GCR Live

US and Mexico antitrust heads diverge on regulation

13 November 2017

The head of Mexico’s competition authority called for “smart regulation” as a tool to promote competition in the Mexican market last week, but acting US Federal Trade Commission chairman Maureen Ohlhausen warned that excessive regulation could dampen competition.

EU unilateral conduct cases may be political, experts say

EU unilateral conduct cases may be political, experts say

10 November 2017

A panel of experts, including former US Department of Justice acting antitrust head Renata Hesse, have lamented the development of unilateral conduct cases in Europe, and voiced concerns that the European Commission may be motivated by politics and public relations.

Privacy is part of antitrust, says former EU official

Privacy is part of antitrust, says former EU official

10 November 2017

The former deputy chief economist of the European Commission's Directorate-General for Internal Market and Industry has said antitrust enforcers could use the degradation of privacy as proof of competitive harm, but would also have to show that data collection stemmed from market power.

Beijing lawyer denies China’s authorities favour national interests

Beijing lawyer denies China’s authorities favour national interests

10 November 2017

Acknowledging that outsiders often perceive that China’s three competition authorities as favouring Chinese companies and national interests, JunHe partner Yingling Wei denied that populism has had a visible effect on antitrust enforcement in China.

Lawyers to talk big data in Düsseldorf

Lawyers to talk big data in Düsseldorf

24 October 2017

Lawyers and academics will converge on Düsseldorf to examine Germany’s antitrust regime in the digital age at the city’s second GCR Live conference.

ACCC to examine information exchange

ACCC to examine information exchange

19 October 2017

A senior official at Australia’s antitrust enforcer provided details about the agency’s future enforcement of information exchange cases, after the country’s parliament passed a prohibition on concerted practices.

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

06 October 2017

Despite anxieties that Brexit will affect the UK’s status as a jurisdiction of choice for private damages actions, English courts will still take EU case law seriously – and divergence could even make the UK more attractive for litigation, a leading barrister has said.

CAT appears optimistic about collective damages certification

CAT appears optimistic about collective damages certification

06 October 2017

The UK’s specialist antitrust tribunal seems willing to be flexible to establish a collective action regime – but cannot rely on existing failed claims to do so, said litigators active in the area.

Economic theory may not suffice for passing-on defence

Economic theory may not suffice for passing-on defence

05 October 2017

The Competition Appeal Tribunal’s decision not to uphold Mastercard’s passing-on defence against Sainsbury's interchange fee claim has sparked debate about how to prove pass-on and whether lawyers should rely on economic theory when using it as a defence.

English judge warns against accelerated ECJ referrals

English judge warns against accelerated ECJ referrals

05 October 2017

A High Court judge today said the UK’s impending exit from the EU does not mean British appeal courts already can be treated as courts of last resort, and warned against rushing referrals to the European Court of Justice before exit day.