Angola: the latest addition to the World’s Competition Law Regimes - Antitrust Committee, September 2018
On 18 April 2018, the National Assembly of Angola approved by a unanimous majority of 183 votes, the proposal for a Competition Act (the ‘Act’), which establishes a set of principles and rules governing competition in the country. The Act entered into force on 10 May 2018 and will be enforced by the newly-created Competition Regulatory Authority (Autoridade Reguladora da Concorrência, or ‘ARC’).
CADE issues preliminary version of antitrust remedies guidelines - Antitrust Committee, September 2018
The Brazilian Competition Authority (CADE) has issued a preliminary version of their antitrust remedies guidelines and submitted the draft for public consultation. CADE has not yet released an English version of the draft, but below is an overview of the structure and main substantive sections.
Canada: Competition law update - Antitrust Committee, September 2018
This article reports on significant developments in Canadian competition law that have occurred recently, including: consent agreements in Metro Inc’s acquisition of The Jean Coutu Group Inc; the investigation into alleged abuse of dominance by Softvoyage Inc; the final e-books proceedings against HarperCollins; an investigation into ‘drip-pricing’ in the sports and entertainment ticketing industry; and more.
China to merge antitrust authorities
On 17 March 2018, the Chinese legislature decided on a major restructuring of governmental agencies, with a profound impact on antitrust enforcement in the country. Although there had been discussions and rumours for a while about the restructuring, the extent and significance of the planned reform measures went beyond the expectation of many commentators. It is clear that there will be major changes to the ministries and other institutions under the State Council.
Colombia cement industry cartel members fined by the Colombian competition authority - Antitrust Committee, September 2018
In Colombia, the cement industry is one of the most important in the country's economy. Its characteristics and the structure of this market make it highly susceptible to collusion or business cartelisation. An investigation regarding the increase in cement prices in Colombia was publicly announced in 2013. Recently, proceedings commenced by the competition authority, Superintendence of Industry and Commerce (SIC) concluded, resulting in a decision against the three largest cement companies.
Territorial clauses in retail lease contracts for the first time decided by Czech civil courts and Antitrust Office
Years after the discussion of territorial clauses in retail commercial lease contracts seems to have been settled on the EU level following the Maxima Latvia decision from 26 November 2015, the Czech Republic saw action in that area both in the civil jurisdiction as well as by the Czech Antitrust Office. Now, for the first time, courts and the Antitrust Office have to decide issues concerning the potential anti-competitive effect of such radius clauses limiting retail tenants in their activity.
Denmark: Recent developments - Antitrust Committee, September 2018
On 24 May 2018, the High Court of Western Denmark found that the Danish Competition Authorities had not established with the required degree of certainty that Elsam (now a part of Ørsted) had abused its dominant position by demanding excessive prices on their wholesale of physical electricity in Western Denmark.
Is there life after 60? - Antitrust Committee, September 2018
A recent decision by the Estonian Competition Authority (in Estonian Konkurentsiamet, ECA) in relation to the potential abuse of dominance by Eesti Energia AS (EE) provides an interesting example of the possibility to argue that a company is not dominant (under Estonian or EU competition law) even if its market share is in excess of 60 per cent.
Government proposes amendments to the Finnish Competition Act - Antitrust Committee, September 2018
On 24 May 2018, the Finnish Government issued a Bill on proposed amendments to the Competition Act. The proposed amendments will, among other things, give the Finnish Competition and Consumer Authority (FCCA) further powers and adjust merger control review periods. The proposed amendments are expected to enter into force as soon as possible. The key amendments included in the government Bill are briefly summarised in this article.
New developments in Hong Kong's first case under the Competition Ordinance - Antitrust Committee, September 2018
Important new developments are reported in the first case under Hong Kong's cross-sector antitrust statute, the Competition Ordinance (‘Ordinance’), in effect since December 2015. Under the Ordinance, enforcement action may only be undertaken by the Competition Commission (‘HKCC’), and by the Communications Authority in the broadcasting and telecommunications sector.
