GCR Live

Spratling: Leniency is not invulnerable

Spratling: Leniency is not invulnerable

29 March 2017

The former head of criminal antitrust enforcement at the US Department of Justice expressed grave doubts yesterday about the state of the world’s leniency programmes, and suggested steps that all sides of cartel cases should take to help stabilise a system now seen as crucial to public and private antitrust enforcement.

Courts may dodge binding enforcement decisions

Courts may dodge binding enforcement decisions

29 March 2017

Two antitrust litigators said yesterday that EU member state judges could find ways to avoid provisions in the EU’s Damages Directive that are designed to make competition agencies’ decisions binding on courts.

Divergent enforcement standards are hurdles for in-house lawyers

Divergent enforcement standards are hurdles for in-house lawyers

29 March 2017

The differing standards in how competition authorities handle instances of information exchange and price signalling have created challenges for in-house counsel trying to structure compliance programmes at global companies.

Confidentiality of leniency can limit disclosure in M&A

Confidentiality of leniency can limit disclosure in M&A

29 March 2017

Even when a company for sale wants to tell potential buyers about its potential antitrust liabilities, it can be legally restricted from doing so, a lawyer formerly at Japan’s Fair Trade Commission warned yesterday.

US DOJ won’t limit cartel fight to “smoking gun,” official says

US DOJ won’t limit cartel fight to “smoking gun,” official says

28 March 2017

Recent court decisions referring to foreign-based cartels that “target” the US will not keep the US Department of Justice from prosecuting price fixing on a broader basis, a senior official at the DOJ’s antitrust division said today.

Intel could complicate EU cartel enforcement, says Coates

Intel could complicate EU cartel enforcement, says Coates

28 March 2017

Former European Commission cartel enforcer Kevin Coates said today that if the European Court of Justice follows all aspects of the advocate-general’s opinion, Intel’s appeal against its abuse of dominance fine could affect the EU’s prosecution of international cartels.

Indonesian antitrust reforms in sight, but hurdles remain

Indonesian antitrust reforms in sight, but hurdles remain

03 March 2017

The time may finally be right to amend Indonesia’s 18-year-old antitrust law, but shifts in the competition authority’s membership and a national election have set difficult and rapidly approaching deadlines to make those changes happen.

New Chinese merger probe may test big data issues

New Chinese merger probe may test big data issues

03 March 2017

China is carefully weighing how to approach potential competition issues in big data and online platform services in which the primary product is ostensibly free for consumers, a senior official at the Ministry of Commerce said today.

US will suffer in any trade war, ASEAN enforcers warn

US will suffer in any trade war, ASEAN enforcers warn

02 March 2017

While the US and some European countries seem to be shunning free trade agreements, senior competition officials from multiple Asian countries say they will continue to push for global trade regardless of their western counterparts.

Malaysia central bank chastises MyCC for auto insurance case

Malaysia central bank chastises MyCC for auto insurance case

02 March 2017

The central bank of Malaysia yesterday lashed out at the country’s competition authority, claiming it overstepped its bounds and undermined consumers by charging nearly two dozen automotive insurance companies with breaking competition law.