GCR July 2009
Journal Feature
Down the rabbit hole with Rambus
Independent practitioner Richard Wolfram, co-author of an amicus brief supporting the US Federal Trade Commission's unsuccessful petition for review by the Supreme Court in FTC v Rambus, revisits the upside-down "but for" world of the Court of Appeals' decision, which reversed the FTC decision
Antitrust damages - millionaires and torpedoes
Mark Clough QC, partner at Addleshaw Goddard in London, takes a look at the future of damages action in Europe
Section 2 round table
How should antitrust agencies enforce laws on monopolies and unilateral conduct without stifling the competition and innovation they are supposed to foster? GCR invited six leading specialists to Washington, DC to discuss the future of Section 2 enforcement in the US, and how agencies across the world should approach some of the thorniest issues in competition enforcement today
Network expansion
Over the past eight years, the International Competition Network has grown from modest origins to become the world's most comprehensive organisation of competition agencies. Ron Knox asks where the ICN should go from here
From Munich to Zurich
The foundation for the International Competition Network was established long before its birth in 2001. Ron Knox explores the modern history of international competition enforcement, from the Munich Group to the ICN today.
Country Survey: Denmark
Finding the rot: Denmark's leniency challenge
Denmark's Competition Authority has had just two leniency applications since it opened its doors to whistleblowers in 2007. Rosalind Donald examines the deadlock that is hampering the Danish enforcer's fight against cartels.
Denmark's competition bar
Imminent reform means Denmark's competition bar is gearing up for an influx of new work. Rosalind Donald reports
An interview with Agnete Gersing
Rosalind Donald spoke with Agnete Gersing, head of Denmark's Competition Authority, to discuss the challenges she faces.
Global Briefing
DENMARK: DANISH COMPETITION APPEALS TRIBUNAL FINDS ABUSE OF DOMINANT POSITION BY DANISH POSTAL INCUMBENT
Post Danmark’s rebate system was an abuse of a dominant position
Jan-Erik Svensson
Gorrissen Federspiel
Copenhagen
UNITED STATES: MINK CASE GIVES GUIDANCE
In Wanachek Mink Ranch v Alaska Brokerage International Inc, the federal district court for the Western District of Washington held that the plaintiff class of mink ranchers had adequately stated a claim for conspiracy to rig bids in violation of section 1 of the Sherman Act.
Ronan Harty and Crystal McKellar
Davis Polk & Wardwell
New York
Ronan Harty and Crystal McKellar
Davis Polk & Wardwell
New York
TAIWAN: FTC BLOCKS KARAOKE BAR MERGER FOR THE THIRD TIME
Commission felt the merger of two large karaoke companies would breach the Fair Trade Act by stifling competition.
Stephen C Wu and Yvonne Y Hsieh
Lee and Li, Attorneys-at-Law
Taipei
Stephen C Wu and Yvonne Y Hsieh
Lee and Li, Attorneys-at-Law
Taipei
TAIWAN: FTC BLOCKS COMBINATION OF STAINLESS STEEL ENTERPRISES
On 6 May, the Fair Trade Commission determined that the adverse consequences of restraining competition arising from the proposed acquisition of more than 34 per cent of the issued shares of Tang-Eng Iron Works by Yieh United Steel would outweigh the overall economic benefit from the transaction.
Stephen C Wu and Yvonne Y Hsieh
Lee and Li, Attorneys-at-Law
Taipei
Stephen C Wu and Yvonne Y Hsieh
Lee and Li, Attorneys-at-Law
Taipei
SWEDEN: MARKET COURT IMPOSES RECORD FINES
The court has upheld a decision by Sweden's Competition Authority to impose record fines on the members of an asphalt cartel.
Olle Rislund and Sara Bergdahl
Cederquist
Stockholm
Olle Rislund and Sara Bergdahl
Cederquist
Stockholm
SPAIN: SPANISH AUTHORITY FINES ABERTIS TELECOM GROUP FOR ABUSE OF A DOMINANT POSITION
Spain's Competition Commission has imposed a Ä22.6 million fine on Abertis Telecom for abusing its dominant position in the terrestrial transmitter market.
Evelyne Ameye and Teresa Lorca Morales
Gómez-Acebo & Pombo Abogados
Madrid
Evelyne Ameye and Teresa Lorca Morales
Gómez-Acebo & Pombo Abogados
Madrid
SOUTH AFRICA: COMMISSION PUBLISHES SMALL MERGER GUIDELINES
On 17 April, the Competition Commission published guidelines on small merger notifications, which set out the commission's new approach to the notification of small mergers.
Nkonzo Hlatshwayo
Webber Wentzel
Johannesburg
ISRAEL: ANTITRUST TRIBUNAL DISMISSES APPEAL BY HOME CENTER OVER ACE'S DIY STORE PURCHASE
Israel's Antitrust Tribunal has dismissed an appeal submitted by Home Center against the commissioner's decision to approve the purchase of a large DIY store by Ace, its sole competitor.
D Ziv Abramovich
Lapidot Melchior Abramovich & Co
Jerusalem
D Ziv Abramovich
Lapidot Melchior Abramovich & Co
Jerusalem
HUNGARY: AMENDMENTS TO THE COMPETITION ACT COMING INTO FORCE IN JUNE
The amendments concern the implementation of the Competition Authority's leniency policy and new rules on the assessment of cartels and mergers.
János Tóth and Günter Bauer
Wolf Theiss
Budapest
János Tóth and Günter Bauer
Wolf Theiss
Budapest
GERMANY: FEDERAL COURT OF JUSTICE CONFIRMS EXISTENCE OF SEPARATE MARKET FOR SUPPLY OF NATURAL GAS TO END CUSTOMERS
Germany's highest court reiterates its previous finding that there is no uniform product market for the supply of heat energy encompassing all energy sources.
Frank Röhling and Bertrand Guérin
Freshfields Bruckhaus Deringer LLP
Berlin
Frank Röhling and Bertrand Guérin
Freshfields Bruckhaus Deringer LLP
Berlin
CHINA: NEW PRE-MERGER REVIEW CASE AND ANTITRUST RULES
On 24 April Mofcom announced its decision to impose restrictive conditions on Mitsubishi Rayon's acquisition of Lucite International, and on 5 June the State Administration for Industry and Commerce (SAIC) promulgated two rules which will become effective on 1 July.
Janet Jie Tang
Akin Gump Strauss Hauer & Feld LLP
Beijing
AUSTRALIA: FEDERAL COURT RULES VISY CARTEL DOCUMENTS INADMISSIBLE
On 29 April the Federal Court of Australia ruled that certain documents from Visy cartel proceedings inadmissible in criminal proceedings, alleging the late Richard Pratt provided false information about the existence of a cartel.
Charles Coorey and Janis Dunnicliff
Allens Arthur Robinson
Sydney and Melbourne
Charles Coorey and Janis Dunnicliff
Allens Arthur Robinson
Sydney and Melbourne
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