Japan updates - Antitrust Committee newsletter article, September 2018
The Japan Fair Trade Commission (JFTC) issued a cease-and-desist order and a surcharge payment order against Koito Mfg. Co. Ltd(Koito) on 22 March 2013. The orders were issued because Koito had caused a substantial restraint of trade, contrary to the public interest, by conspiring with other automobile lamp manufacturers to rig the bidding for procurements of automobile lamps by five automobile manufacturers.
Strategic plan: Competition enforcement and merger control - Antitrust Committee, September 2018
In July of 2017, the Competition Authority of Kenya (CAK) published its strategic plan for the next four years, essentially a road map which outlines the broad themes of focus for regulatory development. The themes include the enforcement of competition and regulation of mergers, which is briefly touched upon below. Other aspects are consumer protection, research and advocacy, visibility and corporate image and organisational sustainability.
MyCC’s Draft Guidelines on Intellectual Property Rights and Competition Law - Antitrust Committee, September 2018
The Malaysia Competition Commission (MyCC) published their ‘Draft Guidelines on Intellectual Property Rights and Competition Law’ (the ‘Draft Guidelines’) in April 2018 and requested feedback from the public on the Draft Guidelines. It appears that there was no physical public consultation session, as was the case for the market reviews focusing on the pharmaceutical sector and the construction industry. Instead, a public consultation was conducted online.
Update from the Netherlands - Antitrust Committee, September 2018
The high prices in the pharmaceutical sector have caught the eye of the Dutch Authority for Consumers and Markets (ACM). In two recently published working papers, it takes stock of the best approach to determine excessive drug prices in this sector. Antitrust enforcement thus seems imminent in this sector. In addition, a Dutch court recently ruled on how to assess discriminatory conduct in the context of dominance abuse.
Norway: Proposals on competitive neutrality between private and public entities - Antitrust Committee, September 2018
Competition between public entities, in particular State Owned Enterprises (so-called SOEs), and private companies is a key competition law topic in many jurisdictions. In most countries, at least in Europe, there is agreement on the principle of competitive neutrality, however, the detailed understanding and implementation of this principle varies greatly.
Peru updates - Antitrust Committee, September 2018
Agustín Valencia-Dongo provides an article covering significant Antitrust updates in Peru, including Resolution No. 030-2018/CLC-INDECOPI.
Portuguese Competition Authority calls for regulatory framework on FinTechs - Antitrust Committee, September 2018
In April 2018, the Portuguese Competition Authority (PCA) launched a public consultation on technological innovation and competition in the financial sector – the so called FinTech – in Portugal. The PCA considers that innovative technologies in the financial sector and new FinTech entrants may play a key role in promoting choice and increased access to credit and other financial services for consumers and companies in a market which is currently characterised by high concentration and low contestability.
Recent activity of the Romanian Competition Council - Antitrust Committee, September 2018
At the end of 2017, the Romanian Competition Council reported 36 ongoing investigations, most of them concerning cartels and abuses of a dominant position. This article focuses on a few recent investigations.
Update on Singapore competition law - Antitrust Committee, September 2018
Since Daren Shiau and Elsa Chen's last article in November 2017, there have been a number of developments in Singapore competition law. These are discussed in-depth in this article.
Proposed amendments to South African Merger Rules - Antitrust Committee, September 2018
In December 2017, the South African Minister of Economic Development published a Bill, which proposes significant amendments to the merger control provisions of the South African Competition Act 1998.
Is the Swedish Competition Authority ready to start afresh? - Antitrust Committee, September 2018
The Swedish Competition Authority (SCA) has arguably had a few tough years. In terms of fines, the SCA has not brought any infringement proceedings since 2015 and in the few cases where the SCA brought proceedings prior to that, it enjoyed very little success. All but one infringement case after 2012 where the SCA has sought the imposition of a fine, have been dismissed or rejected by the courts. The SCA has not enjoyed any greater success in the area of merger control.
