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 17 No 1 – May 2021

In 2021, the United Kingdom’s CMA (Competition and Markets Authority) – like other competition agencies worldwide – faces a future where competition law enforcement and policy are very different from what we have been used to for decades. Quite apart from its new post-Brexit functions (taking on cross-border merger and cartel cases that would previously have been reserved to the European Commission), the CMA is having to deal with a panoply of new challenges. This article discusses ways of dealing with these changes.

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On 11 December 2020, the UK Supreme Court delivered a landmark judgment in Merricks v Mastercard. The judgment sets the standard that opt-out collective actions before the UK Competition Appeal Tribunal will be required to meet at the certification stage. The judgment furthermore provides a resounding endorsement of the principles underpinning the expansion of the UK’s collective action regime to include opt-out proceedings via the Consumer Rights Act 2015. In this article, the authors provide an in-depth analysis of the seminal judgment and assess its wider implications for the future development of the country’s young collective actions regime.

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The South African Competition Act 1998 has from the outset reflected a clear focus on both competition law and public interest issues, the latter including provisions to enhance small business and overcome historical discrimination wrought by apartheid. Interpretation and implementation of these provisions has developed over time, culminating in the introduction of amendments to these provisions in the Competition Amendment Act 2018, which came into force in 2019. This article reviews the applicable legislative provisions and how they have been interpreted by the competition authorities in practice and through case law, and considers whether they have been effective.

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This article considers what the Canadian approach should be to the regulation of no-poach and wage-fixing agreements. It provides an overview of the dual-track approach to agreements between competitors included in the Canadian Competition Act; explains why no-poach and wage-fixing agreements have become such a ‘front and centre’ issue in Canada for both the Canadian Competition Bureau and politicians; describes the approach to no-poach and wage-fixing agreements in Canada and in various jurisdictions around the world; and discusses the path forward in Canada, including our opinion that the Bureau will likely push for amendments bringing no-poach and wage-fixing agreements within the scope of the Competition Act’s per se criminal cartel provision – inline with the approach of enforcement agencies in the United States. However, this article highlights that the nuanced and contextual effects of no-poach and wage-fixing agreements, which have yet to be fully understood in Canadian labour markets, may necessitate a more fulsome analysis of these agreements under section 90.1 of the Competition Act.

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The coming into effect of the merger regime in Nigeria is likely to be transformational for Africa’s biggest economy. This codification of merger control regulations will be of great benefit to transacting parties. The adoption of similar provisions from tested jurisdictions will ensure effective regulation and also guard against harmful mergers. With a continuous refining of merger control regulations, Nigeria is on its way to economic growth.

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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

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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