Vertical Restraints Versus Horizontal Agreements In The Manufacturer – Distributor Relationship

Vertical Restraints Versus Horizontal Agreements In The Manufacturer – Distributor Relationship

By John Jiong Gong and Vanessa Yanhua Zhang – Since the enforcement of the Anti-Monopoly Law (“AML”) in China, there have been several high-profile antitrust litigations involving vertical restraints in the manufacturer-distributor relationship. In China vertical restraints are also called vertical monopoly agreements in the context of the AML. In 2013, the Shanghai Higher Court set […]

The General Court’s Rulings in Airfreight: A Commentary

The General Court’s Rulings in Airfreight: A Commentary

By Jeremy Robinson – In its Airfreight rulings, the EU General Court has measured a Commission decision on a complex set of circumstances against exacting criteria of clarity and consistency, and found the Commission decision wanting. Although an unwelcome ruling for the Commission, it is questionable whether many cartels will present such a complex picture of evidence […]

The Airlines Industry, Concentration and Allegations of Collusion

The Airlines Industry, Concentration and Allegations of Collusion

By Paula W. Render – In 1978, when Congress deregulated the airline industry, there were 10 airlines that provided scheduled national and international service, and those 10 accounted for 90 percent of the domestic marketplace. Today, there are four major airlines and a few smaller ones providing comparable service, and the four major airlines provide 80 percent of U.S. domestic flights. This consolidation […]

Cracks in the Finish: Affirming Fundamental Rights in the Cement Cartel Case

Cracks in the Finish: Affirming Fundamental Rights in the Cement Cartel Case

By Kyle Le Croy –  This paper summarizes the recent judgment of Court of Justice of the European Union in the Cement Cartel case. The Court affirmed that certain fundamental protections that apply in the context of Commission dawn raids also apply in the context of Commission requests for information. The author suggests that the judgment is an important marker for companies subject […]

Criminalization of Cartels and Leniency: An Exercise in Complexity

Criminalization of Cartels and Leniency: An Exercise in Complexity

This article is part of a Chronicle. See more from this Chronicle Marcelo Calliari, Sep 16, 2015 What change a decade brings. Ten years ago the calls for a spread of leniency policies were undisputed. Their success in detecting cartels in a few jurisdictions, notably the United States and the European Union, seemed to justify the […]

Why the Motorola Mobility Decision was Good for Cartel Enforcement and Deterrence

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Jan 29, 2015 I was pleased to have an article I wrote on the FTAIA cited and quoted from in the recent Motorola Mobility opinion. I agree with the decision in Motorola Mobility and I also believe that the decision was a […]

NOV-09(1)

In this issue: Parental Liability John Clifford, Hayane Dahmen, Nov 12, 2009 Canadian Competition Authority’s Reach for Foreign Affiliates in its Cartel Investigations In general, Canadian courts and the Competition Bureau will not pierce the corporate veil to impose liability or find guilty foreign parents for the anticompetitive practices of their Canadian affiliates in the […]

OCT-09(1)

In this issue: Collective Dominance Frederic Depoortere, Giorgio Motta, Oct 08, 2009 The Doctrine of Collective Dominance: All Together Forever? What are the policy objectives underlying the collective dominance (“CD”) doctrine under Article 82 of the EC Treaty and what is the legal test governing its application? Even today these questions remain partially unanswered. Sophia […]

JUNE-09(2)

In this issue: Addressing Large Cartel Fines Ronit Kreisberger, Jun 30, 2009 Appealing Fines in the Competition Appeal Tribunal: An Uphill Struggle? his article focuses on two particular aspects of this line of case law: the status accorded to the OFT’s Guidance on penalties and the principle of equal treatment, and then considers the implications […]

DEC-13(1)

We’re looking at a pretty basic question in this issue—Has the definition of a cartel expanded so that a wider variety of antitrust violations are being brought as cartel violations? Our guest editor, Rein Wesseling, introduces the discussion with an indication that the answer may be an uncomfortable “yes.” Our contributors carry the argument forward […]

1 2 3 14