The Antitrust Committee forms working groups to study major international competition policy issues and to submit comments to regulators on proposed new and reformed legislation.  Please see below for more information on current and past projects.

The Antitrust Committee works with the following Committees to form the Antitrust and Trade Law Section:

Committee Conferences

For further information on any forthcoming or past IBA event, go to the conferences homepage  or contact the marketing department.

Committee Projects

The Antitrust Committee has formed the following Working Groups to study major international competition policy issues.  Please click on the name of each Working Group for more information about its activities and to download copies of its submissions and comments.

 EC’s Draft Notice on remedies acceptable under the Merger Regulation

The Working Group of the Antitrust Committee 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.

Following the release of the recent draft Competition Commission of India (Combination) Regulations 200_ which are to apply to the underlying Competition Act, 2002, No. 12 of 2003, the Working Group on India’s proposed merger notification regime submitted it's comments, in March 2008, to the Competition Commission of India.

Working group on the draft Commission Consolidated Jurisdictional Notice

On 28 September 2006, the European Commission published for consultation a draft of consolidated guidance on jurisdiction under the EC Merger Regulation. 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.

EU Competition Court

This 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 Working Group

The Working Group submitted in October 2007, 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 to 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 anti-monopoly 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 further 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.

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 

Following the release in Australia of the Exposure Draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (“Bill”), the Antitrust Committee Working Group submitted comments on the proposed criminalisation of certain cartel conduct in Australia to the Competition and Consumer Policy Division of the Treasury. The comments were submitted on 10 March 2008.

This Working Group submitted comments to the European Commission on the application of Article 82 of the EC treaty to exclusionary abuses.

Committee Publications

Competition Law International Editors: Jose Regazzini, Dave Poddar Competition Law International is the journal of the Antitrust Committee of the International Bar Association. It provides an insight into international competition law issues with articles that are of practical interest. Published twice a year, the journal reaches over 1,000 competition law practitioners.

Antitrust Reform in Europe Editors: Philip Lowe and Michael Reynolds On 1 May 2004 EU Member States were receiving increased powers to enforce EC competition law under Regulation 1/2003, the most radical shake-up of European competition law in 40 years, which came into effect on the same date. The progress of these changes is being watched carefully around the world. Almost a year on, in March 2005, the European Commission and the International Bar Association brought together judges, enforcers, competition lawyers and economists from EU Member States and other major jurisdictions to consider the effects of the changes to date. At the conference, entitled 'Antitrust Reform in Europe: A Year in Practice', delegates were able to assess the effects of these far-reaching reforms, debate the substantive issues and exchange views in a spirit of cooperation. This book collects together and updates papers delivered at the conference by leading judges, enforcers, economists and practitioners, as an invaluable resource for anyone working in the area of competition law. Publication: September 2005 ISBN 0-948711-64-7 Member price £50, non-member price £90

To download the latest issue of the committee newsletter, click here.

For further details of all IBA publications including books, journals, newsletters, conference papers and free guides and materials go to the publications homepage.

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