Co-Chair
Thomas Janssens

Co-Chair
Daniel Swanson

Antitrust Section

Welcome to the Antitrust Section online

Here you will find information, updates, news and other resources relevant to your section.

About the Section

The Antitrust Section provides an international forum for thought leadership with respect to antitrust law developments and the profession through submissions to competition agencies, training programs/missions, developing the law through our conferences, publications, and interaction with antitrust enforcement authorities and the profession.

In addition, there is a strong commitment to bring together international practitioners to facilitate closer working relationships. The Section is increasingly relied upon by government officials and members of the private sector for its expertise and practical input into antitrust developments, including through its Working Group submissions.

Forthcoming conferences and webinars View all conferences and webinars

Working Groups and policy submissions

The Antitrust Section has formed a number of working groups to study major international competition policy issues and to submit comments to regulators on proposed new and reformed legislation.

The IBA Unilateral Conduct and Behavioural Issues Working Group has 15 members representing a large number of jurisdictions covering Europe, Asia, Australia, Africa and the Americas. The Group is responsible for monitoring and commenting on a range of competition issues that arise, inter alia, from unilateral conduct and abuse of dominance or misuse of market power as well as cooperative/horizontal (non-cartel) and vertical agreements.

It aims to encourage best practice in the ongoing development of international laws in these areas by commenting on consultations on proposed new and reformed legislation. This includes reviewing and commenting on proposed new legislation and legislative changes; engaging in discussions about the nature of conduct that should be proscribed by competition law; reviewing and commenting on regulatory responses to anti-competitive conduct including investigations and prosecutions; and commenting on guidelines associated with compliance initiatives designed to raise awareness of competition issues in relation to unilateral conduct, cooperative agreements and vertical agreements.

Working Group members

Co-Chairs: Chris Charter, Cliffe Dekker, South Africa; Andrew Ward, Cuatrecasas, Spain
Members: Anna Wolf-Posch, CHSH, Austria; Bora Ikiler, BASEAK, Turkey; Daniel Shiau, Allen & Gledhill, Singapore; Dimitris Loukas, Potamitis, Greece and EU; Joanna Goyder, Freshfields, Belgium; Katrin Schallenberg, Clifford Chance, France; Kenji Ito, Mori Hamada & Matsumoto, Japan; Lauren Battaglia, Hogan Lovells, USA, Nick Peristerakis, Linklaters, Greece and EU; Nisha Uberol, Trilegal, India; Omar Wakil, Torys, Canada; Petra Linsmeier, Gleiss Lutz, Germany; Sergio Sorinas, Herbert Smith Freehills, France; Zoltan Marosi, Oppenheim Legal, Hungary; Andy Mathews, Mathews Law, New Zealand;

See all Working Group submissions
See all Working Group submissions
Co-Chairs' note - February 2020

Daniel G Swanson and Thomas Janssens provide a Co-Chairs' Note for the Antitrust Committee, February 2020.

Irish Supreme Court confirms witnesses must speak up about cartels or risk prosecution

There has been a longstanding question over the constitutionality of the crime (under Irish law) of withholding from the Gardaí (Irish police), without reasonable excuse, any information which a person has about a criminal cartel and knows might materially assist in preventing, apprehending, prosecuting or convicting that cartel.

Canada: competition update

Peter Flynn and Victoria Turner report on a few significant developments in Canadian competition law, including: the Competition Tribunal’s decision in the Vancouver Airport Authority case; a public call-out for information by the Bureau regarding anti-competitive conduct in the digital economy; and significant policy developments and international cooperation at the Bureau.

China: new framework for resale price maintenance analysis

In the last week of June 2019, a copy of a ground-breaking court ruling emerged on social media in China: the order by the Supreme People's Court in the case between Yutai Technology Feed and the Hainan Price Bureau. The order provides a direct answer to the question of whether or not the Chinese antitrust authorities bear the burden of proving the anti-competitive effects of companies' resale price maintenance conduct. China's highest court found that they do not.

New Zealand: Antitrust update, January 2020

At the end of 2019, the New Zealand Commerce Commission released two documents which provide interesting insights into its activities and the state of competition in New Zealand: a Complaints Snapshot and its Annual Review. The Commission also recently concluded its first market study, the results of which reflect the Commission’s ongoing focus on vertical competition issues.

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.

The latest issue of Competition Law International is now available for members of the Antitrust Section to access online.

Scholarships

This year the sections and committees of the IBA's Legal Practice Division are once again offering scholarships to young lawyers who wish to participate in the IBA Annual Conference. Read more