News

South Africa: Hostile takeovers in SA

Premium 01 April 2005

The South African Competition Appeal Court (CAC) recently handed down a judgment revealing a significant shift in the courts' approach to the concept of control. Prior to the court's decision, the notion of control in South Africa had generally been given as wide a scope as possible. The CAC has, through its decision in the Harmony Gold Fields matter, extended the ambit of control even further. This will have a significant impact on South African competition law, particularly in the construction of hostile take-overs. Anthony Norton Webber Wentzel Bowens Johannesburg

Canada: Commissioner appeals Tribunal's dismissal of abuse of dominance case

Premium 01 April 2005

The commissioner of competition has appealed the Competition Tribunal's dismissal of the Canada Pipe abuse of dominance case. The case is an important, reasoned decision of the Tribunal on the line between aggressive competition and anticompetitive behaviour John F Clifford McMillan Binch LLP Toronto

Finland: Criminalisation of cartel activity in Finland?

Premium 01 April 2005

The new head of enforcement in Finland wants to introduce criminal sanctions Christian Wik and Tomas Lodenius Roschier Holmberg, Attorneys Ltd Helsinki

Ireland: High Court establishes a duty-to-deal in Irish competition law

Premium 01 April 2005

This case is of interest because it is the first in which an Irish court has considered the operation of the EC modernisation regime introduced by Regulation 1/2003. The court's analysis of the substantive issues is also of interest, particularly for trade associations which may be considered to be dominant in the market for 'representative services' they provide to their members. Whether the High Court's analysis of this issue will be upheld when the Supreme Court comes to hear the appeal remains to be seen. Gerald FitzGerald McCann FitzGerald Dublin

Australia: Criminal penalties for serious cartel behaviour

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The Australian government has recently outlined proposals to introduce criminal penalties for serious cartel behaviour. Emma Marsh and Siobhan Lancaster Allens Arthur Robinson Sydney

CADE ends Tam/Varig cooperation

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Brazil's competition enforcement agency, CADE, has ended the code-sharing agreement between airlines Tam and Varig.

Kodak buys whole joint venture

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The world's biggest film manufacturer, Eastman Kodak Company, is to become the sole owner of Kodak Polychrome Graphics, the joint venture it founded in 1998 with Sun Chemical Corporation.

Lithuania ends brewery investigation

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The Lithuanian competition authority has terminated its investigation into the alleged anti-competitive actions of a large brewery, as the brewery's planned actions would only affect a small part of the market. Marius Juonys Lideika, Petrauskas, Valiunas ir partneriai Vilnius

BAE buys into US for $4 billion

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UK defence company BAE Systems will boost its US presence, having agreed to buy United Defence Industries for $4 billion.

Israel: Antitrust Authority intends to prosecute for abuse of dominant position

Premium 01 April 2005

The Israeli Antitrust Authority announced that it intends to prosecute the Israeli chocolate monopoly and some of its superior officers for the abuse of dominant position, following the penetration of Cadbury into the Israeli market. Under the Israeli Restrictive Trade Practices Law, such behaviour is a criminal offence, and the decision has raised a debate on whether abuse of dominant position should be a criminal offence under the Law. D Ziv Abramovich Epstein Chomsky & Co Tel Aviv