The Swiss Federal Supreme Court changes its judicial practice on negative declaratory actions - Antitrust Committee, Sept 2018
On 14 March 2018, the Swiss Federal Supreme Court changed its prior judicial practice on the requirements for negative declaratory actions. It ruled in a competition law dispute that the intention of a party to secure a venue in Switzerland for an imminent legal dispute in an international context is to be considered as a sufficient interest for a respective declaratory action.
Leniency: The Future for Cartel Enforcement in Latin America
During 2015 and 2016, members of the Latin American Regional Forum's Young Council answered a set of questions prepared to assess the regulation of cartels in Latin American and particularly the existence or not of Leniency Programs and their efficiency in 13 Latin American countries.
United States - Federal Trade Commission issues section 5 guidelines for first time - Antitrust Committee, Dec 2015
By Scott Megregian and Kristi Caputo, United States - Federal Trade Commission issues section 5 guidelines for first time
United Kingdom - Competition update - Antitrust Committee newsletter article, December 2015
By Stephen Wisking. On 1 October 2015, the competition provisions of the Consumer Rights Act, 2015 came into effect.
Merger control reforms in Ukraine: the time has come - Antitrust Committee newsletter article, December 2015
By Timur Bondaryev and Maryna Alekseyeva. What first comes to your mind when you get to know that your transaction may require approval in Ukraine?
Turkey - Price caps in the Turkish fuel market: Fighting the symptoms - ignoring the cause - Antitrust Committee, Dec 2015
By Sahin Ardiyok. Since the liberalisation of the Turkish petroleum market in 2005, the Energy Market Regulatory Authority (EMRA) has intervened in the fuel market by putting ceilings on prices charged by distributors. Although these price cap regulations were exercised on a temporary basis, their effects seem to be more permanent than intended, especially on long term decisions of market players.
A NT$20m fine against Apple upheld by Taiwan court - Antitrust Committee, December 2015
By Margaret Huang, Deven Lu and Rose Lin. Swedish Supreme Court reviews Eco Swiss doctrine.
South Africa - Competition law update - Antitrust Committee newsletter article, December 2015
By Alexis Apostolidis. On 26 October 2015 the Competition Commission made its final referral to the Competition Tribunal of regarding the last case arising out of its investigation of bid rigging in the construction sector.
Update on Singapore Competition Law - Antitrust Committee newsletter article, December 2015
By Daren Shiau and Elsa Chen. Since our last article for the IBA Antitrust Newsletter (dated June 2015), there have been developments in Singapore competition law, of which this article seeks to provide a summary.
Significant amendments to the Russian competition legislation (‘Fourth Anti-Monopoly Package’) - Antitrust Committee, Dec 2015
By Vassily Rudomino, Ksenia Tarkhova and Roman Vedernikov. Significant amendments to the Russian competition legislation (‘Fourth Anti-monopoly Package’) - Antitrust Committee.
Fast track to increased transparency and efficiency – Polish Competition Authority reforms, Antitrust Committee, December 2015
By Ewa Tabor-Maciejewska and Marta Kownacka. The year 2015 appears to be remarkable in terms of the enforcement of Polish Competition and Consumer Law.
Updates from Peru - Antitrust Committee newsletter article, December 2015
By Eduardo Quintana Sánchez and Agustín Valencia-Dongo. In Peru, the National Institute for the Defence of Competition and Intellectual Property – INDECOPI (hereinafter, INDECOPI) is the administrative entity in charge of implementing competition law, consumer protection law and matters related to intellectual property, among others.
Judicial control with the Norwegian Competition Authority's decisions – a new regime - Antitrust Committee, December 2015
By Anders Ryssdal and Håkon Cosma Størdal. Norway - Judicial control with the Norwegian Competition Authority's decisions – a new regime
Recent developments in Malaysia - Antitrust Committee newsletter article, December 2015
By Anand Raj, Chin Wen-Ly and Jess Ngo Hui Zhong. Malaysia Heavy Construction Equipment Owners’ Association (MHCEOA). In January 2013, the MHCEOA announced that it would be increasing the cost for the leasing of machinery by 15 per cent.
