Competition Law International (CLI)

About Competition Law International

Competition Law International is the journal of the Antitrust 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.

Recent articles have included:

  • The United States Federal Trade Commission: continuity and challenges
  • The new French competition law enforcement regime
  • Antitrust in China - a constantly evolving subject
  • Antitrust issues involving acquisitions of financially distressed companies

Subscriptions

Members of the Antitrust Section receive Competition Law International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 1817 5708
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Latest Issue - Vol 16 No 2 – December 2020

5G is the next generation of mobile technology. While it promises considerable increases in performance and functionality, it also requires significant investment. This need for new investment arrives at a time when mobile network operator (MNO) revenues and average revenue per user (ARPU) have been flat or declining, while connections and data usage by consumers have been increasing. These trends have put pressure on MNOs to combine (merge) or collaborate (share network assets) in order to achieve investment efficiencies. Both mergers and network sharing agreements (NSAs) have the potential to benefit consumers through increased investment and the dynamic competition benefits they bring, but may also reduce competitive tension, particularly in a more static sense, between MNOs. In this article, we set out the economic basis for this trade-off and discuss recent cases in which these issues have played out around the globe.

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South Africa recently amended its Competition Act, introducing, among other amendments, a novel provision prohibiting the abuse of buyer power. The novelty of the provision stems from the combination of three features: a public interest focus, a dominance requirement and its application not only to trading terms but prices as well. To address this and provide further clarity, the South African Competition Commission released a set of guidelines outlining the factors or benchmarks for assessing a buyer power abuse. This paper considers the difficulties associated with each of the aforementioned features from an economic perspective, how the guidelines have dealt with each of these and what challenges are likely to remain.

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Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms. It goes on to analyse crucial provisions of the draft Code in light of criticisms in Australia and approaches in other jurisdictions.

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Do we need new rules to protect a level playing field for competition with firms from non-European Union countries? Although there have been dry spells in international trade policy since the Second World War, there has been a long trajectory towards ever more trade and globalisation, which culminated in the accession of China to the World Trade Organization in 2001. The working assumption that the Chinese economic and social model would converge towards Western models has not materialised. Its model of state capitalism (as of today) raises serious challenges to the EU’s order based on economic and personal freedom, competition and individual privacy.

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How to order

Members of the Antitrust Section receive Competition Law International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 1817 5708
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Review books

Please send details of books for review to editor@int-bar.org.

Guidelines for authors

Copyright and Disclaimer

Copyright: The IBA holds copyright in all articles, newsletters and papers published by them. If you wish to reproduce or distribute any IBA publication or any part of an IBA publication, permission must be requested in writing from the Managing Editor at editor@int-bar.org, and due acknowledgment given.

Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association