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1 May 2020
Africa: Harmonising competition policy under the AfCFTA
Kamala Dawar, George Lipimile • N° 2-2020 • pp. 242-250

This 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 (...)
1 May 2020
Japan: Shrinking market doctrine for aging stagnant economies? The JFTC 2019 revision of merger guidelines
Masako Wakui • N° 2-2020

While 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 (...)
1 May 2020
India: Trends and evolution in bid-rigging cartels
Soumya Hariharan, Nandita Sahai, Sakshi Agarwal, Akrathi Shetty • N° 2-2020

Cartels 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 (...)
1 May 2020
OECD: Second Competition Open Day (Paris, 26 February 2020)
Pedro Gonzaga, Lynn Robertson, Ania Thiemann, Cristina Volpin • N° 2-2020

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 (...)
1 Feb 2020
Belgium: The new Book IV of the Code of Economic Law – Dotting the i’s and crossing the t’s in competition law rules
Caroline Cauffman • N° 1-2020

An 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 (...)
1 Feb 2020
EU: The criminalisation of competition law breaches - Another attempt to square the circle?
Kane Abry-Diaw de Baye • N° 1-2020

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 (...)
1 Feb 2020
Poland: Regulation on unfair contractual practices in the food retail sector – An answer to inefficient private enforcement or an example of good regulation?
Joanna Affre, Małgorzata Kozak • N° 1-2020

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 (...)
1 Feb 2020
Serbia: Reflections on the new State aid regime
Dušan Mitrović • N° 1-2020

On 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 (...)
1 Nov 2019
Netherlands: Recent developments in cartel damages actions – A roadmap for effective compensation
Joost A. Möhlmann, Mark R. Fidder, Till Schreiber • N° 4-2019 • pp. 208-218

Over 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 (...)
1 Nov 2019
Digital antitrust: An emerging consensus?
James Mancini • N° 4-2019

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; (...)
1 Nov 2019
Brexit: Balancing UK and EU merger control
Joel Bamford, Aiste Slezeviciute • N° 4-2019

The 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 (...)
1 Sep 2019
Singapore: Grab/Uber merger – Observations from the CCCS’s first interim measures directions and merger infringement decisions
Harikumar Pillay, Lip Hang Poh • N° 3-2019

In 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 (...)
1 Sep 2019
Brazil: Compliance programs and abuse of dominance practices under Brazilian competition law – A roadmap for compliance monitors
Victor Oliveira Fernandes • N° 3-2019 • pp. 216-227

The 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 (...)
1 Sep 2019
UK: Why not call a margin squeeze a margin squeeze?
Pietro Crocioni • N° 3-2019

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 (...)
1 May 2019
Poland: Enforcement of vertical restraints in Poland - Practitioner’s insight
Małgorzata Modzelewska de Raad • N° 2-2019

The 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 (...)
1^er mai 2019
Polynésie française : Révision du code de la concurrence - Vers une meilleure prise en compte de l’analyse économique
Florent Venayre • N° 2-2019

Le code de la concurrence de la Polynésie française a récemment été modifié par une loi promulguée en août 2018. A la suite des résultats d’un colloque organisé à l’Université de la Polynésie française, cette loi introduit d’importantes modifications du droit de la concurrence polynésien et de ses procédures (...)
1 May 2019
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 dominance
Kane Abry-Diaw de Baye • N° 2-2019

In 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 (...)
1 May 2019
South Africa: Competition Amendment Act - A risk or a boon for South Africa’s economy?
Julie Tirtiaux • N° 2-2019 • pp. 214-222

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 (...)
1 Feb 2019
Peru: Competition law enforcement - Reaching maturity
Andres Calderon Lopez • N° 1-2019 • pp. 228-233

This 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 (...)
1 Feb 2019
India: Remedies in merger cases
John Handoll • N° 1-2019

No 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 (...)
1 Feb 2019
Turkey: Innovation-based analysis of mergers
Gönenç Gürkaynak, Naz Topaloglu • N° 1-2019