Latvia - Updates from Latvia - Antitrust Committee newsletter article, December 2015
By Ieva Andersone and Janis Zulkis. On 2 September 2015, the Regional Court of Latvia (‘Court’) adopted a significant judgment, upholding the decision of the Latvian national competition authority of October 2013 (Competition Council), whereby it was found that the Latvian incumbent gas monopoly company, AS Latvijas Gaze (LG), had abused its dominant position.
Kenya - Consolidated Guidelines on the Substantive Assessment of Mergers: minority interests - Antitrust Committee, December 2015
By Amar Grewal-Thethy. The Kenya Competition Authority (‘Authority’) published the Consolidated Guidelines on the Substantive Assessment of Mergers in July 2015 (‘Merger Assessment Guidelines’).
Japan - Updates from Japan - Antitrust Committee newsletter article, December 2015
By Masatsugu Suzuki. New JFTC guidelines for use of intellectual property - In June 2005, the JFTC expressed concerns regarding AML issues related to creating a patent pool to standardise patents, which were subsequently reflected in guidelines on the use of intellectual property (IP Guidelines) under the AML issued in September 2007.
Italy - Recent developments - Antitrust Committee newsletter article, December 2015
By Enrico Adriano Raffaelli. Chairman Pitruzzella and European Commissioner Vestager agree on joint action to promote competition - On 10 September 2015, the Chairman of the Italian Antitrust Authority (IAA), Professor Giovanni Pitruzzella, met the European Commissioner for Competition, Margrethe Vestager, in Rome.
Ireland - Booking.com provides commitments on parity practices to Irish Competition Commission - Antitrust Committee, Dec 2015
By Damian Collins and Philip Andrews. On 6 October 2015, the Irish Competition and Consumer Protection Commission (CCPC) announced that it had obtained five-year commitments from Booking.com regarding certain clauses contained in the Booking.com contracts with Irish accommodation providers (hotels).
Healthy competition, happy commission: enforcing the Hong Kong Competition Ordinance - Antitrust Committee, December 2015
By Danny Leung and Stephanie Tsui. Healthy competition, happy commission: enforcing the Hong Kong Competition Ordinance.
The HCC accepts commitments proposed by tobacco manufacturers - Antitrust Committee newsletter article, December 2015
By Dimitris Vallindas, Ira Valsamaki and Daphne Vagogne. The Hellenic Competition Commission accepts commitments proposed by tobacco manufacturers to address competition concerns in the market for the sale of tobacco products in Greece.
Constitutionality of case law that allows the imposition of a fine - Antitrust Committee newsletter article, December 2015
By Dirk Schroeder. Constitutionality of case law that allows the imposition of a fine on a company that was transformed by a merger after its employees committed the infringement.
New rules and procedures in French competition law after adoption of the Loi Macron - Antitrust Committee, December 2015
On 6 August 2015, the law for growth and activity and equality of economic opportunities – Loi Macron, named after the French Minister of Economy Emmanuel Macron – entered into force. This law introduced various changes to French competition law. The major innovation is the introduction of a settlement procedure similar to the one existing in European law.
Finland appoints working group to prepare competition act reform - Antitrust Committee newsletter article, December 2015
By Mikael Wahlbeck and Sebastian Wiik. In August 2015, the Finnish Ministry of Employment and the Economy appointed a working group to assess the need for amendments to the Finnish Competition Act (‘CA’). The working group’s mandate began in September 2015 and will end in February 2017.
Estonia - Resolving competition law regulatory disputes without litigation - Antitrust Committee newsletter article, Dec 2015
By Raino Paron and Martin Mäesalu. The supervisory practice of the Estonian Competition Authority (especially when dealing with alleged abuses of dominance) has in general not focused on prosecuting breaches of competition law at any cost, but instead on removing distortions of free competition (at least as viewed from the perspective of the Competition Authority).
Denmark - Recent developments - Antitrust Committee newsletter article, December 2015
By Erik Kjær-Hansen, Denmark - Recent developments. ECJ ruling in Post Danmark II case seeks to clarify the assessment of rebate schemes under Article 102 TFEU. On 6 October 2015, the ECJ (Second Chamber) handed down its preliminary ruling on Post Danmark A/S’ (Post Danmark) retroactive rebate scheme (case C-23/14).
