Expert Guides - Competition and Antitrust

Practical Tips on Arbitrating Intellectual Property Disputes

While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (“IPR”) to arbitration, especially in cases where there is a cross border element

20/09/2018 James Kwan, Hogan Lovells, Hong Kong James Ng, Hogan Lovells, Hong Kong Brigitte Kiu, Hogan Lovells, Hong Kong

The Standard of Proof in Concerted Practices Redefined - Turkish Competition Authority's USD 4.5 Million Fine Annulled by the Administrative Court

The Turkish Competition Authority ("TCA") had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period starting...

06/03/2018 Bahadir Balki, ACTECON, Turkey

Korea Fair Trade Commission’s Right Balance in Regulating SEPs and De facto SEPs

The Korean Monopoly Regulation and Fair Trade Act (“MRFTA”) stipulates that the justifiable exercise of intellectual property rights (“IPRs”) is exempt from the application of the MRFTA

23/01/2018 Paul S Rhee, Yoon & Yang, South Korea Sinsung (Sean) Yun, Yoon & Yang, South Korea Maewha CHOI, Yoon & Yang, South Korea

Risk, uncertainty and innovation

Some countries such as China and the USA have multiple, competing incubators

23/01/2018 Serdar Dalkir, CRETC, US

Developments in US Competition Law

With the election of a Republican President and the continued Republican majority in Congress, it would be expected that US competition enforcement would become somewhat less interventionist and more business friendly

23/01/2018 Charles H Critchlow, Baker McKenzie, US

South Africa releases Competition Amendment Bill

On 1 December 2017, the South African Minister of Economic Development, Ebrahim Patel, published Government Notice no. 41294, which announced the release of the Competition Amendment Bill, 2017 (the “Competition Bill”) for public comment

23/01/2018 Mark Garden, ENSafrica, South Africa Jocelyn Katz, ENSafrica, South Africa

Criminal sanctions for cartel conduct in Mexico: The challenges of criminal prosecution

Mexico is now part of the countries where criminal prosecution for individuals involved in cartel activities2 is a reality

23/01/2018 Carlos Mena Labarthe, Creel García-Cuéllar Aiza y Enríquez, Mexico Sebastián Martínez Pastrana, Creel García-Cuéllar Aiza y Enríquez, Mexico

Private Antitrust Enforcement in Brazil

The private antitrust enforcement in Brazil is still incipient

23/01/2018 Patricia Agra Araujo, L. O. Baptista Advogados, Brazil

The coordinated effects under the merger control regime in Brazil

The analysis of coordinated effects in merger control is definitely a topic that has gained a prominent position on the agenda of the Administrative Council of Economic Defense (CADE), the Brazilian antitrust authority, in 2017

23/01/2018 Rodrigo M Carneiro de Oliveira, Pinheiro Neto Advogados, Brazil Luís Henrique Perroni Fernandes, Pinheiro Neto Advogados, Brazil

Antitrust remedy or Christmas bonus?

It has, without a doubt, been the antitrust case to watch over the last seven years: the European Commission’s antitrust investigation of Google’s Shopping service

23/01/2018 Tim Cowen, Preiskel & Co, United Kingdom

Competition in Ukraine: Feel the 2017 progress

Ukrainian competition laws and regulatory practice continue to go through the active reform phase and 2017 turned out to be just as busy as 2016, primarily in the sphere of merger control reform

23/01/2018 Vladimir Sayenko, Sayenko Kharenko, Ukraine Valentyna Hvozd, Sayenko Kharenko, Ukraine

Recent Developments in Turkish Competition Law

Monitoring legislations, practices, policies and measures of other countries concerning agreements and decisions limiting competition

23/01/2018 Gönenç Gürkaynak, ELIG Gürkaynak Attorneys-at-Law, Turkey

Past challenges and future changes for the Spanish Competition Authority

In recent years the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) has faced a number of challenges, including the aftermath of a key Court decision in 2015 overturning its fine guidelines and rumours since early 2016 of plans...

