Antitrust projects
The Antitrust Committee has formed a number of working groups to study major international competition policy issues. Please click on the following links for more information about specific working group activities and to download copies of submissions and comments.
Working Group Comments regarding the Proposed US Horizontal Merger Guidelines
In June 2010, the IBA Antitrust Committee submitted comments to the US antitrust agencies on their proposed revised merger guidelines. Those comments generally support the proposed revision, but make a number of suggestions for changes or clarification. The most noteworthy change in the proposed revision is that it deemphasizes the role market definition historically has played in merger analysis in prior iterations of the guidelines. In contrast to the 1992 guidelines, under the proposed revision, market definition, though a 'useful tool' of merger analysis, is no longer considered necessary but in some cases can be dispensed with.
Working Group Response on the Draft Joint OFT/CC Merger Assessment Guidelines
On 31 May 2010, the Working Group of the Antitrust Committee of the International Bar Association submitted a response to the revised draft joint UK Office of Fair Trading ('OFT')/Competition Commission ('CC') Merger Assessment Guidelines which were published for consultation in April 2010. This was the second round of consultation; the Working Group submitted a response on an earlier draft of the Guidelines in August 2009.
Working Group Response on the Draft Joint Office of Fair Trading/Competition Commission Merger Assessment Guidelines
On 28 August 2009, the Working Group of the Antitrust Committee of the International Bar Association submitted a response to the draft joint UK Office of Fair Trading (“OFT”) / Competition Commission (“CC”) Merger Assessment Guidelines which were published for consultation in April 2009. The Guidelines revise and expand guidance material currently contained in several publications issued separately by the OFT and the CC.
Working Group on the Functioning of the Current EC Regime for the Assessment of Horizontal Cooperation Agreements
On 4 December 2008 the European Commission published a questionnaire relating to the public consultation on the functioning of the current regime for the assessment of horizontal cooperation agreements under EU antitrust rules. A Working Group of the IBA Antitrust Committee was formed to respond to the questionnaire and on 30 January 2009 submitted comments to the European Commission on the functioning of the current regime for the assessment of horizontal cooperation agreements under EU antitrust rules.
Working Group on the Application of the EC Merger Control Regulation
On 28 October 2008 the European Commission launched its public consultation on the application of the EC Merger Control Regulation (“ECMR”). A Working Group of the IBA Antitrust Committee was formed to participate in the consultation process. On December 2008 the Working Group provided a comprehensive submission to the European Commission how the rules on jurisdictional thresholds and referral mechanisms have worked in practice under the recast ECMR.
Commerce and Economic Development Bureau proposals for a competition law in Hong Kong
In August 2008 an Antitrust Committee Working Group submitted comments to the Commerce and Economic Development Bureau on the detailed proposals for a competition law in Hong Kong.
UK Competition Commission Merger Remedies
On 21 August 2008, following the release of the Draft Guidelines on Merger Remedies (the 'Draft Guidelines') by the UK Competition Commission ('CC'), an Antitrust Committee Working Group submitted comments to the CC.
EC’s Draft Notice on remedies acceptable under the Merger Regulation
An Antitrust Committee Working Group submitted comments to the European Commission on the Draft Notice on remedies acceptable under Council Regulation (EEC) No 139/2004 and under Commission Regulation (EC) No 802/2004 (the 'Draft Notice'). The Draft Notice is intended to provide guidance to companies on modifications to concentrations to restore conditions for effective competition.
EC’s Draft Guidelines on the Assessment of Non-Horizontal Mergers
The IBA Antitrust Committee Working Group on the EC’s Draft Guidelines on the Assessment of Non-Horizontal Mergers submitted comments to the European Commission, following the Draft Commission Notice on 'Guidelines on the Assessment of Non-Horizontal Mergers under the Council Regulation on the Control of Concentrations Between Undertakings' published on 13 February 2007.
Proposed mandatory merger notification regime in India
In March 2008, following the release of the Draft Competition Commission of India (Combination) Regulations 200_ which are to apply to the underlying Competition Act, 2002, No 12 of 2003, the Antitrust Committee Working Group on India’s proposed merger notification regime submitted its comments, to the Competition Commission of India.
EC's Draft Consolidated Jurisdictional Notice
This working group submitted comments to the EC on its draft of consolidated guidance on jurisdiction under the EC Merger Regulation, which was published on 28 September 2006. The consolidated jurisdictional notice combines the four existing Commission notices on the concept of concentration, the concept of full-function joint ventures, the concept of undertakings concerned and the calculation of turnover.
Confederation of British Industry proposals for an EU Competition Court
An Antitrust Committee Working Group submitted comments to the House of Lords Select Committee on the European Union, following a proposal by the Confederation of British Industry (CBI) for the creation of an EU Competition Court to address concerns about judicial review in the present EC merger regime.
EU Private Litigation
- In October 2007, this working group submitted a detailed set of comments on the Office of Fair Trading (OFT)’s Discussion Paper titled Private Actions in Competition Law - Effective Redress For Consumers and Business.
- This working group examined the European Commission's plans to promote the development of private competition litigation in Europe. In July 2006, the Working Group submitted comments on the European Commission’s Green Paper on Damages Actions for breach of the EC Antitrust Rules. This submission is made further to the Working Group’s initial submission of 14 July 2005.
Development of competition law in the People's Republic of China
- This working group originally submitted comments to the PRC authorities on the various drafts of the proposed antimonopoly law on 22 August 2005 and was subsequently invited to participate in consultations relating to the new draft antimonopoly law.
-
On 20 August 2007 the working group provided detailed comments in response to an updated Draft Law dated 24 June 2007. The Standing Committee of the National People’s Congress has subsequently adopted China’s first antitrust law, which will come into effect on 1 August 2008. China will accordingly adopt a two-tier enforcement structure, whereby the Anti-Monopoly Commission will steer regulatory governance, along with the Anti-Monopoly Enforcement Authority who will carry out investigations.
US Antitrust Modernization
This Working Group submitted comments to the Antitrust Modernization Commission ('AMC') on issues of cross-border significance in areas such as mergers enforcement, exclusionary conduct, and international issues.
Leniency programmes
- On 30 October 2009, the IBA Antitrust Committee's Leniency Working Group submitted its response to the New Zealand Commerce Commission's Revised Draft Leniency Policy.
- On 25 November 2008, the Working Group provided comments to the Australian Treasury on the Australian Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008
- On 3 October 2008, following the release of Consultation Documents by the Competition Commission of Singapore ('CCS'), an Antitrust Committee Working Group submitted comments on the proposed changes to the Leniency Guidelines of Singapore.
- On 16 July 2008, an Antitrust Committee Working Group submitted comments to the Canadian Competition Bureau. While commenting positively on the Competition Bureau’s constructive consultation process, the submission suggests that some aspects of the Bureau’s Draft Information Bulletin on Sentencing and Leniency in Cartel Cases could benefit from further consideration.
Article 82 Enforcement
This Working Group submitted comments to the European Commission on the application of Article 82 of the EC treaty to exclusionary abuses.