AUG-13(2)

Before we get back into the hectic fall season, we wanted to catch up with some competition authorities—especially looking at how they’ve faced difficult challenges involving new legislation, new structures, and new authority. So join us as we check in on China, India, Brazil, Mexico, France, Germany, the United Kingdom, and last—but certainly not least—Poland […]

National Competition Authorities in France, Germany, and the United Kingdom: Resources, Independence, and Enforcement

Pierre-Andr Buigues, Roderick Meiklejohn, Aug 26, 2013 Rather than adopting an econometric approach based on a large number of countries, what this paper proposes is an in-depth analysis of the French, the U.K., and German NCAs. In theory, the practices of European NCAs are quite interconnected. The German, French, and the U.K. NCAs’ competition practices […]

Separate Economic Rationale in Certain Bid-Rigging Schemes Involving Offer Withdrawal A Critique of Polish Bid-Rigging Cases

Piotr Semeniuk, Aug 26, 2013 In the following paper I will briefly analyze all of the cases decided after the entry into force of the new Polish Competition Act (i.e. 2007) until October 2012 in which the Polish Office of Competition and Consumer Protection (“the Competition Authority”) invoked Article 6.1.7 of the Polish Competition Act (the […]

The June 2013 Landmark Constitutional Amendments to Competition and Telecom Law in Mexico

Omar Guerrero Rodriquez, Alan Ramirez Casazza, Aug 26, 2013 This year will be remembered as one of the most important years in modern history for Mexican competition law. In the second quarter of 2013 a major amendment to Article 28 of the Mexican Constitution labeled “the Constitutional Amendment in Telecommunications” rocked the foundation of the […]

Merger Control in India: A Century of Merger Notifications

Nisha Kaur Uberoi, Cyril Shroff, Aug 26, 2013 The (Indian) Competition Act, 2002 (“Act”), replaced the erstwhile (Indian) Monopolies and Restrictive Trade Practices Act, 1969, which contained provisions dealing with cartelization and unfair trade practices but not merger control. It is therefore not surprising that the creation of a new regulator to monitor M&A activity […]

Merger Remedies with Chinese Characteristics

Sandra Chan, Joanna Tsai, Elizabeth Xiao Wang, Aug 26, 2013 Merger remedies imposed by China’s merger review agency, Ministry of Commerce (“MOFCOM”), have received considerable attention in the antitrust community. Understanding and being prepared for the unique aspects of merger remedies imposed by MOFCOM can be crucial to developing a successful global M&A strategy. When […]

One Year After: Premerger Notification Unit in Brazil

Mario Sergio Rocha Gordilho Jr., Carlos Ragazzo, Aug 26, 2013 On November 30, 2011, after a lot of debate in Congress, Brazil’s President sanctioned the approval of a new Competition Law (Law 12.529/11). After the six-month vacatio legis that aimed to give the authorities time to prepare the new competition policy system, the law came into force […]