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China: Protection of intellectual property rights and anti-monopoly enforcement under the unified market regulationYour search returned 140 results Review International
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Reforming the market regulation mechanism and implementing unified market regulation are the key links to the establishment of a modern market system that is unified, open with orderly competition. Accompanied with the foundation of the State Administration for Market Regulation, both China’s (...)
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Lithuania: Transposition of the ECN+ Directive in comparative perspectiveTransposition of Directive (EU) 2019/1 of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers (simply called “ECN+ Directive”) will have the most significant impact on uniform application of the EU antitrust rules since Regulation (EC) No. (...) -
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Croatia: Topical issues in the current competition lawThis paper discusses current developments in competition law in Croatia by reviewing some of the most relevant issues in these unprecedented times. One of them concerns the recent decisions of the Croatian Constitutional Court by which several judgments of the Administrative Court were quashed. (...) -
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India: Supreme Court on competition law - Decisions that shaped the decadeThe evolution and journey of competition law jurisprudence in India has been extremely dynamic and exciting. The Competition Act, 2002 was implemented in a phased manner and the Hon’ble Supreme Court of India over the last decade has laid down landmark judgements across a wide spectrum of (...) -
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China: Conglomerate mergers are facing heightened scrutinyFor the past three years (2017–2020), it appears that conglomerate mergers were under more scrutiny in China than in the European Union (“EU”) or the United States (“U.S.”). This article mainly examines five mergers—namely, HP/Samsung, Essilor/Luxottica, KLA/Orbotech, Infineon/Cypress and (...) -
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USA: Does a federal price gouging law even make sense—and, if so, what should it look like?As COVID-19 continues to impact communities across the United States—causing many state and local authorities to extend (or reinstate) emergency orders and other state-specific pricing restrictions—the idea of federal price gouging legislation has become a hot topic of conversation in the U.S. (...) -
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Chile: A hybrid competition law and policy modelThis article presents a brief overview of the Chilean competition law and policy and analyses its current state of enforcement. We argue that the Chilean system is a mix between the United States and European Union competition regimes. It relies on decisions by a specialized competition (...) -
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USA: We’ve seen enough – It is time to abandon Amex and start over on two-sided marketsWhen a U.S. district court recently applied the U.S. Supreme Court’s Ohio v. American Express (“Amex”) opinion to an antitrust merger challenge in the airfare distribution industry, the analysis led to the absurd conclusion that market definition requires courts to ignore existing competition. The (...) -
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USA: Is the wind really turning? Towards an overhaul of US antitrust through compliance programs and deferred prosecution agreements’Does the Flap of a Butterfly’s Wings in Brazil Set off a Tornado in Texas?’ Predictability is a central issue for the risk practitioner. In this study, it will be highlighted that the flapping of the wings of a division of the US Department of Justice can have important consequences for the (...) -
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Africa: Harmonising competition policy under the AfCFTAThis article examines the process of harmonisation of competition law and policy in Africa in the context of economic integration under the African Continental Free Trade Agreement (AfCFTA). The article undertakes a comparative examination of the various stages of development of domestic (...) -
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Japan: Shrinking market doctrine for aging stagnant economies? The JFTC 2019 revision of merger guidelinesWhile Japan is aging rapidly and the local communities in rural areas are struggling to maintain their essential societal function, the Japan Fair Trade Commission (JFTC) has revised the merger guidelines to allow for mergers that create a monopoly. Under the new approach, which the author (...) -
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India: Trends and evolution in bid-rigging cartelsCartels have been at the forefront of the Competition Commission of India’s (CCI) enforcement regime. This article assesses the elements of bid rigging cartels, constituents that create a case for bid rigging, the CCI’s approach in India based on the standard of proof adopted and evidentiary (...) -
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OECD: Second Competition Open Day (Paris, 26 February 2020)At the Second OECD Competition Open Day, the OECD launched the first edition of the OECD Competition Trends which provides unique insights into global competition trends based on analysis of data from more than 50 OECD and non-OECD jurisdictions. Sessions discussed competition in the digital (...) -
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Belgium: The new Book IV of the Code of Economic Law – Dotting the i’s and crossing the t’s in competition law rulesAn Act of 2 May 2019 replaced the entire Book IV of the Code of Economic Law containing the Belgian rules of competition law. Nevertheless, content-wise, the changes are rather limited. The most important changes concern the confidentiality of documents, the improvement of the position of the (...) -
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EU: The criminalisation of competition law breaches - Another attempt to square the circle?This article explores the mechanisms that some Member States of the European Union have put in place to criminalise the enforcement of competition law. It highlights the rationale behind the criminalisation of competition law breaches in those few European countries that have chosen to (...) -
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Poland: Regulation on unfair contractual practices in the food retail sector – An answer to inefficient private enforcement or an example of good regulation?The article focuses on relatively new law in Poland aimed at elimination of unfair commercial practices in relations between undertakings in the agricultural and food products supply chain, thus at protection of weaker players - farmers and small suppliers. The Act on counteracting the unfair (...) -