Czech Republic - Victory by exhaustion - Antitrust Committee newsletter article, December 2015
By Arthur Braun. For some, 15 years is a long time. Not so, it seems, in relation to Czech antitrust matters. Most see 15 years as half a generation, but one particular case has kept many generations of employees and legal staff at the Czech Antitrust Office busy.
China - New MOFCOM decisions highlight risks of failure to comply with merger filing obligations - Antitrust Committee, Dec 2015
By Adrian Emch and Qing Lyu. China - New MOFCOM decisions highlight risks of failure to comply with merger filing obligations. On 29 September 2015, China’s merger control authority – the Ministry of Commerce (MOFCOM) – published four new decisions sanctioning companies for failing to file reportable transactions under Anti-Monopoly Law (AML).
Chile - Legal standing on consultation procedures: an evolving concept - Antitrust Committee newsletter article, December 2015
By Claudio Lizana Anguita and María José Villalón. In 2003, Chilean competition laws took a qualitative leap with the creation of the Antitrust Court (Tribunal de Defensa de la Libre Competencia, ‘TDLC’).
Canada - Competition law update - Antitrust Committee newsletter article, December 2015
By Brian A Facey and Peter Flynn. The Supreme Court of Canada (SCC) recently affirmed the constitutionality of an administrative monetary penalty (AMP) provision in Guindon v Canada (Guindon).
Belgium - Updates from Belgium - Antitrust Committee newsletter article, December 2015
By Koen Platteau. Updates from Belgium. On 4 August 2015, in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the acquisition of control of a number of popular Dutch-language Belgian magazines (Story, Teve-blad, Vitaya and Humo) by De Persgroep.
Australia - Airlines, banks and agents - markets and competition - Antitrust Committee, December 2015
By Justin Oliver and Russell Miller. By Justin Oliver and Russell Miller. The Australian Competition and Consumer Commission (ACCC) was unsuccessful, on the same day, in two recent appeals; each a triumph for common sense over artificial constructs.
Argentina - Court of appeals revokes highest cartel fine imposed by Argentina’s antitrust authority - Antitrust Committee, December 2015
By Julián Peña and Federico Rossi. On 18 August 2015, the Federal Court of Appeals of Comodoro Rivadavia (the ‘Court of Appeals’) revoked Resolution No 271/2014 (the ‘Resolution’) issued by the Secretariat of Trade (ST), which imposed the highest fine ever imposed in Argentina’s antitrust history in a cartel case against automobile companies.
Kenya - COMESA thresholds - Antitrust Committee newsletter article, April 2015
To the delight of stakeholders, the COMESA Competition Commission (the ‘Commission’) has finally taken steps to refine the very broad tests applied to regional merger control – introduced at the beginning of 2013.
South Africa - Competition law alive and well - Antitrust Committee newsletter article, April 2015
Competition law is alive and well in South Africa and developing at a fast pace. As far as sector inquiries go, there are two that are proceeding efficiently; the first concerning the private healthcare sector and the second concerning the liquefied petroleum gas sector.
Argentina - Supreme Court of Justice requires new ruling on late filing fines in the Telco merger - Antitrust Committee newsletter article
On 10 March 2015, the Supreme Court of Justice revoked a Court of Appeals’ ruling that modified the fines imposed by the Secretary of Domestic Trade (SDT) in the Telco-Pirelli transaction in 2010 (the ‘Telco Merger’ ), and ordered the Court of Appeals to review the amounts of the fines.
Canada - Competition law update - Antitrust Committee newsletter article, April 2015
In January 2015, the Supreme Court issued a groundbreaking ruling in the area of merger efficiencies in Tervita Corp v Canada. This represents the first SCC decision relating to the mergers provisions of the Canadian Competition Act in nearly 20 years, and has significant implications for merger planning.
