GCR July 2008

Japan: The turning tide

State survey: Illinois - Interview: Sheridan Scott - State enforcement - Global briefing

Journal Feature

An interview with Khalid Mirza

The Competition Commission of Pakistan was set up in October, replacing the country’s Monopoly Control Authority. Peter Scott spoke to commission chairman Khalid Mirza about his first six months in office.

The rise of state enforcement

State antitrust enforcers in the US have for years worked in tandem with federal agencies to help investigate and prosecute breaches of competition law. But it hasn’t always been that way. Ron Knox examines the modern history, criticisms and proponents of state enforcement

An interview with Sheridan Scott

Sheridan Scott is chair of the steering group of the ICN. She talks to David Vascott at the ICN 7th Annual Conference in Kyoto

An interview with Robert Pratt

In the tangled web of US antitrust enforcement, the states’ role is often overshadowed by two powerful federal agencies and a confident private plaintiffs bar. But, says Robert Pratt, chief of the Illinois attorney general’s antitrust bureau, the states continue to bring tough cases. Interview by Ron Knox

The Illinois antitrust bar

While Chicago’s antitrust lawyers pride themselves on being courtroom warriors, many of Illinois’ top law firms have expanded across the US and around the globe, increasing the area’s profile in merger control and cartel investigations. Ron Knox examines some of the state’s top practices

After Norris

Peter Scott and Adam Vause at Norton Rose LLP in London examine what impact the Ian Norris case has had upon cartel penalties in the UK

Where next for private actions?

Stephen Rose and Richard Neville of Eversheds LLP in London discuss the future of private actions in Europe, in light of DG Comp’s white paper in April

Thinking of leniency

The Canadian Competition Bureau has recently published a 'Draft Information Bulletin on Sentencing and Leniency in Cartel cases', which should make very interesting reading for those involved in this area. D Martin Low QC and Sorcha O’Carroll of McMillan LLP in Toronto take a look at the issues covered

The rise of state enforcement

State antitrust enforcers in the US have for years worked in tandem with federal agencies to help investigate and prosecute breaches of competition law. But it hasn’t always been that way. Ron Knox examines the modern history, criticisms and proponents of state enforcement

Country Survey: Japan

Japan cartel enforcement: the turning tide

With a conservative government and a business community that viewed cartels as a legitimate way to do business, for a long time Japan’s Fair Trade Commission was going against the tide. But over the past two years, all that’s changed, writes David Vascott

An interview with Kazuhiko Takeshima

Kazuhiko Takeshima is chairman of Japan’s Fair Trade Commission. David Vascott spoke to him in Tokyo, shortly after the ICN 2008 conference

Japan's competition bar

With Japan’s Fair Trade Commission upping the ante against cartelists, the country’s competition Bar is busier than ever, writes David Vascott

Community News

Sidley promotes two in Brussels

Sidley Austin LLP has promoted Ken Daly and Kristina Nordlander to partners in its Brussels office.

Sidley promotes two in Brussels

Sidley Austin LLP has promoted Ken Daly and Kristina Nordlander to partners in its Brussels office.

Competition specialists launch forum in France

France’s Association of Practising Competition Lawyers was launched last month, giving lawyers a place to exchange information and opinions on competition law.

Poland appoints new agency head

The Polish government has ended the term of Marek Niechcial, president of Poland’s Office of Competition and Consumer Protection, after only 14 months in office.

Jones Day hires former judge

Jones Day has appointed antitrust specialist and former district court judge Walter Kelley as partner in its Washington, DC office.

Gibson Dunn recruits Berkeley professor

Gibson Dunn & Crutcher LLP has appointed antitrust specialist Tom Campbell as of counsel in Palo Alto.

Kim & Chang poaches four from KFTC

Kim & Chang has hired four competition specialists from Korea’s Fair Trade Commission to join its antitrust practice in Seoul.

EU settlements procedure met with scepticism

The European Commission has announced a settlement procedure that will allow members of cartels to receive reductions in their fines in return for admitting liability and settling the case through a simplified procedure.

Fishberg & Sons expands in Kiev

Ukrainian law firm Frishberg & Sons has hired former Institute for Competition Protection official Petro Kushnirenko as of counsel in its competition practice.

Lovells promotes three in Europe

Lovells LLP has promoted three competition specialists to of counsel: Kerstin Pallinger in Düsseldorf, Ombline Ancelin in Paris and Simon Barnes in London.

Kolasky publicly backs Obama

Former Bush administration official William Kolasky has voiced his suppor t for US Democratic presidential candidate Barack Obama.

Agencywatch

DoJ chips away at ice cartel

US packaged ice manufacturer Home City Ice Company has pleaded guilty to its role in an alleged ice cartel in a settlement agreement with the US Department of Justice.

