The Antitrust Review of the Americas 2017

Introduction

30 August 2016

Chair of American Bar Association - Section of Antitrust

The competition law regimes in the Americas are asserting themselves strongly and regularly, and not just in the United States and Canada with their laws that date back over 100 years. Mexico, Brazil and Chile, to name only a few, have become quite active. Competition law enforcement spans the globe with active enforcement on every major continent. Over 100 countries have competition laws and competition law enforcement agencies. With an ever-growing number of companies operating in or selling into multiple countries, the competition laws of multiple jurisdictions concern a large and expanding group of potential subjects – companies routinely face merger reviews in several countries and their business practices and conduct can be subject to simultaneous civil or criminal investigations. As a result, it has become increasingly important for lawyers and government enforcers to become familiar with the competition laws and enforcement practices of countries throughout the world.

The American Bar Association’s Section of Antitrust Law (the Section) has been the pre-eminent provider of educational programmes and publications for competition practitioners for many years. While historically the Section had concentrated on the United States, over two decades ago, in response to the increasing globalisation of business and the growth of competition law enforcement throughout the world, it expanded its focus and reach to the global set of competition laws and enforcement activities.

This past year, the Section’s international outreach extended from programmes in Asia (Antitrust in Asia, Hong Kong, June 2016 and International Cartel Workshop, Tokyo, February 2016) to presenting to the OECD Competition Division (Paris, June 2016) to the Spring Meeting coverage of international matters (Washington, DC, April 2016). The following are some of the Section’s many programmes, publications and activities relating to international competition law.

Programmes

The Section’s commitment to providing education and increasing knowledge about international competition laws is reflected in its programming. Here are some upcoming highlights.

Antitrust Masters Course, Williamsburg, VA (29 September–1 October 2016)

This programme provides for in-depth mastery of competition law through intimate work with top experts.

Fall Forum, Washington, DC (17 November 2016)

The senior enforcement officials of the Department of Justice and Federal Trade Commission and many judges will discuss recent developments, enforcement priorities, judicial practice and policy initiatives, and how the courts influence agency action.

Spring Meeting, Washington, DC (29–31 March 2017)

The Section’s annual Spring Meeting is the premier competition law conference in the world. Last year, over 3,000 competition law attorneys, advisers and government enforcers attended the conference, including more than 700 (about 23 per cent) from over 60 countries outside the US. The conference consists of approximately 50 CLE programmes and numerous networking events. This meeting is a ‘must attend’ for competition law attorneys and government enforcers.

Antitrust in the Americas, Mexico City (1–2 June 2017)

This programme will showcase and examine competition law enforcement throughout the Americas with participation from enforcers and highly experienced practitioners in all the key jurisdictions.

Publications

The Antitrust Law Section is well known for its signature publications, which are unparalled both in quality and quantity. It publishes three regular periodicals:

  • Antitrust Magazine, a magazine devoted to featuring forward-looking articles of interest to practitioners that is published three times a year, with a subscriber base in excess of 9,000;
  • The Antitrust Source, a bimonthly online magazine featuring in-depth commentary on the hottest topics in antitrust and consumer protection law, which is available to all members; and
  • Antitrust Law Journal, the premier law journal in the United States and the most frequently cited publication of its kind by US courts in antitrust litigation over the course of the past decade.

The Section’s Antitrust Law Development, now in its seventh edition, is the gold standard for antitrust reference worldwide. The Section’s publications catalogue also includes more than 60 in-depth treatises, handbooks, practice guides and manuals (see www.americanbar.org/content/dam/aba/publications/antitrust_law/at_publications_catalog.authcheckdam.pdf). Our recent publications include the following: Consumer Protection Law Developments (second edition); 2015 Annual Review of Antitrust Law Developments; Mergers and Acquisitions: Understanding the Antitrust Issues (fourth edition); Intellectual Property and Antitrust Handbook (second edition); A Primer on the Federal Price Discrimination Laws: A General Review of the Robinson-Patman Act for Business Managers (fourth edition); Indirect Purchaser Litigation Handbook (second edition); Antitrust Evidence Handbook (third edition); Antitrust Law and Economics of Product Distribution (second edition); and Private Equity Handbook; Model Jury Instructions for Civil Antitrust Cases (2016).

Task forces and committees

Our Section’s committees and task forces play a critical role in keeping our members informed on the latest developments in competition law through telephonic committee programmes, teleseminars, newsletters, blogs and discussion groups, and also help formulate comments that the Section submits to competition regimes around the world regarding proposed enforcement initiatives, statutes, guidelines and regulations.

Global private litigation committee

This committee addresses the complex procedural questions posed by private competition enforcement and covers all relevant jurisdictions. Its mission could not be more relevant, as more jurisdictions adopt mechanisms for private civil enforcement of competition laws.

Privacy and information security committee

In today’s world of rapid technological development and increasing globalisation, this committee plays a crucial role in helping Section members with key privacy and data security issues, including at international levels.

International task force

Since its inception in 2008, the International Task Force has contributed over 100 sets of comments, the vast majority of which were submitted to competition authorities and legislative bodies in jurisdictions outside the United States, including Australia, Brazil, Canada, Chile, China, Colombia, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Japan, Korea, New Zealand, Paraguay and the United Kingdom.

Leadership

The Antitrust Law Section’s leadership ranks reflect the global community that we serve. About 40 international members participate in our Section leadership as committee chairs, vice chairs, publication editors and task-force members. These leaders hail from Argentina, Belgium, Brazil, Canada, China, France, Israel, Japan, Korea, Singapore, Spain, Switzerland and the United Kingdom.

The best path to Section leadership is through involvement in a committee, publication or task force. Membership in the Section’s committees is open to all members, and opportunities to write are plentiful. I hope you will consider becoming an active member of the Section of Antitrust Law by joining a committee or writing a piece for our publications. You will learn a great deal, have wonderful networking opportunities and enjoy your experience. Your work will clearly benefit from joining the premier organisation of competition professionals in the world.

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