Chile - Minority shareholdings and merger control in Chile: a growing issue - Antitrust Committee newsletter article, April 2015
Nowadays, companies willing to carry out transactions in Chile involving the acquisition of minority shareholdings and the right to appoint directors in a competitor, must have in mind that Chile’s antitrust authorities would not approve such an outcome so easily.
Colombia - Notebook cartel investigated by the Colombian Competition Agency - Antitrust Committee newsletter article, April 2015
January is a busy month for the school supply industries in Colombia. A large number of schools start their academic year and parents are swamped with large lists of books, notebooks and other supplies for their children.
Peru - Updates from Peru - Antitrust Committee newsletter article, April 2015
INDECOPI’s Antitrust Commission sanctioned the College of Engineers of Peru and the Peruvian Consulting Association for making recommendations to increase professional service rates.
USA - Rules prohibiting payments to US collegiate student-athletes come under antitrust attac - Antitrust Committee newsletter article, April 2015
For decades, all of the many thousands of collegiate student-athletes across the US have shared one essential characteristic: they have not been paid to play on behalf of their colleges.
Uruguay - Leading case on minimum resale price - Antitrust Committee newsletter article, April 2015
On August 2014, by Decision No 80/014 (the ‘Decision’), the Commission for the Promotion and Defence of Competition (the ‘Commission’) decided a leading case related to minimum resale price practices in Uruguay.
Venezuela - Antitrust in Venezuela - Antitrust Committee newsletter article, April 2015
Venezuela has important experience in the matter of antitrust. Nevertheless, for two years the Superintendency for the Promotion and Protection of Free Competition (Procompetencia) (today Superintendency Antitrust) did not decide any of the decision cases.
Australia - Corporate Cartel Immunity policy - Antitrust Committee newsletter article, April 2015
With the focus of competition regulators worldwide on cartel activity and the range of countries moving to criminal sanctions, focus on cartels is unlikely to decline in the foreseeable future.
Hong Kong - New regulations provide insight into Hong Kong’s emerging competition regime - Antitrust Committee news article, April 2015
The Hong Kong Competition Ordinance (Cap 622) (‘Ordinance’) was enacted on 14 June 2012, and contains the legislative backbone for Hong Kong’s competition regime.
Japan - Malicious, repeated bid-rigging investigated - Antitrust Committee newsletter article, April 2015
On 28 January 2015, the Japan Fair Trade Commission (JFTC) commenced an investigation into alleged bid-rigging by construction companies, including Maeda, Nippo, Nihon, Tooa, Sato, Taisei and Kashima, in connection with the reconstruction of a road damaged by the 2011 Tohoku earthquake and tsunami.
New Zealand - New Zealand commerce commission starts 2015 with a focus on consumer rights - Antitrust Committee newsletter article, April 2015
New Zealand’s new ‘unfair contract terms’ regime came into force on 17 March 2015, further aligning New Zealand’s consumer laws with its Australian counterparts.
Singapore - Update on Singapore competition law - Antitrust Committee newsletter article, April 2015
Coming into its eighth year of enforcing merger control in Singapore, the Competition Commission of Singapore (CCS) continues to be active in enforcement and has issued its latest groundbreaking decisions on merger control.
Taiwan - A new amendment of the Taiwan Fair Trade Act - Antitrust Committee newsletter article, April 2015
The Fair Trade Act (FTA) is the main competition regulation under Taiwanese law. The Legislative Yuan of Taiwan approved a newly proposed amendment of the FTA on 22 January 2015.
Austria - Austrian Competition Authority publishes guidelines on settlements - Antitrust Committee newsletter article, April 2015
Settlements are currently the essential tool for closing antitrust proceedings in Austria. Following their increased importance, the Federal Competition Authority (FCA) has now for the first time published guidelines (in the form of a ‘point of view’) on settlements, in order to provide some guidance in practice.
Belgium - Updates from Belgium - Antitrust Committee newsletter article, April 2015
Updates from Belgium - European Commission’s damages claim against elevator manufacturers dismissed. Appeal procedure against dawn raid decision.
