In this issue:
From Inside the Agencies
The CFC faces significant challenges from cartel activity, prevailing regulatory restrictions on competition, and exclusionary practices undertaken by some of the most powerful corporations in Mexico.
Poland created a post-communist competition law system in 1990. The system is based on a public enforcement agency named the Office for Competition and Consumer Protection, which is part of a governmental administration. The President heads the OCCP and is the sole decision maker with regards to restrictive practices and undertakings concentrations in Poland. According to the law, the OCCP’s President is appointed by Poland’s Prime Minister. Competition decisions adopted by the OCCP can be appealed to the specialized civil court named the Court for Competition and Consumer Protection.
The new Spanish Competition Act, which was unanimously approved by the Spanish Parliament and came into force on the first of September 2007, introduces significant modifications to the system applied to date. This Act builds on the system designed by the 1989 Act, largely drawing on the experience gained at the Community and national level during the last two decades.
After providing some background on the evolving competition regime in South Africa, the author addresses the Commission’s increased activity in the area of anticompetitive practices and cartels.
New Developments Worldwide
On June 26, 2008, the federally appointed Competition Policy Review Panel released its report on Canada’s competition law and policies titled Compete to Win. The Panel was created in July 2007 by the federal government with the mandate of examining how to improve the domestic and international competitiveness of the Canadian economy.
Steps in the Right Direction: A Look at the Draft Regulations Framed by the CCI Regarding M&A Controls
In January this year, the yet to be fully-constituted Competition Commission of India (CCI) brought out its Draft Regulations relating to (a) its meetings; (b) the procedure in case of investigations pertaining to anticompetitive agreements and abuse of dominance; (c) determination of cost of production in predatory pricing investigations; (d) calling on and the engagement of experts; (e) leniency regulations in case of cartels; and finally, the most eagerly awaited (f) Combinations Regulations relating to mergers and acquisitions.
Sweden Launches an Amended Competition Act: Providing further alignment with Community law, new merger thresholds, and introducing a disqualification order regime for cartel infringements
On November 1, 2008, Sweden’s amended Competition Act (SFS 2008:579) (“2008 Competition Act”) will come into force. The country’s current Competition Act (SFS 1993:20) (“1993 Competition Act”) entered into force on July 1, 1993 and since has been continuously amended in order to take into account changes in the EC rules. Most notably, the 2008 Competition Act amends the merger thresholds and introduces the possibility to issue disqualification orders on individuals responsible for cartel infringements. It is also clear that a number of the amendments will further align the Swedish rules with the current EC legislation.