GCR August / September 2007
Antitrust and intellectual property
Country survey: Lithuania - Plea-bargaining - Antitrust exemptions - AAI - DC roundtable - Corporate counsel interview: Qantas
Journal Feature
A Decade At The Top
To mark Global Competition Review's 10th birthday, James Clasper invited some of Washington’s top antitrust lawyers to reflect on a decade of practising law in the United States.
The Competition Counterweight
The American Antitrust Institute is an independent advocacy group trying to "increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy". James Clasper met the AAI’s president, Bert Foer, and discussed its role as a counterbalance to conservative antitrust philosophy.
The IP And Antitrust Intersection
As the world moves from an industrial to an information-based economy, intellectual property is fast becoming key to global economic growth. Yet the intersection of antitrust and IP is fraught with difficulty. GCR invited a stellar cast of lawyers to discuss the complexities
The Policy Planner
Maureen Ohlhausen is director of policy planning at the US Federal Trade Commission. She tackles problems that ordinary law enforcement cannot fix. A recent campaign aimed at invigorating competition in real-estate selling was so successful that the industry named her one of its 100 most influential figures. Julius Cavendish spoke to her recently.
Get Rid Of The Antitrust Exemptions And Immunities - All Of Them
Donald Kempf argues that it is time to abolish all of America’s antitrust exemptions and immunities – starting with those whose adverse competitive impact is greatest.
Exchanging glances
As Europe debates the introduction of a direct settlements system for cartel participants, Kent Gardiner, Bridget Calhoun, Matthew Scarlato and Volker Soyez of Crowell & Moring LLP take a comparative look at the US plea-bargaining process.
Country Survey: Lithuania
Too Few, Too Flimsy
Lithuania built its competition regime on the shifting sands of inexperience and underfunding. It’s time to shore up these foundations, says Julius Cavendish.
An Interview With Rimantas Stanikunas
Inaugural chairman of Lithuania's Competition Council, Rimantas Stanikunas has watched over Lithuanian competition law since its birth. Julius Cavendish met him recently.
Learning The Hard Way
Lithuania’s competition pioneers had to teach themselves everything they know. But now a more institutional approach is developing, reports Julius Cavendish.
Corporate Counsel
Corporate Counsel
Jill Henderson
Community News
'Revolving door' Turns In Washington
Two US law firms have recruited antitrust lawyers from the Department of Justice. Howrey LLP has appointed trial attorney Scott Hataway; Winston & Strawn LLP has gained senior antitrust Joyce Bartoo.
Economics Consultant Jumps Ship
Economics consultancy ESMT Competition Analysis has appointed a vice president from CRA International.
GM Counsel Moves To Private Practice
General Motors’ antitrust counsel William Slowey is returning to private practice after 35 years at the auto manufacturer. He joins Butzel Long’s Detroit office as of counsel.
Pepper Hamilton Expands
Pepper Hamilton LLP has hired an antitrust litigator from Dechert LLP. Robin Sumner, 36, joins the firm’s Philadelphia office as partner. She is joined by health care litigator Jan Levine, 49, also from Dechert.
Lovells Poaches SJ Berwin Partner In Italy
Gianluca Belotti will join Lovells’ Rome office at the beginning of September.
White & Case Recruits In Paris
White & Case has hired competition specialist Jean-Paul Tran Thiet from CMS Bureau Francis Lefebvre in Paris.
CMS Announces Italian Head
The CMS network has appointed Paolo Scarduelli of CMS Adonnino Ascoli & Cavasola in Milan, as the new head of its Italian competition practice.
Atlanta Specialist Crosses Town
Kilpatrick Stockton competition specialist M Russell Wofford Jr is moving to King & Spalding LLP. He joins the business litigation practice as partner.
Sonnenschein Builds DC Team
Sonnenschein Nath & Rosenthal LLP has added a third competition partner to its DC office.
McDermott Appoints Italian Leader
McDermott Will & Emery LLP has appointed a new competition partner in Rome.
Perkins Coie Gets Bay Area Boost
Perkins Coie has expanded its West Coast antitrust group with the addition of three partners from Bingham McCutchen LLP. Geraldine Alexis, David Chiappetta and Jason Yurasek joined Perkins Coie’s commercial litigation practice in San Francisco on 18 July.
Shook Hardy Builds DC Team
Shook Hardy & Bacon LLP has added antitrust specialist David Fischer to its office in
Washington, DC.
Washington, DC.
Ireland : First Significant Divestment Commitments Under The Merger Review Regime
The Irish Competition Authority has cleared a merger in phase I after the buyer offered to divest an overlapping business.
