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The IBA’s response to the situation in Ukraine
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.
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.
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;
The IBA Cartels Working Group has 16 members representing a large number of jurisdictions covering Europe, Asia, Australia, Africa and the Americas. The Group includes several former senior antitrust officials and a former competition commissioner, private practitioners in leading law firms, and in-house competition counsel.
The Group follows cartel developments around the world and provides input and comments on various consultations on proposed new and reformed legislation to which the IBA’s international perspective and the members' collective expertise and experience can bring significant added value. The Group is also active in other aspects of the IBA’s work including in cartel policy issues more generally, as well as in monitoring developments and assisting with organising conferences.
Co-Chairs: Elizabeth Prewitt, Latham & Watkins, USA; Marcio Soares, Mattos Filho, Brazil
Members: Abdullah Hussain, Luthra & Luthra, India; Carlos Mena Labarthe, Creel, Mexico; Deirdre Taylor, Gisbson Dunn, UK; Emma Hopkinson, Direct Line, UK; Eric Meiring, Winston & Strawn, USA; Evelyn Niitavaeli, RCCA, Germany; Heather Irvine, Bowmans, South Africa; Howard Feller, McGuire Woods, USA; Hyun Ah Kim, Shin & Kim, South Korea; Juan Cristóbal Gumucio, Cariola, Chile; Kevin Coates, Covington & Burling, EU/UK; Melanie Aitken, Bennett Jones, Canada; Nicolas Birkhäuser, Niederer Kraft & Frey, Switzerland; Peter Wang, Jones Day, China; Sabrina Borocci, Hogan Lovells, Italy/USA; Scott Hammond, Gibson Dunn, USA; Vivian Fraga, Tozzini Freire, Brazil; Yoshi Ikeda, Ikeda & someya, Japan
The IBA Antitrust Litigation Working Group has 15 members representing a large number of jurisdictions covering Europe, Asia, Australia, Africa and the Americas. The Group includes private practitioners in leading law firms who represent both claimants and defendants in antitrust litigation. The Group follows antitrust litigation developments in different jurisdictions across the world and provides input and comments on various consultations on proposed new and reformed legislation to which the IBA’s international perspective and the members' collective expertise and experience can bring significant added value. The Group is also active in monitoring developments and considering cross-border issues in antitrust litigation.
Co-Chairs: Anna Morfey, Hausfield, UK; Elizabeth Richmond, Clayton, Australia
Members: Akira Inoue, Baker & McKenzie, Japan; Chris Naudie, Osler, Hoskin & Harcourt, Canada; Christof Swaak, Stibbe, Netherlands; Erik Bertelsen, Kromann Reumert, Denmark; Hagai Doron, S Horowitz & Co, Israel; Hans Bousie, Bureau Brandeis, Netherlands; Jérémie Jourdan, White & Case, Belgium/France; Karen Ruback, Grinberg Cordovil, Brazil; Manas Kumar Chaudhuri, Khaitan & Co, India; Peta Stevenson, King & Wood Mallesons, Australia; Rosie Ioannou, Vannin Capital, UK; Sam Ward, Clifford Chance, UK; Seong Un Yun, Bae Kim & Lee, South Korea; Susan Ning, King & Wood Mallesons, China; Thorsten Mäger, Hengeler Mueller, Germany; Attila Komives, Allen & Overy, Hungary
The IBA Mergers Working Group has 15 members representing a large number of jurisdictions covering Europe, Asia, Australia, Africa and the Americas. The Group includes private practitioners in leading law firms and in-house counsel. The Group follows merger control developments in different jurisdictions across the world covering procedural, jurisdictional and substantive issues. With the proliferation of merger control regimes around the world there is a large number of new jurisdictions establishing guidelines for merger control and established authorities continually try to improve their legislative framework and guidelines and issue calls for input to consultations. The Group provides input and comments on various consultations on proposed new and reformed legislation to which the IBA’s international perspective and the members' collective expertise and experience can bring significant added value.
