Expert Guides - Competition and Antitrust

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

Flying high with the French Competition Authority in 2016

Since the new millennium, French rules on competition have gone through three waves of significant reform with the latest – arguably the most significant – dating from just August 2015

11/02/2016 Pierre Kirch, Paul Hastings, France Simon Englebert, Paul Hastings, France

A new era for competition law in the ASEAN region

Little more than 10 years ago, competition law and policy in the 10 countries that comprise the ASEAN region (Singapore, Malaysia, Thailand, Vietnam, Indonesia, Myanmar, Cambodia, Brunei, Lao PDR and the Philippines), was virtually non-existent

11/02/2016 Cavinder Bull SC, Drew & Napier, Singapore Chong Kin Lim, Drew & Napier, Singapore Scott Clements, Drew & Napier, Singapore

Can infringement of competition rules prevent from participating in public procurement tenders?

Both public procurement and competition rules have an intense mutual relationship, however it is not always so clear for companies operating in the market which provide works, supplies or services to public entities.

Undoubtedly, public procurement rules are settled on principles mainly aimed to...

14/10/2015 Eduardo Abril Fernández, MVA ASOCIADOS, Spain

Digital Revolution Calls For Regulatory Revolution

On 12 March 2015, the UK media and communications regulator, Ofcom, announced an overarching strategic review of the digital communications market in the UK, both to inform policy in the UK and to help inform future debates at a European level on the wider Framework.¹ The last such review was...

14/10/2015 Tasneem Azad, Alvarez & Marsal, United Kingdom

Recent developments in US competition law

The US Sherman Act (1890), prohibiting "contracts, combinations and conspiracies in restraint of trade," is perhaps the oldest competition statute in the world. Yet, because the act's prohibitions are almost constitutional in dimension, its application constantly evolves and develops through case...

21/04/2015 Charles H Critchlow, Baker McKenzie, US

Taking stock of Almunia’s legacy

With EU Commissioner Almunia's term coming to an end, it is a good time to take stock of what have been the hallmarks of his term. There are a few things that stand out.

In the area of cartels, Almunia has continued with a strong anti-cartel enforcement policy. Very high fines remain a cornerstone...

31/08/2014 Gerwin Van Gerven, Linklaters, Belgium

France: an important legislative and case-law activity

French Competition Law remains subject to important activity, not only in respect of proposed or ongoing legislative reforms but also regarding case law. However, various implementation issues are still unresolved.

Pursuit of reforms:

Several reform proposals have recently been made in France....

15/01/2014 Joseph Vogel, Vogel & Vogel, France Louis Vogel, Vogel & Vogel, France

Ukrainian merger control laws to become more sophisticated in 2014?

Historical background

Over the past two decades the formation of Ukrainian merger control laws has been inspired by the EU merger regime. However, many observers contend that Ukraine applies low financial thresholds that trigger notification of transactions with no possible competitive effect on...

15/01/2014 Vladimir Sayenko, Sayenko Kharenko, Ukraine

Competition and antitrust: Merger guidelines

National laws enacted to limit the creation of monopoly power or to curb abuses of such power experienced a modern genesis with the US Sherman Act in 1890 and spread to most of the world's leading nations during the decades following World War II. In the United States, "antitrust" is used to...

15/01/2014 Frederic M Scherer, Harvard University Law School, US

“Don’t confuse me with the facts: the unwholesome by object weed”

Young lawyers used to learn that there were three elements that collectively contributed to the establishment of an infringement of Article 85(1) of the Treaty of Rome (now rebranded 101 (1) TFEU): an agreement or concerted practice between separate entities, an appreciable restriction of...

15/01/2014 Ian S Forrester QC, White & Case, Belgium

Singapore cartels enforcement and leniency: What you should know

Introduction

Competition law in Singapore is governed by the Singapore Competition Act (Cap 50B) (the "Act"), and is enforced by the Competition Commission of Singapore ("CCS").

Cartel activities, such as price-fixing, bid-rigging, market-sharing, etc. between competitors, are prohibited by Section...

15/01/2014 Cavinder Bull SC, Drew & Napier, Singapore Ee Kia Ng, Drew & Napier, Singapore Lim Chong Kin, Drew & Napier, Singapore

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Competition and Antitrust

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

The New Era of the Mexican Antitrust Legal System

Background

Damages to Public Agencies for Anticompetitive Conducts

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

Introduction

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

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

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

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

The Italian Competition Authority fining policy: QUO VADIS?

Flying high with the French Competition Authority in 2016

A new era for competition law in the ASEAN region

Can infringement of competition rules prevent from participating in public procurement tenders?

Digital Revolution Calls For Regulatory Revolution

Recent developments in US competition law

Taking stock of Almunia’s legacy

France: an important legislative and case-law activity

Pursuit of reforms:

Ukrainian merger control laws to become more sophisticated in 2014?

Historical background

Competition and antitrust: Merger guidelines

“Don’t confuse me with the facts: the unwholesome by object weed”

Singapore cartels enforcement and leniency: What you should know

Introduction

Q&A with Seong Un Yun

Q&A with Jean Meijier

Q&A with Elsa Chen

Q&A with Brain Facey

Q&A with Barbara Rosenberg

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