Agencywatch
DG Comp To Shuffle Pack
The European Commission has announced a high-profile change to its competition directorate – and further reshuffling is expected.
UK Water Faces Upheaval
UK water regulator Ofwat is consulting on radical measures to boost competition in the water sector in England and Wales.
Dutch Raise Merger Penalties Tenfold
The Netherlands’ Competition Authority is to raise the maximum fines for certain competition violations.
Norway Targets Market Sharing
Norway’s Competition Authority has stepped up efforts against market sharing.
ACCC Targets Google
The Australian Competition and Consumer Commission is taking Google to court for allegedly deceiving users over sponsored links. The agency says the case represents a global ‘first’.
Behind the Headlines
Commission Ordered To Pay Partial Damages
In a landmark decision by the European Court of First Instance, Schneider Electric has won compensation from DG Comp over a wrongly prohibited merger with Legrand.
Aussie Deal To Create Retail Superpower
Australian conglomerate Wesfarmers has bid A$22 billion (US$18.9 billion) for the country’s second-largest retail group, the Coles Group. If the deal proceeds, it would be the largest takeover in Australian history.
Rio Tinto Bids For Alcan
Anglo-Australian mining company Rio Tinto has offered US$38.1 billion to buy all of Canadian aluminium producer Alcan.
Canadian Telecoms Buyout Makes History
A consortium has offered US$48.5 billion for Canada’s biggest telecoms company, Bell Canada Enterprises. It is the largest private equity deal in Canadian history.
Supreme Court Reverses Dr Miles
The US Supreme Court has overturned a 96-year-old antitrust precedent, ruling that challenges to vertical price restraints should now be based on a 'rule of reason' analysis.
South Africa Blocks Telecoms Deal
South Africa’s Competition Tribunal has rejected the proposed acquisition of IT outsourcing company Business Connexion by incumbent telecoms operator Telkom.
Swedish Court Reduces Asphalt Penalty
The Swedish Competition Authority’s largest-ever fine survived a crucial test when Stockholm’s County Court confirmed the bulk a US$193 million fine imposed on five asphalt companies and the National Road Association for cartel activity.
Global Briefing
France: Economy Minister Clears Railway Deal
The French Minister of Economy has conditionally cleared the acquisition of Spie Rail by Colas, a subsidiary of the Bouygues group.
Italy: Leading Italian Banks Investigated For Alleged Bid Rigging
The Italian Antitrust Authority launched an investigation of alleged bid rigging in May, after it raided the premises of four primary Italian banks
Poland: Large Supermarket Merger To Conclude Soon
The competition authority has given conditional clearance to the Polish branch of the Carrefour group to acquire Ahold Polska, a major player in the superstores sector.
Portugal: Authority Clears Airline Merger With Conditions
Following an in-depth investigation, the Portuguese competition authority has conditionally cleared a merger between airlines TAP and PGA.
India: Ministry Looks Into Consolidation In Aviation Industry
Consolidation in the Indian aviation industry has started to attract the attention of the Ministry of Corporate Affairs.
Spain: Court Of Appeal Absolves Gas Natural From Abuse Of Dominance Charges
On 30 May, the Spanish Court of Appeal made public its decision to quash a verdict by the Spanish Competition Court to fine the Spanish incumbent gas provider, Gas Natural, €8 million for abuse of its dominant position
Sweden: Judgment Rendered In Sweden's Largest Cartel Case
The Stockholm District Court has handed down a 600-page ruling in the ‘asphalt cartel case’ – the largest cartel case tried in Sweden.
United States: Supreme Court Rules On Vertical Resale Price Restraints
The United States Supreme Court has held that minimum resale price maintenance should be evaluated pursuant to the 'rule of reason' analysis rather than the per se rule that had been applied previously.
United Kingdom: Regulator Analyses Agreement In Broadcast Access Services Market
On 30 May the UK’s communications regulator, Ofcom, adopted a decision finding that an exclusive contract for the provision of broadcast access services did not violate UK or EC competition law.
Israel: Envelope Cartel Members Convicted By Court
The District Court in Jerusalem has convicted four companies and six of their superior officers for taking active part in an envelope cartel between 1995 and 2002.
Singapore: Competition Act Not Intended For Reviewing Firms' Pricing Decisions
The Competition Commission of Singapore has clarified that it is not its general intention to review or regulate firms’ pricing decisions.
In This Issue
GCR August / September 2007
- Volume 10
- Issue 8
- ISSN: 1369-4561
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