South Africa concerned over criminal amendments

The South African parliament’s trade and industry committee has been considering amendments to the country’s Competition Act.

Canada charges alleged fuel cartel

Canada’s Competition Bureau has charged 11 retail gasoline stations and 13 individuals with colluding to fix the price of fuel at the pump.

Hungary pursues milling cartel

Hungary’s Competition Authority is investigating 11 milling companies suspected of cartel activity.

OFT probes Scottish property market

The UK’s Office of Fair Trading has launched a market enquiry into the competitiveness of property management services in Scotland.

France fines cleaning companies

France’s Competition Council has fined four industrial cleaning companies a total of e2.7 million for bid rigging.

Behind the Headlines

Marine hose three sentenced to jail

A UK Crown Court judge on 11 June sentenced three former executives involved in the global marine hose cartel to up to three years in prison, marking the first criminal sanctions for competition law violations in the UK.

Hoechst wins reduction of EU cartel fine

The European Court of First Instance on 18 June ordered the European Commission to reduce an antitrust fine it levied against German chemicals company Hoechst.

Spain conducts largest-ever dawn raid

Spain’s Competition Commission has raided 13 cosmetics manufacturers on suspicion of price fixing.

DG Comp seeks damages from lift cartel

The European Commission is taking private enforcement action against the four lift manufacturers it prosecuted last year.

Global Briefing

Belgium: Competition prosecutors rule on pharmaceutical complaint

Competition prosecutors decide that companies may refuse to sell to a wholesalerexporter to protect their commercial interests, and this does not constitute an abuse of dominance

Vincent Mussche
Freshfields Bruckhaus Deringer
Brussels

Belgium: guidance tariffs by a vets' trade association come under scrutiny

Competition Council rules that the publication of mere guidance tariffs by a trade association without mandatory membership does not infringe the cartel prohibition

Vincent Mussche
Freshfields Bruckhaus Deringer
Brussels

Canada: Guidance on abuse of dominance in telecommunications

Competition Bureau publishes new bulletin looking at telecommunications industry, but may well prove to have a wider application

Sorcha O’Carroll and David Kent
McMillan LLP
Toronto

Canada: Court denies DRAM certification

British Columbia Supreme Court has denied class certification to a plaintiff seeking to recover damages in a case that shows the difficulty surrounding indirect purchasers

Jonathan Hood and David Kent
McMillan LLP
Toronto

Denmark: Competition Council blocks merger for the first time

Denmark has blocked the proposed merger of two plumbing and electricity goods wholesalers after finding that competition would suffer as a result

Jan-Erik Svensson
Gorrissen Federspiel Kierkegaard
Copenhagen

India: Competition Act updated

A committee has been convened to select the chairman and members of India’s Competition Commission, which is expected to be fully functional by the beginning of next year

Atul Chitale
AY Chitale & Associates
New Delhi

Israel: Visa barred from interchange fee proceedings

Israel’s antitrust tribunal has denied Visa Europe’s application to be added as a party to the ongoing interchange fee proceedings because of its late application

D Ziv Abramovich
Lapidot Melchior Abramovich & Co
Jerusalem

Poland: Unfair motorway tolls constitute abuse of dominance

Poland’s Competition Authority has issued a decision stating that tolls charged by a motorway operator constitute an abuse of a dominant position

Aleksander Stawicki and Bartosz Turno
Wiercinski Kwiecinski Baehr
Warsaw

Poland: Competition Authority raids flour producers

Poland’s Competition Authority suspects that the country’s leading flour producers may have violated competition rules

Aleksander Stawicki and Bartosz Turno
Wiercinski Kwiecinski Baehr
Warsaw

Portugal: Authority investigates bread and fuel prices

Competition Authority finds no evidence of a breach of competition rules in bread making and investigates successive rises in the prices of liquid fuel

Alexandra Dias Henriques and Ricardo Filipe Costa
Marques Mendes & Associados
Lisbon

South Africa: Competition Tribunal rejects settlement agreement

South Africa’s Competition Tribunal has rejected an application to confirm a settlement agreement between the Competition Commission, Netcare Hospital Group and Community Hospital Group

Daryl Dingley and Gina Silver
Webber Wetzel
Johannesburg

Sweden: Sweden opens up pharmaceutical market

Sweden’s parliament has voted in favour of the Swedish government’s plans to restructure the monopoly chain of state-run pharmacies, Apoteket, and open up the country’s market for prescription and non-prescription drugs to competition

Olle Rislund and Sara Bergdahl
Cederquist
Stockholm

Switzerland: Cartel in the market for road pavements

The Swiss Competition Commission (ComCo) issued a decision on allegedly anti-competitive conduct in the field of road construction and pavement production. Since the parties ceased their conduct in 2005, no fines were imposed

Marcel Meinhardt and Karin Frei
Lenz & Staehelin
Zurich

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