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The IBA’s response to the situation in Ukraine
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: £76 per issue
£153 per year, two issues per year
Five per cent agency discount available on annual subscriptions
This article provides a historical perspective on some of the main European Union abuse of dominance cases in the hi-tech sector from this century. It then seeks to draw lessons from those cases about where the law in the EU stands on abuse of dominance on a number of key issues, as well as what unanswered questions remain for the future, both as regards case enforcement itself and the interplay between that and regulation.
The next section sets the scene by outlining the policy context and some of the key issues at stake, both in terms of antitrust’s analytical framework, and its role and very purpose. Then, the article provides an overview of a number of the main EU abuse of dominance cases in the hi-tech sector from this century, and in light of those, a description of where we stand and where more clarification may come in the future. The article concludes by placing the debate in the broader policy context of the role and effectiveness of antitrust and its interplay with regulation.
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Increased economic volatility, healthcare emergencies and the rise of digital markets have all challenged the enforcement tools and approach of competition authorities globally. Successive economic shocks have required greater speed in responding and finding solutions to protect consumers. The Competition Commission of South Africa (CCSA) has used the active monitoring of critical markets, firm-level advocacy, guidance on the boundaries of acceptable conduct, accelerated investigations and consent agreements to correct behaviour rather than litigation. Examples are provided in price gouging, food markets, polymerase chain reaction (PCR) testing and airline exits. Speed is also considered important in digital markets, and given the ecosystems that characterise many digital markets, market inquiries are increasingly seen as a more effective tool to address features that adversely affect competition, along with tackling value chains in traditional markets.
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The two most important institutions in United Kingdom competition law are the Competition and Markets Authority (CMA) and Competition Appeal Tribunal (CAT): the CMA decides cases and the CAT hears appeals. However, this apparently simple system is the product of a somewhat complicated past; the position today is somewhat more complicated than the opening sentence of this article suggests; and the UK regime is likely to undergo interesting changes in the near future. This article will explain each of these assertions, concentrating more on the present and future than the past.
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Thirty years ago, the Lithuanian competition authority was born into the world of regulation that had promised a free market. The authority was meant to ensure that the free market remained free and people – who were yet to turn into consumers – benefited. The transition from a centrally planned, and totally regulated, economy that Lithuania had been subjected to under Soviet occupation proved to be complicated. For the best part of the 1990s, even the competition authority played the role of a price regulator. The free market never turned into what had been imagined in the early 1990s, instead increasingly curtailed by regulation. Some argue that competition has finally been removed from a throne erected by neoliberals. Others lament the demise of competition. Or, perhaps the pendulum has swung again: from private power towards government power as we search for the right balance between the two, as once observed by Giuliano Amato. If so, what effect has this balancing act had on the authority as competition advocate and enforcer? This paper answers the question in three stages: it starts with an introduction of Konkurencijos taryba and the institutional arrangements of competition enforcement. It then discusses enforcement itself. It finishes, not unexpectedly, with an overview of the present-day challenges the authority faces that are likely to remain for the foreseeable future.
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This article discusses the main legislative advances of the Peruvian competition regime since the entry into force of its first Competition Act, and the Peruvian Competition Authority’s most important achievements in recent years in investigating cartels and advocating in different sectors of the economy. In addition, this article analyses the challenges and setbacks that could undermine Peruvian Competition Policy and the main developments that can be expected in the future from the Peruvian Competition Authority.
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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: £76 per issue
£153 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