazilian competition specialist Mauro Grinberg has left Araùjo e Policastro for litigation boutique Barcellos Tucunduva.
Akin Gump Raids DLA In Beijing
Akin Gump Strauss Hauer & Feld LLP has boosted its Chinese practice, hiring antitrust specialist Janet Jie Tang and four of her colleagues from DLA Piper.
Hunton & Williams Expands
Hunton & Williams LLP has hired a competition specialist from the European Commission.
Clifford Chance Poaches From Jones Day In London
Greg Olsen, the head of Jones Day’s competition practice in London, has rejoined his former firm, Clifford Chance.
COMPASS Swoops Twice In The US
For the third time since November 2006, COMPASS has hired a former chief economist from the US Department of Justice’s antitrust division. Michael Katz joined the firm on 13 August.
Three Firms Grow In New Zealand
New Zealand firm Chapman Tripp has added two senior solicitors to its competition practice in Wellington and Auckland.
Batts Joins Proskauer Rose
Antitrust lawyer Alicia Batts has joined Proskauer Rose as a partner in Washington, DC. She joins from Dickstein Shapiro. "I was attracted to Proskauer’s excellent reputation and their phenomenal international footprint," Batts says. "I will be focusing on transactional cases and am hoping to build on the existing reputation of the antitrust practice."
LECG Hires In US And UK
Michael Salinger, the US Federal Trade Commission’s former chief economist, has moved to economics consultancy LECG.
Dewey And LeBoeuf Link Up
Dewey Ballantine LLP is merging with LeBoeuf Lamb Greene & MacRae LLP to create a new firm, Dewey & LeBoeuf LLP.
NERA Promotes In The US
NERA Economic Consulting has promoted two antitrust specialists to vice-president in New York - Graeme Hunter and Steven Olley. Hunter focuses on mergers and alleged anti-competitive behaviour.
Brazilian Specialist Moves Into Government
Competition partner Paulo Mattos is leaving Brazilian antitrust boutique Magalhães Ferraz e Nery to join BNDES - the Brazilian National Bank for Economic and Social Development.
Agencywatch
Norwegian Watchdog Hires New Economist
Norway’s Competition Authority has appointed a new chief economist.
Spain Gets New Merger Head
Francisco Javier Garzón Morales joins as deputy director for mergers.
Italian Regulator Criticises GCR
Dear Sir...
KFTC Charges Intel
South Korea’s Fair Trade Commission has accused Intel of abusing its dominant market position. The commission sent formal allegations to the company on 11th September, after completing a two-year investigation.
Chemical Tie-Up Goes To Phase II
The European Commission is investigating Ineos Enterprises’ acquisition of Kerling, amid concerns that the deal could reduce competition in the market for PVC.
Australia probes Google/DoubleClick
The Australian Competition and Consumer Commission has launched an informal review of Google’s proposed acquisition of online advertising company DoubleClick.
Mittal Steel Hit With Record Fine
South Africa’s Competition Tribunal has handed down its largest fine to Mittal Steel for excessive pricing.
CADE Ends 10-Year Row Over Shopping Centre
The Brazilian antitrust authority CADE has fined the Iguatemi shopping centre in São Paulo for breaching antitrust laws after a decade-long dispute.
Behind the Headlines
Ryanair Appeals DG Comp Ruling
Budget airline Ryanair is appealing against the European Commission’s decision to block its proposed acquisition of Ireland’s national carrier, Aer Lingus.
GdF And Suez Finally Seal Deal
Eighteen months after France incensed the competition community with the shotgun marriage of Gaz de France and Suez, the two companies have agreed the terms by which they will become Europe’s largest buyer and seller of gas.
CFI Partially Overturns European State Aid Ruling
The European Court of First Instance has annulled in part the European Commission’s 2002 decision on state subsidies paid to Olympic Airways.
EU Court Denies Privilege To Inhouse Lawyers
The European Court of First Instance has dealt a crushing blow to corporate counsel who had been lobbying for greater legal privilege.
Shattered Windows
The CFI’s rejection of Microsoft’s antitrust appeal sent shockwaves around the world and reignited the debate about the correct approach to dominant firm conduct. Dan Walker Smith and David Vascott took a snapshot of the reaction on both sides of the Atlantic.
Global Briefing
Singapore Firm Scoops Agency Director
Drew & Napier LLC has appointed a former director of economics from Singapore’s Competition Commission.
United States: Court Answers Question Raised By Empagran Case
A federal court has held that a plaintiff may not use domestic injuries as a ‘jurisdictional hook’ to allow recovery for foreign injuries suffered as a result of the same anticompetitive conduct, where the foreign injuries are not proximately caused by the domestic effects of the conduct
Australia: Government Seeks To Tighten Prohibition On Misuse Of Market Power
The Australian government has moved to further toughen legislation that will amend
the existing prohibition against the misuse of market power by corporations.
the existing prohibition against the misuse of market power by corporations.
Belgium: Association Found Guilty Of Price-Fixing, But Not Fined
The Competition Council has ruled that the Association of Veterinarians infringed
competition law by imposing minimum fees, but it declined to impose a fine for the
infringement.
competition law by imposing minimum fees, but it declined to impose a fine for the
infringement.
Denmark: Competition Council Signs Commitment Agreement After Reviewing Trading Conditions
Following a complaint, the Danish Competition Authority reviewed SuperGros AS’s trading conditions and identified a number of concerns.
Finland: Authority Publishes Decision On Prohibited Pricing
The Finnish Competition Authority has issued a decision on the prohibited pricing practices of a hairdressers association.
Germany: Competition Authority Tolerates Pay-TV Cooperation Agreement
Germany’s Federal Cartel Office has decided to tolerate a cooperation agreement between the only two existing pay-TV companies in Germany, Premiere and Arena, regarding broadcasting rights for Bundesliga football matches.
India: Parliament Passes Competition Bill
Both houses of the Indian parliament have passed the Competition (Amendment) Bill 2007. Its key provision is the formal creation of the Competition Appellate Tribunal.
Israel: Supreme Court Upholds Conviction Of Frozen-Vegetable Cartel Members
Israel’s Supreme Court has denied an appeal by convicted members of a frozen vegetables cartel. It held that, because frozen vegetables are not agriculture products, they do not enjoy a statutory exemption for restrictive arrangements in the agricultural sector.
Italy: Authority Investigates Apparent Abuse In The Postal Services Sector
The Italian Antitrust Authority has opened an investigation of the Italian postal service sector under article 82 of the EC Treaty to eliminate strategic behaviour that may impair or delay liberalisation of the sector.
Portugal: Authority Reacts To Portugal Telecom News Reports
The Portuguese Competition Authority has responded to recent news reports on two cases involving the Portugal Telecom Group.
Singapore: Comission Tipped To Make First Ruling On Anti-Competitive Conduct
In a recent interview with Singapore’s daily newspaper the Straits Times, the chief executive of the Competition Commission, Ong Beng Leng, said that the commission expects to deliver its first ruling on anti-competitive conduct within the "next couple of months".
South Africa: Court Considers Its Jurisdiction To Review Decisions Of The Competition Commission
South Africa’s Competition Appeal Court recently considered whether it had the
appropriate jurisdiction to review decisions of the Competition Commission directly.
appropriate jurisdiction to review decisions of the Competition Commission directly.
South Korea: Monopoly Regulation And Fair Trade Act Amended
Amendments to the Monopoly Regulation and Fair Trade Act were announced on 3 August and will take effect on 4 November, following ratification in October.
Sweden: Competition Authority To Supervise Public Procurement
On 1 September, the Swedish National Board for Public Procurement became part of the Swedish Competition Authority
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