Czech Republic - The right to be heard is not grounds for appeal - Antitrust Committee newsletter article, April 2015
The Czech Supreme Administrative Court on 26 February 2015 (Severní Energetická, file number 62Af55/2011) overruled a 2013 decision by the Regional Administrative Court of Brno.
Denmark - Recent developments - Antitrust Committee newsletter article, April 2015
In Nov 2014, a construction company reached settlement with the Danish Public Prosecutor for Serious Economic and International Crime, accepting the hitherto largest fine ever imposed in a competition case in Denmark.
Finland - Merger control in Finland in 2014 - Antitrust Committee newsletter article, April 2015
With 30 concentrations cleared, 2014 was considerably busier for the Finnish Competition and Consumer Authority (FCCA) than 2013, which saw 19 concentrations cleared. This article will focus on the two transactions that were cleared subject to conditions in 2014.
France - The Orange Caraïbe judgment of the French Cour - Antitrust Committee newsletter article, April 2015
On 6 January 2015, the French Supreme Court (Cour de Cassation) delivered its judgment on an abuse of dominance case in the market for mobile telephony in the French overseas territories involving the companies Orange Caraïbe and France.
Germany - Federal Cartel Office can ‘name and shame’ offenders - Antitrust Committee newsletter article, April 2015
While the European Commission has named participants in conspiracies in its press releases and other documents for decades, Germany has been much more reluctant publicly to identify offenders.
Greece - Hellenic Competition Commission: Notice on treatment of confidential information - Antitrust Committee newsletter, April 2015
On 5 March 2015, the Hellenic Competition Commission (HCC) issued a notice on the meaning and treatment of confidential information in cases falling within the ambit of Law 3959/2011 (including mergers) (the ‘Notice’).
Hungary - Hungary changes its Natural Gas Supply Act to reflect EU-wide gas transmission system codes - Antitrust Committee, April 2015
Since the recent Russia-Ukraine gas pricing dispute in 2006 – due to which the gas transit has been subject to a cut off threat – Eastern EU Member States have been trying to fortify their gas supply.
Ireland - Cartel Immunity Programme 2015 - Antitrust Committee newsletter article, April 2015
On 22 January 2015, the Irish Competition and Consumer Protection Commission published a revised Cartel Immunity Programme, to take effect immediately.
Poland - New measures increasing openness and transparency in administrative proceedings before the Polish Competition Authority - Antitrust Committee newsletter article, April 2015
The practice of the Polish Office of Competition and Consumer Protection (OCCP) shows that it is undertaking many measures in order to assure a higher level of transparency and openness in proceedings.
Spain - Updates from Spain - Antitrust Committee newsletter article, April 2015
The Supreme Court settles the discussion concerning the turnover considered when calculating fines derived from antitrust infringements and clarifies the fining rules under the Spanish Competition Act.
Sweden - Merger of top two real estate agencies in Swede - Antitrust Committee newsletter article, April 2015
In December 2013, the merger of two of Sweden’s leading real estate agent franchises was announced.In the deal,Swedbank Franchise.
Turkey - How to achieve a competitive electricity market in Turkey? - Antitrust Committee newsletter article, April 2015
In January 2015, the Turkish Competition Authority published the final version of the Electricity Sales Market Inquiry Report. The Report is clearly the outcome of an extensive research conducted by dedicated experts.
UK - R (Gallaher and Somerfield) v Competition and Markets Authority - Antitrust Committee newsletter article, April 2015
The position of parties that settle competition enforcement proceedings and the implications for fines paid by them when other parties successfully appeal the infringement decision has been the subject of long running proceedings in the UK.
Competition Law International
Competition Law International is the journal of the Antitrust and Trade Law Section of the IBA. It provides an insight into international competition law issues with articles that are of practical interest. Published twice a year, the journal reaches over 1,400 competition law practitioners worldwide.
Report of the Task Force on Extraterritorial Jurisdiction (2009)
The Report of the IBA Legal Practice Division Task Force on Extraterritorial Jurisdiction lays out the principles governing extraterritoriality, and provides recommendations for governments, courts, international organisations and businesses on methods for minimising costs and conflicts associated with extraterritorial exercises of jurisdiction.