Competition Law International (CLI)

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.

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

More:

• ISSN 1817 5708
• Vol 13, Iss 1-2
• £83.50 per issue

SUBSCRIBE and save - two print issues for £155 per year

The IBA hosted a live webcast and Q&A with Cyril Shroff, Managing Partner at one of India’s leading law firms, Amarchand & Mangaldas & Suresh A Shroff & Co (AMSS) in Mumbai.

In this excerpt he discusses competition law jurisprudence in India, its relationship to M&A and cartels, Indian regulators, and international implications.

During the webcast, he discussed various topics in addition to competition law in India, including the Indian economy, and the legal profession in India. Read more/watch full webcast

Latest Issue - Vol 13 No 1 – April 2017

Interviewed by Michael Reynolds

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Recently, a number of cleared mergers have resulted in the concentration of massive data sets that contain private information about consumers, known as big data. Added to these concentrations is the trending phenomenon of Artificial Intelligence which, by using big data, makes possible an algorithm-driven economy that perfectly discriminates between consumers in circumstances where big data is available to only one side of the transaction. The issues arising from these developments can remain abstract and unimportant until people are themselves directly affected. In order to address this, enforcers need to act now and take a long-term approach to assessing the impact on aggregate consumer welfare of collusion, abuse of dominance, and mergers that result in the concentration of big data.

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European antitrust authorities are increasingly focused on antitrust issues raised by the collection and use of big data. This article examines the theories of harm raised by European authorities from the perspective of different types of big data and concludes that authorities’ focus on whether datasets are ‘unique’ or ‘non-replicable’ is too simplistic. It highlights that antitrust issues are most likely to arise when companies collect data on third parties and seek to leverage those data in multiple markets and emphasizes that an analysis of these issues is important to prevent overly broad regulation that may chill investment and innovation.

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This article’s objective is to introduce the major aspects of the People’s Republic of China (PRC) cybersecurity law that warrant attention for network operators in PRC, that is, the establishment of a cybersecurity standard system and graded protection system, mandatory security certification and testing requirement for certain equipment and products, heightened protection for personal information and the concept of key information infrastructure. As the cybersecurity law is rather general and does not provide enough details about its implementation at the current stage, this article also turns to existing regulations on network security, which can shed some light on the future implementation of the cybersecurity law.

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Managing the antitrust risks related to the exchange of commercially sensitive information during the due diligence process has become an essential element of planning for M&A transactions. These issues become even more complicated in international transactions. Despite the differences in legal regimes across jurisdictions, the concept of commercially sensitive information is fairly universal and its exchange tends to be scrutinised and potentially restricted under competition laws worldwide. The challenge for antitrust practitioners is to design measures that are rigorous enough to mitigate those competition law risks, yet remain compatible with the parties’ expectations, allowing them to exchange the information necessary to evaluate and implement the transaction. This article focuses on the approaches in the European Union and the United States as benchmark jurisdictions, and on Mexico, where the competition authority recently issued guidelines to assess M&A information exchanges. It also includes suggested guidance to reduce the antitrust risks of the due diligence process.

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The main objective of this article is to discuss the current approach adopted by the competition law authorities and relevant courts on the liability of service providers, such as independent consultants or data processors, in cases involving cartels. The question of service providers’ liability was first addressed by the European Commission in Italian Cast Glass, and later in other decisions, as well as the appellant courts. This article will focus on the recent decisions of the European Commission and judgments of the EU courts. Most importantly, the 2008 judgment of the General Court of the European Union in AC-Treuhand I is considered to have set the standard for deciding when a service provider, who is not active in the market affected by the cartel, is liable for cartel activity. Reaffirming this position, in 2015, the Court of Justice in AC-Treuhand II held a service provider to be a cartelist despite the thought-provoking opinion of the Advocate General Wahl to the contrary. In the conclusion, the article will address the arguments against holding the service provider liable and will question whether the limits established in case law provide sufficient legal certainty on the liability of service providers.

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How to order

Issues of Competition Law International and individual articles are available in the IBA shop.

The journal is also available by subscription.

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