GCR October 2009

Turf Wars: FTC v DoJ

Country Surveys: Germany and Argentina - Corporate Counsel: Shell - Global briefing

Journal Feature

Turf Wars

Over the past decade, officials from the two US antitrust authorities have searched for ways to end inter-agency fighting over the right to investigate potentially anti-competitive deals. So far, the search has yielded few results. Now, the country’s new antitrust regime says it has a plan. Can it work? Ron Knox investigates

 

Country Survey: Germany

A new model for private damages

The European Commission says that private litigation in Europe is underdeveloped. Yet in Germany, more than 100 private competition lawsuits are filed each year. Peter Scott investigates.

Germany's Competition Bar

Germany’s Federal Cartel Office has operated for more than 50 years, and some of the country’s largest and most successful competition practices were born alongside it. These days, the private Bar boasts a mix of traditional German firms and international players, as well as thriving boutiques and prominent individuals. Peter Scott visited them.

Country Survey: Argentina

Argentina: the worst of times

The global financial crisis has compounded Argentina’s economic woes and competition has moved yet further down the list of priorities for Argentina’s government. Rosalind Donald investigates

Country Survey: Germany

An interview with Bernhard Heitzer

Bernhard Heitzer became head of Germany’s Federal Cartel Office in 2007. Peter Scott spoke to him about leading one of the oldest competition authorities in Europe.

Country Survey: Argentina

Argentina's Competition Bar

Argentina’s competition bar is in stasis as activity at the National Commission for the Defence of Competition slows to an all-time low. Even so, many firms manage to maintain an antitrust capability, as Rosalind Donald discovers.

Corporate Counsel

Corporate counsel interview

Anne Riley, associate general counsel for antitrust at Shell

Book Reviews

Book review: Competition Law in China and Hong Kong

James Flynn QC, of Brick Court Chambers in London, reviews this guide to Competition law in China and Hong Kong, and interviews its author, Graeme Johnston of Herbert Smith

Book review: Competition Law and Policy in Latin America

Paulo Montt, partner at Ferrada Nehme, in Santiago, Chile, reviews this guide to Latin American competition law. Edited by Eleanor Fox and Daniel Sokol

Global Briefing

TAIWAN: TFTC IMPOSED SANCTIONS ON TWO CABLE TELEVISION COMPANIES FOR VIOLATION OF PRE-MERGER FILING

Stephen C Wu and Yvonne Y Hsieh
Lee and Li, Attorneys-at-Law
Taipei

SWEDEN: NEW SWEDISH LAW TO PREVENT GOVERNMENT BODIES FROM ENGAGING IN UNFAIR COMPETITION

Swedish government bodies can in the future be prevented from engaging in business activities that distort competition.

SPAIN: ANTITRUST WATCHDOG FINES AN ARTISTS' COLLECTING SOCIETY FOR ABUSING ITS DOMINANT POSITION

The Spanish competition authority levied a disciplinary fine of e770,000 on the artists’ collecting society Artistas Intérpretes o Ejecutantes for charging television broadcaster Telecinco unfair and discriminatory prices to buy the rights to use its artists’ music videos.

SOUTH AFRICA: GRAIN-TRADING FIRM LAUNCHES COMPLAINT WITH COMPETITION COMMISSION

CTH Trading is not happy that Senwes, a silo operator, has a near monopoly in a part of South Africa where grain is produced.

SERBIA ADOPTS NEW COMPETITION ACT AND STEPS UP COMPETITION LAW ENFORCEMENT

On 8 July, the Serbian parliament adopted a new statutory competition act.

ISRAEL: MILK JOINT VENTURE TERMINATED

Antitrust Commissioner and three major dairies achieved a consent decree to end a long-term joint venture in a durable milk producer.

FINLAND: COMPETITION AUTHORITY MODIFIES CONDITIONS IMPOSED IN TWO RELATED MERGER-CLEARANCE DECISIONS

Conditions imposed on the clearance of two acquisitions by Valio in 2000 and 2004 were modified due to changes in the functioning of the relevant markets.

CROATIA: PARLIAMENT ADOPTS NEW COMPETITION ACT  A NEW AREA OF COMPETITION LAW ENFORCEMENT TO EXPECT

On 24 June 2009, the Croatian Parliament adopted a new Competition Act which introduces significant changes to Croatian competition law.

CHINA: NEW ANTITRUST RULES

It has been one year since the PRC Anti-Monopoly Law (AML) took effect on 1 August 2008.

CANADA: TRIBUNAL DECISION AFFIRMS MARKET POWER REQUIRED IN ORDER TO SUCCEED IN REFUSAL TO DEAL CASES

Nadeau Poultry Farm’s application to the Competition Tribunal for an order requiring its suppliers to continue providing it with live chickens was dismissed in August. The respondents stopped supplying Nadeau with chickens after they decided to vertically integrate into the downstream market for processing chickens.

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