In this issue:
China’s Antimonopoly Law
On August 30, 2007, the Anti-Monopoly Law (“AML”) was enacted by the Standing Committee of the National People’s Congress (“NPC”). This law is the culmination of a drafting process which lasted over 13 years. During this process, the various actors (including the Chinese government and academia) have shown a relatively high degree of openness. Compared to previous drafts of the AML, its final version is perhaps the most advanced document.
Spain’s Appeal of the Telefonica Decision
In its appeal, the Spanish Government is not contesting this method as such, but rather focusing on the fact that the tariffs in question were subject to sector-specific regulation at the national level.
The U.S. Congress and Resale Price Maintenance
This anti-Leegin bill is misguided. It ignores strong evidence of actual discounting practices that take place with the approval of manufacturers, who even under the reign of Dr. Miles had tremendous power to decide what prices would be charged for their products. It restrains antitrust courts’ flexibility to adjust to changing business methods through the common-law process, and could initiate an unfortunate trend of changing the simple Sherman One prohibition into a mish-mash of targeted regulation.