Innovation 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 (...)
1^er nov. 2018
Abus de position dominante et big tech : une affaire Apple Store après l’affaire Google Android ?
Walid Chaiehloudj • N° 4-2018 • pp. 215-222

Pour la deuxième année consécutive, la Commission européenne a sanctionné Google pour avoir abusé de sa position dominante. Dans l’affaire Android, l’entreprise américaine a été condamnée pour avoir imposé des restrictions contractuelles qui ont étouffées la concurrence sur le marché. Cette affaire Android (...)
1 Sep 2018
Turkey: Dynamic efficiency considerations in merger control analyses
Çağlagül Koz, Gönenç Gürkaynak, Naz Topaloglu • N° 3-2018

The 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 (...)
1 May 2018
UK: Brexit - The need for a special approach to EU mergers
Ronan Scanlan • N° 2-2018

The 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 (...)
1 May 2018
India: Cartel enforcement – The past, the present and the future
Kalyani Singh, Karan Singh Chandhiok, Sarthak Pande • N° 2-2018 • pp. 216-223

This 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. (...)
1 Feb 2018
Brazil: Common ownership by institutional investors and its impact on competition
Amanda Athayde, Mônica Fujimoto • N° 1-2018 • pp. 218-224

Brazilian 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 (...)
1 Feb 2018
Poland: Public interest and a place for non-competition considerations in Polish competition law
Maciej Bernatt, Marcin Mleczko • N° 1-2018

The 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 (...)
1^er nov. 2017
Allemagne : Le nouveau guide du Bundeskartellamt relatif aux engagements en matière de concentrations (mai 2017)
Markus Welzenbach • N° 4-2017 • pp. 200-209

Le 30 mai 2017, le Bundeskartellamt a publié son guide relatif aux engagements en matière de concentrations afin d’expliquer sous quelles conditions l’autorité allemande autorise une opération de concentration portant significativement atteinte à la concurrence en recourant à des mesures correctives. (...)
1 Nov 2017
China/EU: The gradual evolution of the EU Commission’s merger control decisional practice towards SOEs amidst an increasingly protectionist world
Camille Puech-Baron, Kyriakos Fountoukakos • N° 4-2017

This 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 (...)
1 Nov 2017
China: Ten years of Anti-Monopoly Law - Its review and prospect
Jiang Wan • N° 4-2017

China 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. (...)
1 Sep 2017
Switzerland: Prohibition of parallel imports and market integration - The role of the “effects doctrine” and the development of the substantive laws
Pranvera Këllezi • N° 3-2017 • pp.185-192

Possible 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 (...)
1 Sep 2017
UK: Role of trustees in the merger control regime
Michel van Zundert, Nasoul Gopal • N° 3-2017

Competition 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 (...)
1 Sep 2017
Brazil: Competition policy five years later - Still in search of better practices?
Vinicius Marques de Carvalho • N° 3-2017

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 (...)
1 May 2017
U.S.A.: A quick look at the legal standards for loyalty discounts
Mariateresa Maggiolino • N° 2-2017

At 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 (...)
1^er mai 2017
Allemagne : Les changements apportés à la loi contre les restrictions à la concurrence par la neuvième loi additionnelle
Per Rummel, Thomas Weck • N° 2-2017 • pp. 208-214

Cet article analyse les modifications juridiques apportées à la loi contre les restrictions à la concurrence par la neuvième loi additionnelle. En partie, les changements étaient nécessaires pour transposer les règles européennes sur la responsabilité administrative et civile. De plus, le législateur (...)
1 May 2017
Ireland: “Out of step” - Coping with its constitutional concerns about civil fines
Mary Catherine Lucey • N° 2-2017

The 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 (...)
1 Feb 2017
USA : The role of economic analysis in the assessment of vertical restraints
Howard P. Marvel, Kıvanç A. Kırgız • N° 1-2017

This 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 (...)
1 Feb 2017
A British perspective: EU antitrust law and international damages actions
Peter Roth • N° 1-2017 • pp. 243-248

