Competition Law Online - October 2009
Competition Law International articles are now available online to members of the Antitrust, Global Forum for Competition and Trade Policy, and Trade and Customs Law Committees. To access the articles in this issue, you will need to sign in using your IBA username and password. Access login details.
Fundamentals and new learning
Christine A Varney
United States Department of Justice, Washington
This article focusses on the Sherman Antitrust Act of 1890 which when passed, aimed to protect the American consumer against the harm posed by anti-competitive firm conduct. Whilst the Sherman Act remains at the core of antitrust analysis in the United States, change is ahead. The main challenge in maintaining a sound framework for antitrust enforcement will be to remain true to first principles, while at the same time making room for new learning with colleagues in the United States and from around the globe.
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The United States Federal Trade Commission: continuity and challenges
Jon Leibowitz
Chair, US Federal Trade Commission, Washington DC
In the United States, every new Administration brings change and faces new challenges. Similarly, each new Chair of the Federal Trade Commission (FTC) brings changes to the agency in terms of emphasis and priorities, and usually confronts some new challenges as well. The FTC definitely has some new challenges; the financial crisis, for example, has spawned work for both the consumer protection and competition missions. Fraudsters have been selling foreclosure rescue packages that purport to help consumers keep their homes, but often will put them out on the street. Jon Leibowitz discusses the challenging new work for the FTC.
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The new French competition law enforcement regime
Bruno Lasserre
President of the Autorité de la concurrence, Paris
France is at a turning point in its history of competition law enforcement. Its institutional framework was overhauled a few months ago, after a reform completed in less than a year. The previous system, which divided powers and means between an independent agency, the Conseil de la concurrence (the ‘Competition Council’), and the Ministry of Economy, was swept away. A single independent Autorité de la concurrence (the ‘Authority’) has replaced it, vested with the full spectrum of competition law enforcement powers.
The coming months and years will be key as the new Authority takes shape, frames its objectives and focuses on delivering tangible consumer welfare results, while safeguarding a business-friendly environment that puts competition at the heart of business.
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CADE: the way forward
Arthur Badin
Council for Economic Defence, Brasilia
The Council for Economic Defence (CADE) is the Brazilian competition authority responsible for the administrative adjudication of anti-competitive practices and mergers, and it has been going through a constant evolution since its creation in 1962. The agency has survived the following period of government intervention in the economy, price control, state-owned companies and limitation of its authority to private companies. This article discusses CADE’s past successes and looks at its strategic planning for the years ahead.
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Interview with Murat Çetinkaya, Competition Board member, Competition Authority Turkey
Competition Law International talks to Murat Çetinkaya about, amongst other things: the Turkish Competition Authority (TCA); challenges facing the TCA; how the current economic conditions have impacted on the agency; and which other agencies around the world are most influential.
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Antitrust Enforcement by China’s Administration of Industry and Commerce
Ning Wanglu
Anti-Unfair Competition and Anti-Monopoly Law Enforcement, Beijing
The State Administration of Industry and Commerce (SAIC) is the authority directly under China’s State Council in charge of market supervision and administration and related administrative enforcement. It bears a great responsibility to protect the order of the socialistic market economy. During the 14 years from the initiation of the legislative process of the Chinese Anti-Monopoly Law (AML) in 1994 until the law’s adoption on 30 August 2007, SAIC acted as a member of the drafting team, participated in the entire legislative process, and made an important contribution to the AML’s enactment. This article talks about SAIC, the new regulations in 2009 and the Ongoing implementation of the Anti-Monopoly Law.
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Interview with Melanie L Aitken, Commissioner of Competition, Canadian Competition Bureau
Competition Law International talks to Melanie L Aitkin about, amongst other things: the Canadian Competition Bureau; her career progression to Interim Commissioner of Competition; what is the biggest challenge facing the Bureau today; is there a political dimension to competition policy; and which other agencies around the world are most influential.
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Successful competition policy in Poland: experiences and challenges of the Polish competition authority
Malgorzata Krasnodebska-Tomkiel
Competition and Consumer Protection Bureau Poland, Warsaw
Malgorzata Krasnodebska-Tomkiel, the President of the Polish Office of Competition and Consumer Protection (OCCP), started her role over a year ago. When she assumed the post, there was no need to undertake any revolutionary measures. However, as every competition authority, the OCCP are facing many challenges. The current priorities include increasing the transparency of competition policy as well as the effectiveness of detecting competition law infringements. Although the existing regulations make it possible to combat anti-competitive practices effectively, it is necessary to adapt them to the changes taking place in the world economy today. This article discusses the role of the OCCP, the strategic priorities of the agency and international cooperation.
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IBA Antitrust Committee Working Groups
IBA Antitrust Committee submission to the Canadian Competition Bureau on draft competitor collaboration guidelines
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Working Group of the IBA Antitrust Committee response to the draft joint UK Office of Fair Trading (OFT)/Competition Commission (CC) Merger Assessment Guidelines
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