Co-Chairs: Neil Campbell, McMillan, Canada; Alastair Mordaunt, Freshfields, Hong Kong
Members: Amilcar Hamilton, McDermott Will & Emery, Belgium; Benedict Bleicher, Rio Tinto, UK; Cecil Saehoon Chung, Yulchon, Korea; Christian Steinle, Gleiss Lutz, Germany; David Mamane, Schellenberg Wittmer, Switzerland; Didier Théophile, Darrois Villey Maillot Brochier (AARPI), France; Gavin Bushell, Baker & McKenzie, Belgium; Gonenc Gukaynak, ELIG, Turkey; Jean Meijer, Herbert Smith Freehills, South Africa; Jürgen Schindler, Allen & Overy, Belgium; Logan Breed, Hogan Lovells, USA; Michael Han, Fangda Partners, China; Niko Hukkinen, Roschier, Finland; Paku Khan, Khaitan, India; Paul Schoff, Minter Ellison, Australia; Sonia Pfaffenroth, Arnold & Porter, USA; Cristianne Saccab Zarzur, Pinheiro Neto, Brazil;
Co-Chairs: Andrea Hamilton, McDermott Will & Emery, Belgium; Chris Charter, Cliffe Dekker Hofmeyr, South Africa; Hans Bousie, Bureau Brandeis, NetherlandsSee all Working Group submissions
The Ad Hoc Sustainability Working Group has members in both private-practice and in-house roles in a range of jurisdictions. The Group draws on different disciplines of competition law and reflects on how competition laws and sustainability policies work together across the globe. Changing consumer attitudes and geo-political trends continue to push companies to adopt sustainability goals and build sustainability considerations into commercial decisions. The Group follows these developments around the world and provides input and comments on consultations and proposals relating to competition and sustainability laws, considering how existing competition frameworks might apply in the context of sustainability initiatives.
Co-Chairs: Joanna Goyder, Freshfields Bruckhaus Deringer, Brussels; Grant Murray, Baker McKenzie, London
Members: Daniel Oliveria Andreoil, Demarest, Sao Paulo; Logan Breed, Hogan Lovells, Washington DC; Susanne Bullock, Gibson Dunn, London; Neil Campbell, McMillan, Toronto; Johannes Hertfelder, Gleiss Lutz, Stuttgart; Gwyneth Hodson, Unilever, London; Nick Peristerakis, Linklaters, Brussels; Anna Wolf-Posch, Cerha Hempel, Austria
Report on the 25th Annual Competition Conference
Released on Apr 13, 2022
A message from the Co-Chairs of the Antitrust Section, July 2021.
Released on Jul 28, 2021
Daniel G Swanson and Thomas Janssens provide a Co-Chairs' Note for the Antitrust Committee, February 2020.
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.
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.
The pandemic caused by Covid-19 has also affected the antitrust universe. In a way never imagined, in a very short period of time, the authorities have had to adapt themselves to a new world in which lawyers, economists and companies work from home, face-to-face meetings are not possible and resources are limited.
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
Published in September 2022 by Concurrences
The prohibition on exchanging commercially sensitive information among competitors is one of the most fundamental antitrust rules. Companies and individuals may face potential exposure for anticompetitive information exchange, not only in their day-to-day business due to the applicable conduct and behavioral rules, but also in the context of M&A deals due to applicable gun jumping regulations. The Cartels Working Group of the Antitrust Section of the International Bar Association has formulated a comparative guide across 28 jurisdictions, encompassing all global regions, to provide a compendium of best practices and key insights about leading cases, laws and regulations, as well as enforcement trends. Contributed by distinguished practitioners, each chapter provides an overview of the national competition rules and principles that guide information sharing in that jurisdiction, followed by the types of information sharing that may be caught, the enforcement policies and practices of the competition authority and applicable sanctions for parties that are found guilty of an illegal exchange of information. The book also provides a high level overview by the editors outlining trends observed across jurisdictions, to provide insight to the international business community, their advisors as well as to competition authorities.
The jurisdictions covered include Argentina, Australia, Brazil, Canada, Chile, China, Colombia, European Union, Finland, France, Germany, India, Israel, Italy, Japan, Mexico, Russia, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, The Netherlands, Turkey, Ukraine, United Kingdom, and the United States.
There’s a 10% discount off for IBA members from 9.9.22 until 9.2.23. Use the code "IBA10" at the checkout.