This 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 (...)
1 Nov 2016
Laos: The Lao PDR lays the foundation for its competition regime
David Fruitman • Nº 4-2016

On 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 (...)
1 Nov 2016
China: An overview of intellectual property rights guidelines and global considerations for antitrust practitioners
Christopher B. Hockett, Jesse Solomon • Nº 4-2016

Anti-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 (...)
1 Nov 2016
Brexit: Increased scope for intervention in takeovers of UK businesses?
Dominic Long • Nº 4-2016

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 (...)
1^er nov. 2016
Allemagne : Distribution sélective et places de marché
Franck Audran • Nº 4-2016 • pp. 221-226

Le commerce en ligne des produits commercialisés via un réseau de distribution sélective fait encore l’objet de nombreuses discussions à l’occasion des premiers résultats de l’enquête sectorielle de la Commission. Cet article revient ainsi sur les évolutions auxquelles la distribution sélective (...)
1 Sep 2016
A glimpse into Brazil’s experience in international cartel investigations: Legal framework, investigatory powers and recent developments in leniency and settlements policy
Amanda Athayde, Marcela Fernandes • Nº 3-2016

This article analyzes the Brazilian experience in international cartels enforcement within 2000-2016. Initially, it presents four central aspects of the enforcement activities in Brazil. First, the legal framework on fighting cartels. Second, the main investigatory powers of the Brazilian (...)
1^er sept. 2016
La longue traversée vers le droit à réparation : La norme canadienne applicable aux acheteurs indirects
Karounga Diawara • Nº 3-2016 • pp. 203-212

Ce texte a pour objet de mettre en relief les contextes normatif et processuel dans et par lesquels la Cour suprême du Canada est arrivée à la reconnaissance d’un droit d’indemnisation aux acheteurs indirects victimes de pratiques anticoncurrentielles relevant de la partie VI de la loi sur la (...)
1 May 2016
Australia: Are proposed reforms a step in the right direction?
Dave Poddar, Mark Grime • N° 2-2016 • pp. 250-258

Australia’s competition regime has undergone few reforms that could be characterised as being as substantial as those proposed by the Competition Policy Review. The Competition Policy Review’s Final Report was released on 31 March 2015, and suggested a number of sweeping reforms to Australia’s (...)
1 May 2016
UK: The effects of institutional change on UK remedies practice
Adam Land, David Hansen • N° 2-2016

The formation of the Competition and Markets Authority (CMA) in April 2014, combined with the statutory changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), have provided an opportunity to improve the treatment of remedies in the UK competition regime. This article (...)
1 May 2016
China: Introduction to China’s Anti-monopoly Law
Hazel Yin, Susan Ning • N° 2-2016

2015 marks the seventh anniversary of China’s Anti-monopoly Law (the “AML”). The AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China. As one of the first firms which took part in the drafting of the AML and thereby one of the first to (...)
1 Feb 2016
Peru: Antitrust law sharpens its teeth against cartels: Too little … not too late
Mario Zúñiga • N° 1-2016

Peruvian Antitrust Law has fairly well designed leniency mechanisms. But in order to foster the incentives to apply to them -and, thus, increase the detection of cartels- it is necessary to provide more predictability; and to increase the potential cost of cartelization practices by (...)
1 Feb 2016
UK: What makes claims eligible for inclusion in collective proceedings?
David R. Wingfield • N° 1-2016 • pp. 240-250

In October 2015, the UK enacted a class action procedure for competition law claims. The procedure is called “a collective proceedings.” The procedure gives a broad discretion to the Competition Appeal Tribunal to determine whether claims are eligible to be brought as a collective proceedings. (...)
1 Dec 2015
Spain: An overview of case law on competition dawn raids and the limits of inspections
Manuel Vélez Fraga, Patricia Vidal Martinez • N° 4-2015

Dawn raids are currently one of the essential tools for competition authorities to investigate infringements and enforce competition law. However, the inspection faculties of the authorities are not without their limits. Competition inspections affect the fundamental rights of the undertakings, (...)

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