GCR March 2007

Under investigation: Private equity and antitrust

Country surveys: Ireland and Argentina - Airline immunity - Bundled pricing - Exon-Florio provision - Corporate counsel: Linde Gases

Journal Feature

Under the microscope

James Clasper examines the informal antitrust probe launched into private-equity deals in the United States and asks whether the investigation will ever migrate to Europe

Emerging limits on LePage's

David Giardina, partner at Sidley Austin LLP in Chicago, discusses developments in the law of bundled pricing

Clear skies

Roger Fones, partner, and Jonathan Linde, associate, at Morrison & Foerster LLP in Washington, DC, explain why airline alliance benefits are achievable without antitrust immunity

Does the US foster national champions? Foreign acquisitions and national security

Ilene Knable Gotts, partner at Wachtell Lipton Rosen & Katz in New York, and Leon Greenfield, partner at WilmerHale in Washington DC, explain what every lawyer needs to know about non-competition barriers to foreign acquisitions of US targets

Country Survey: Argentina

An interview with Jose Sbattella

José Sbattella is chairman of Argentina’s competition agency. David Vascot talked to him about the challenges he faces and his thoughts on the recent OECD peer review

Defenders of the faith

These are difficult times to be a competition lawyer in Argentina, writes David Vascott. But a handful of lawyers are working hard to change that

Country Survey: Ireland

Ireland: country survey. The tipping point.

After the diehard evangelism of Ireland’s former competition chief, lawyers expect great things from his successor, Bill Prasifka. JULIUS CAVENDISH reports on his first year in office

An interview with Bill Prasifka

Ten months into his tenure as chairman of Ireland’s Competition Authority, Bill Prasifka should be ready to stamp his mark. He talks to JULIUS CAVENDISH

Celtic tigers

Irish competition lawyers are seeing their market boom as rapidly as any in Ireland. JULIUS CAVENDISH reviews the country’s leading competition practices

Country Survey: Argentina

Argentina: country survey

Hard times
Government-imposed price controls, a fragile economy and an under-funded antitrust agency: Argentine competition appears to be floundering. David Vascott investigates

Corporate Counsel

Corporate Counsel

Celia Cleim

Community News

Heller Ehrman appoints London partner

Heller Ehrman LLP has hired a Magic Circle competition specialist for its planned office in London.

Derek Morris joins consultancy

Sir Derek Morris, the former  chair of the UK’s Competition Commission, is joining European economics consultancy Frontier Economics in London.

Wilson Sonsini boom continues

The remarkable growth at Wilson Sonsini Goodrich & Rosati’s antitrust practice continues, as another US Federal Trade Commission official joins the firm as partner.

Latham poaches from Howrey in Brussels

Latham & Watkins has lured two European competition partners from US rival Howrey. Howard Rosenblatt and Bruno Lebrun joined the firm’s Brussels office on 9 February.

Hammonds recruits from Freshfields

Hammonds has hired a new partner in a bid to rebuild its European competition practice.

Del Chiaro hires ex-enforcer

Brazilian competition boutique Advocacia José Del Chiaro has hired a former enforcer from the Secretariat of Economic Law.

Agencywatch

Irish enforcer leaps to its own defence

Ireland’s Competition Authority has hit back at suggestions that food prices have "soared" since the abolition of the Groceries Order last year.

Germany unwinds adhesives merger

Germany’s Federal Cartel Office has ordered three companies to dissolve a merger, saying they jumped the gun and combined without clearance.

Bread cartel caught in South Africa

South Africa’s Competition Commission wants a bread cartel punished by the Competition Tribunal.

Behind the Headlines

Beer deal flummoxes Argentine watchdog

In late 2006, Argentina’s antitrust authority finally approved beer company Quilmes’s divestment proposals – bringing one of Argentina’s longest legal wrangles to an end. Will Brown spoke to the counsel on the deal to discover what caused the delays

Imperial Tobacco buys into US

Imperial Tobacco Group is buying US cigarette maker Commonwealth Brands from discount retailer Houchens Industries.

Alcoa deal teams head for competition clash

Competition advisers for BHP Billiton and Rio Tinto will go head to head if rival bids are launched for aluminium producer Alcoa.

Microsoft in settlement shock

Microsoft has settled a class action in Iowa more than two months into trial. The lawsuit was filed on behalf of thousands of Iowans who may have overpaid for the company’s products.

Airtours II on the horizon?

UK holiday company My Travel has announced its first merger since inflicting a court defeat on European merger officials.

"We were first in" says Hoechst

The Court of First Instance says DG Comp must produce internal telephone logs proving a Japanese company truly was ‘first in’ as a leniency candidate in the sorbate cartel case.

Global Briefing

Australia: major retailer fined for anti-competitive liquor deals

A hefty penalty recently imposed by the Federal Court may make firms think twice before blocking competitor activity

Austria: cartel court hits Europay with record fine

The Austrian cartel court has imposed its highest ever fine, punishing Europay Austria Zahlungsverkehrssysteme GmbH 5 million in December 2006

Canada: sector-specific competition legslation for telecoms industry

The Canadian government has proposed amendments to the Competition Act which will establish administrative monetary penalties for abuses of dominance in deregulated portions of the telecoms sector

Denmark: CVC's takeover of MATAS cleared with commitments

On 31 January 2007, Denmark’s Competition Authority approved capital group CVC’s takeover of Matas following commitments undertaken by the parties

EU: commission launches new leniency programme

The European Commission has finalised revised guidelines on immunity from fines and reduction of fines in cartel cases

Germany: court interprets merger control exemption rule broadly

The Düsseldorf Higher Regional Court has quashed the prohibition by the German Federal Cartel Office of the acquisition by Du Pont of Pedex & Co

India: parliament to debate amendments to competition act

In January 2007, the Indian parliament’s standing committee on finance made certain recommendations with respect to the Competition (Amendment) Bill 2006

Norway: Falck Danmark ordered to divest itself of Viking

Falck Danmark AS, a group of companies that offer technical assistance to car owners and businesses, has been told to sell a competitor it bought last year

Spain: company fined for abuse of dominant position in niche electricity market

Enel Viesgo Generación SL has been fined for abusing a dominant position in the Spanish electricity market by artificially raising the price of electricity supply

United Kingdom: CAT accepts OFT right to close investigations

The Office of Fair Trading was given an early Christmas present in December 2006 when the Competition Appeal Tribunal acknowledged its right to close a competition investigation on the ground that it was not an administrative priority

United States: court declares Bar/Bri course unlawful

The District Court for the Southern District of New York has held that the provision of integrated bar examination courses by a dominant course provider constituted a potentially unlawful tying arrangement

Finland: fines proposed for wood procurement cartel

Finland’s Competition Authority has proposed fines for a cartel in the wood procurement industry – but its proposal has been challenged by a key witness

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