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Serbia: Reflections on the new State aid regimeOn October 10, 2019, Serbian parliamentarians have voted in favour of adopting the new State Aid Control Act. In the past ten years, the enforcement activity in the field of State aid in Serbia has been somewhat subpar. The legal community still awaits the first decision of the State aid (...) -
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Netherlands: Recent developments in cartel damages actions – A roadmap for effective compensationOver the last decade, the Netherlands have become one of the preferred forums for private enforcement in the European Union. A large number of cartel damages cases have been brought before the Dutch courts, often by litigation vehicles or a multitude of prejudiced parties, which has resulted in (...) -
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Digital antitrust: An emerging consensus?An increasing number of jurisdictions are considering adjustments to their competition policy framework to reflect the unique challenges of digitalisation. Indeed, several studies have been formally commissioned on the subject. While their legal context, focus and findings vary significantly; (...) -
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Brexit: Balancing UK and EU merger controlThe merger control regime in the United Kingdom (UK) and at the European level is increasingly under the spotlight. In the UK, a key factor is the UK’s exit from the European Union (Brexit), where, as a consequence, the UK is likely to lose the benefit of the “one-stop shop” under the EU Merger (...) -
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Singapore: Grab/Uber merger – Observations from the CCCS’s first interim measures directions and merger infringement decisionsIn September 2018, the CCCS (Competition and Consumer Commission of Singapore) issued its infringement decision on the merger between Grab and Uber, the first merger infringement decision issued by the authority since the prohibition came into force in July 2007. This was also the first case in (...) -
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Brazil: Compliance programs and abuse of dominance practices under Brazilian competition law – A roadmap for compliance monitorsThe Brazilian antitrust authority (Portuguese acronym CADE) has been following a worldwide trend in encouraging the adoption of competition law compliance programs. Nevertheless, one can see an apparent policy gap in the current optimal incentives for compliance program adoption in antitrust (...) -
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UK: Why not call a margin squeeze a margin squeeze?At the end of October 2018, Ofcom issued its first abuse of dominance infringement decision and fine under the Competition Act 1998 against Royal Mail. Perhaps surprisingly, Ofcom did not examine the behaviour as either a margin squeeze or a refusal to supply, the types of cases one would (...) -
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Poland: Enforcement of vertical restraints in Poland - Practitioner’s insightThe article discusses the law and the decisional as well as judicial practice in the area of Polish competition law related to the vertical agreements. The paper puts the issue in the perspective of the overall activity of the Polish NCA and presents a close-up to the vertical restrains. It (...) -
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French Polynesia: Revision of the competition code - Towards a better inclusion of the economic analysisThe French Polynesian Competition Code was recently modified by a law promulgated on August 2018. Using results from a conference held at the University of French Polynesia, this law introduces some important amendments in the French Polynesian competition law and its enforcement procedures. (...) -
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USA/EU: The convergence and specifics of EU competition law and American antitrust law regarding the prohibition of price scissors as constitutive of abuse of dominanceIn this paper, the author reports on how the European and American Competition Authorities apprehend margin squeeze, viz. the fact for dominant undertakings operating simultaneously as vertically-integrated entities and as downstream market participants to increase wholesale prices by reducing (...) -
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South Africa: Competition Amendment Act - A risk or a boon for South Africa’s economy?The South African Competition Amendment Act introduces significant changes to redress excessive concentration of ownership and promote the participation of small and medium businesses, and firms controlled by historically disadvantaged persons. The objective of creating a more inclusive economy (...) -
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Peru: Competition law enforcement - Reaching maturityThis article describes the most recent changes and trends in Peru’s competition law enforcement. After presenting an overview of Peru’s competition law and policy, the author depicts the evolution of Indecopi (Peru’s competition authority) in its fight against horizontal collusion and shows (...) -
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India: Remedies in merger casesNo notified combination has to date been prohibited by the Competition Commission of India (CCI). However, the clearance of some 30 combinations has been subject to the parties implementing structural or non-structural (behavioural) remedies. This article outlines the sometimes innovative (...) -
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Turkey: Innovation-based analysis of mergersInnovation can either be viewed by the competition authorities as a parameter that should be protected from the potential negative effects of a transaction, or it can be utilized by the merging parties as part of a defense argument to set off against or abate the anti-competitive concerns (...) -
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Abuse of dominance and big tech: An Apple Store case after the Google Android case?For the second year in a row, the European Commission has fined Google for abuse of dominance. In the Android case, the company was sentenced for imposing contractual restrictions that stifled competition on the market. This Android case is very similar to the Apple Store case currently pending (...) -
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Turkey: Dynamic efficiency considerations in merger control analysesThe final destination and the ultimate goal that we put forth in our article is that the Turkish Competition Board should include innovation considerations in its merger control analyses by employing dynamic tools. Accordingly, we contend that the Turkish Competition Board should “set its course (...) -
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UK: Brexit - The need for a special approach to EU mergersThe United Kingdom (UK) is expected to leave the European Union (EU) in the near future. When it does so, mergers affecting both the EU and the UK will lose the benefit of the “one stop shop” under the EU Merger Regulation (EUMR) and the European Commission (the Commission) will have no right or (...) -
