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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: £71 per issue
£144 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Latest Issue - Vol 18 No 1 – June 2022

On 18 November 2021, the European Commission adopted a communication with a promising title: ‘A competition policy fit for new challenges’. The document covers all pillars of EU competition enforcement: antitrust law, merger control and state aid law. It also addresses new issues, such as the Digital Markets Act and the fight against third-country subsidies. However, although the Commission announced ‘a review of competition policy tools with unprecedented scope and ambition’, the 20-page paper does not reveal any ground-breaking new policies. Antitrust practitioners looking for a revolution might therefore be disappointed.

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This article considers the main achievements in the first six years of Hong Kong’s Competition Ordinance (the ‘Ordinance’) and the pain points that have emerged. The article provides in-depth analysis of the Ordinance, cartel and non-cartel enforcement activity, ongoing investigations, private litigation and merger control. The article covers key policy developments and, looking ahead, what we can expect to see from the Hong Kong Competition Commission.

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This article, by former Judge President of South Africa’s Competition Appeal Court, Dennis Davis, examines the decision of South Africa’s Constitutional Court in the Mediclinic case, which concerned a proposed merger in the private healthcare sector involving hospitals in relatively small towns. The Constitutional Court overturned the decision of the majority of the Competition Appeal Court, which found that because medical care in Potchefstroom and Klerksdorp did not fall within the same local market, the merger did not give rise to the problem of a substantial lessening of competition in the local market. The article concludes that whilst the Constitutional Court’s emphasis on the role that the Constitution must play in the interpretation of provisions of the Competition Act is to be applauded, and this case will doubtless influence the interpretation of the Competition Act in future litigation, the right to healthcare in section 27 of the Constitution is not a jurisprudential war cry, and its application must still depend on the facts of the case. The decision may invite the Competition Commission to invoke the Constitution, almost without fetter, and reduce the Competition Appeal Court’s jurisdiction considerably so as to render the Competition Commission far less accountable than should be the case in a dispensation based on the rule of law.

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In 2021, Spanish Courts annulled three relevant decisions of the Spanish Competition Authority (the ‘CNMC’) based on the lack of incriminating evidence. These cases are characterised by an in-depth assessment of the evidence used by the CNMC to find an infringement and send a clear message to competition authorities in Spain to improve the quality of the reasoning and evidence behind their decisions. This article analyses these cases and the lessons that can be extracted from them for authorities and practitioners.

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Remedy commitments have been widely discussed abroad and in Brazil; nevertheless, discussions focusing on their procedural aspects are few, even though these have become increasingly important. In this article, we provide an overview of procedural aspects of remedy commitments in Brazil and highlight important aspects that applicants to merger procedures should bear in mind when negotiating with the Brazilian antitrust authority (CADE). We provide data showing that it is uncommon for merger procedures to require merger control agreements but explain that, when the situation arises, applicants must be wary of the importance of negotiating clear provisions. We further explain that applicants must ensure compliance with the terms of merger control agreements, seeing as two recent decisions issued by CADE demonstrate that the antitrust watchdog will not shy away from rejecting the transaction, should the applicants fail to comply with the merger control agreement.

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After a pivotal year for the collective proceedings regime in England and Wales in 2021, this article explores the further developments coming out of the judgment of the collective proceedings orders application by Malcolm McLaren. It also looks ahead, from the time of writing in March 2022, at the key issues anticipated in the forthcoming year, in particular the management of collective proceedings beyond certification.

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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: £71 per issue
£144 per year, two issues per year
Five per cent agency discount available on annual subscriptions

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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