23/01/2018 Andrew Ward, Cuatrecasas, Spain Laura Pinilla, Cuatrecasas, Spain

Serbia – modernizing the legal framework

Competition and anti-trust rules in Serbia are in definite need of overhaul due to numerous issues arising in practice of the Commission for Protection of Competition (the Commission)

23/01/2018 Uros Popovic, Bojovic & Partners, Serbia

Taking no prisoners? Key milestones in the history of Irish enforcement action against cartels

Although Ireland first criminalised cartels in 1996, their detection was initially ineffective

23/01/2018 Cormac Little, William Fry, Ireland

E-commerce and competition law: common competition issues faced by e-commerce businesses

Recognising that e-commerce is a critical part of the internationalisation strategy for Singapore businesses, the Competition Commission of Singapore (“CCS”) commissioned two market studies in 2015 and 2017 into the effects of e-commerce and its implications on competition law and policy in...

23/01/2018 Chong Kin Lim, Drew & Napier, Singapore

O’Bannon v NCAA: Reducing the rule of reason analysis to quantitative and commercial benefits

In O’Bannon v NCAA, the Ninth Circuit reviewed the National Collegiate Athletic Association’s rules relating to student-athletes’ scholarships and compensation

11/02/2016 William H Rooney, Willkie Farr & Gallagher, US Jennifer C Guest, Willkie Farr & Gallagher, US Timothy G Fleming, Willkie Farr & Gallagher, US

The New Era of the Mexican Antitrust Legal System

It does not matter the size or line of business of your company, the new antitrust system is something you should take into consideration when doing business in Mexico.

Background

On December 2, 2012 the "Pacto for México" (political agreement among the three main political forces) to achieve the...

11/02/2016 Luis Alberto Aziz Checa, SAI Consultores, Mexico Ismael Henestrosa, Aziz & Kaye, Mexico

Damages to Public Agencies for Anticompetitive Conducts

Which are the damages that public agencies suffer as a consequence of bid rigging? Colombia's Competition Authority (Superintendence of Industry and Commerce: Miguel de Quinto; 2012) and the different competition authorities around the world have identified the damages with the extra-cost generated...

11/02/2016 Emilio José Archila Peñalosa, Archila Abogados, Colombia Camilo Pabón-Almanza, Archila Abogados, Colombia

A Necessary Reform... But Partially Missing Its Target? On the Chilean Competition Law Reform

Introduction

Chilean society has had a rough couple of years when it comes to white-collar crimes. Cartels in sensitive markets, like pharmacies and poultry producers; illegal financing of politicians; the frequent use of privileged information in our stock exchange market; grave environmental...

11/02/2016 Ricardo Riesco Eyzaguirre, Philippi Prietocarrizosa &Uría , Chile Álvaro Espinosa, Philippi Prietocarrizosa Ferrero DU & & Uría, Chile

Bad Documents under an antitrust perspective in Brazil – Consequences and how to avoid their creation

The competition law (Law 12529/2011), in effect since May 29, 2012, brought about profound changes in the Brazilian competition system, particularly in merger control cases. These changes comprise the structural reform in Brazil's competition authority (the Administrative Council for Economic...

11/02/2016 Lilian Barreira, Pinheiro Neto Advogados, Brazil Leda Batista, Lino Beraldi Belluzzo e Caminati Advogados, Brazil Cristianne Zarzur, Pinheiro Neto Advogados, Brazil

Abuse of dominant position – What’s new in Brazil?

The Brazilian Competition Authority, CADE, has been quite active not only in reviewing mergers, acquisitions and joint-ventures and in battling against cartel behavior, but also in cracking down on illegal unilateral conducts by companies with market power. Given the importance for Brazilian and...

11/02/2016 Leonardo Peres da Rocha e Silva, Pinheiro Neto Advogados, Brazil

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

CDC Hydrogen Peroxide: Jurisdiction in follow-on Damages Claims The European Court of Justice ("ECJ") has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of the...

11/02/2016 Tatiana Siakka, K&L Gates, United Kingdom

Same rules but different outcome – price parity clauses under EU competition law

The Swedish Competition Authority (“SCA”) has under the coordination of the Commission, and in cooperation with other national Competition Authorities within the EU, among others the Italian Autorità Garante della Concorrenza e del Mercato, the French Autorité de la concurrence and the German...

11/02/2016 Peter Forsberg, Hannes Snellman, Sweden Xandra Carlsson, Hannes Snellman, Sweden

The Italian Competition Authority fining policy: QUO VADIS?

Until recently, Italy was one of the jurisdictions in which antitrust violations tended to attract relatively low fines

11/02/2016 Denis Fosselard, Ashurst, Italy

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