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India: Cartel enforcement – The past, the present and the futureThis article provides a primer on the latest trends and developments dealing with cartel enforcement and regulation in India. The article will cover the legislative provision in India regulating cartels, case law developments and future trends based on the current enforcement trends. I. (...) -
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Brazil: Common ownership by institutional investors and its impact on competitionBrazilian capital markets have experienced a significant increase in the engagement of institutional investors (including investment funds), despite the fact intertwined companies or those with family control are still dominant in the country. In this sense, one must question whether (...) -
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Poland: Public interest and a place for non-competition considerations in Polish competition lawThe article attempts to answer the question: to what extent can non-competition considerations play a role in the application of Polish competition law? Background analysis of EU competition law is also provided. Attention is focused on the meaning of ‘public interest’ invoked in Article 1 of the (...) -
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Germany: The Bundeskartellamt’s new Guidance on Remedies in Merger Control (May 2017)On May 30th, the Bundeskartellamt published its Guidance on Remedies in Merger Control in order to explain the requirements that need to be met for the authority to clear a concentration that would significantly impede effective competition subject to remedies. This article covers the specific (...) -
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China/EU: The gradual evolution of the EU Commission’s merger control decisional practice towards SOEs amidst an increasingly protectionist worldThis article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This article updates the article published by the authors in 2012 on the treatment of Chinese SOEs involved in acquisitions of European companies under the EU (...) -
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China: Ten years of Anti-Monopoly Law - Its review and prospectChina AML was promulgated ten years ago. The prospective of China AML appeared limited but steady progress in competition policy, legal system, enforcement, international cooperation and so on. This essay looked back past decade of China AML and provided some predictions and expectations. 1. (...) -
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Switzerland: Prohibition of parallel imports and market integration - The role of the “effects doctrine” and the development of the substantive lawsPossible effects in Switzerland are sufficient to assert jurisdiction of Switzerland over conduct taking place outside Switzerland. The Supreme Court adopted a broad definition of the territorial scope of the Cartel Act, by not only refusing, but also prohibiting, to consider any level of (...) -
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UK: Role of trustees in the merger control regimeCompetition agencies worldwide appoint monitoring trustees (MTs) when competition concerns arise from a merger. In the UK, it also is quite common to appoint a MT during the CMA’s review process to avoid gun jumping or enable (cross-border) integration. This article compares the role of the MT (...) -
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Brazil: Competition policy five years later - Still in search of better practices?The article proposes the adoption of a "better practices" framework for evaluating public policies and institutions, with a focus on the implementation of competition policy. After identifying central variables directed at that purpose, I turn to the Brazilian case. Brazil invested in a method (...) -
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USA: A quick look at the legal standards for loyalty discountsAt present, in the United States no final word has been spoken as to the law on loyalty discounts. On the one hand, many U.S. courts assess loyalty discounts under the predatory pricing test, which is a defendant-friendly and easy-to-administer test that saves every discount above a certain (...) -
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Germany: Changes made by the Ninth Amendment to the German Act Against Restraints of CompetitionThis article analyses the legal modifications by the ninth amendment to the German Competition Act. Partly, the changes were necessary to transpose European rules on administrative and civil liability. Moreover, the German legislator attunes the competition law to the challenges of the digital (...) -
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Ireland: “Out of step” - Coping with its constitutional concerns about civil finesThe absence of civil fines in Ireland means that it is ‘out of step’ with most other EU Member States. This article explains how the Irish Constitution affects the design of the public enforcement model. It highlights several steps that have been taken by the legislature to strengthen public (...) -
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USA : The role of economic analysis in the assessment of vertical restraintsThis article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Vertical restraints commonly serve as devices to establish property rights to customers generated by costly promotional efforts. In some cases, rights to (...) -
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A British perspective: EU antitrust law and international damages actionsThis article discusses a variety of issues concerning international competition law damages claims which have been considered in cases in England. They include: the problem of mass claims for foreign plaintiffs; the liability of a local subsidiary for infringements by a foreign parent; the (...) -
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Laos: The Lao PDR lays the foundation for its competition regimeOn July 14th, 2015, the Lao People’s Democratic Republic enacted its competition law. The law introduces the basic framework of the competition regime including the standard pillars of competition law (mergers, cartels and abuses of dominant position) as well as unfair trade practices. The (...) -
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China: An overview of intellectual property rights guidelines and global considerations for antitrust practitionersAnti-Monopoly Commission (“AMC”) has charged four Chinese state agencies with developing guidelines on when IPR-related conduct violates China’s Anti-Monopoly Law. So far, two of those agencies—the NDRC, which oversees price-related conduct, and the SAIC, which oversees non-price-related (...) -
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Brexit: Increased scope for intervention in takeovers of UK businesses?This paper discusses the implications of Brexit on the ability of the UK Government to intervene in cross-border mergers to protect domestic ‘strategic interests’ of the kind identified by the Prime Minister in her speech in July (in which she argued that “a proper industrial strategy wouldn’t (...)
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