GCR May 2007

Ahead of the International Competition Network’s meeting in Moscow this month, JAMES CLASPER asked six leading antitrust lawyers whether the ICN is living up to its goals, five years after its creation

David Fruitman makes the case for the early adoption of competition law in developing economies, focusing in particular on provisions to deal with abuse of dominance

Richard Elliott, George Addy and Mark Katz, partners at Davies Ward Phillips & Vineberg LLP in Toronto, discuss major changes to the regulation of Canada’s telecommunications industry

Company: Proctor & Gamble UK
Title: General counsel and director, external relations
Age: 55
Previous employment: Proctor & Gamble (UK and Belgium) since 1986, Pothecary & Barratt 1973 to 1986

Global Competition Review turns 10 next month. To mark this anniversary, JAMES CLASPER invited some of Europe’s top antitrust lawyers to look back on a decade of practising in Brussels

Supporting one of the largest communities of competition lawyers in the world, law firms in Brussels have adopted a variety of business models to capitalise on the market. JULIUS CAVENDISH identifies the most successful

Questions about Austria’s commitment to competition enforcement have dogged it for years. But, as its Federal Cartel Authority appears to shrug off its reputation for softness, David Vascot asks whether its bark is worse than its bite

Walter Barfuss has been director general of Austria’s Federal Cartel Authority since 2002. David Vascot discusses his work at the agency ahead of his departure this June

Alfred Mair is Austria’s federal cartel prosecutor and works in tandem with the Federal Cartel Authority. David Vascot spoke to him about his role in Austria’s competition regime

With Austria’s competition watchdog growing in confidence and its businesses expanding east, the country’s competition practices are busier than ever. David Vascot investigates

Fried Frank Harris Shriver & Jacobson LLP has lost the leading lights of its US antitrust practice.

One of Clifford Chance’s young competition partners is joining the UK’s Office of Fair Trading as a senior director.

The UK’s Office of Communications has recruited competition specialist Martin Ballantyne from Macfarlanes.

David Stewart, former deputy general counsel at RealNetworks, has joined Howrey LLP as partner in San Francisco.

The UK’s Office of Fair Trading has proposed a range of ideas to kickstart private enforcement of EU and UK competition law.

Japan’s Fair Trade Commission is seeking power to impose larger fines for bid-rigging and other anticompetitive practices.

The European Commission has launched a surprise attack on Apple’s popular iTunes service, accusing the company of violating competition rules.

Canada’s Competition Bureau has renewed its efforts to block the Labatt/Lakeport merger.

France’s Competition Council has penalised nine doormakers a total of €5 million, for price fixing.

Microsoft has requested a review of Google’s acquisition of advertising software provider DoubleClick, citing a potential reduction in competition.

French luxury goods group Pinault Printemps Redoute is acquiring Mayfair’s share in German sports brand Puma AG.

South Korea’s Hynix Semiconductor has seen an antitrust suit against it dismissed, after a federal judge ruled that plaintiffs Sun Microsystems and Unisys Corp needed to provide more information to pursue damages claims.

Binder Grösswang Rechtsanwälte has scooped the lead role in Austria’s first ever large-scale private enforcement case – a spin-off from the European Commission’s elevator cartel investigation.

Nestlé is to acquire baby-food brand Gerber Products from Swiss pharmaceutical company Novartis. The US$5.5 billion deal was announced on 12 April.

Vodafone is selling its Japanese telecoms division to internet services provider Softbank for £8.9 billion.

The European Court of First Instance has criticised the severity of a €118 million fine that the European Commission imposed on Degussa.

Australia’s new media ownership laws came into effect in April. The reforms aim to encourage greater investment and competition in the Australian media sector, while maintaining diversity

Canada’s Competition Bureau has lost an attempt to delay completion of a proposed merger. The Competition Tribunal decision rejecting its application could have a major impact on Canadian merger practice

On 28 March, Denmark’s Competition Council issued its verdict on an alleged cartel in the retail banking sector

The European Court of Justice has upheld a fine on British Airways for abuse of market dominance through rebates granted to travel agents on ticket sales

In August 2006, Norwegian company Pan Fish informed the French minister of economy of a merger it had closed in June 2006, and which it had failed to notify in a timely manner under French merger control rules

The German Federal Cartel Office has ordered a Swiss company to unwind its acquisition of three other Swiss companies

In March 2007, the Ministry of Company Affairs proposed further changes to the Competition (Amendment) Bill 2006

In January, Italy’s Competition Authority launched an investigation under article 81 of the EC Treaty against nine oil companies, alleging price coordination in the Italian roadside petrol market

Portugal’s Competition Authority has conditionally cleared a banking merger following an extensive investigation

The Spanish Competition Tribunal has issued a report recommending the unconditional clearance of Mahou-San Miguel’s acquisition of rival brewing company Alhambra

Switzerland’s Competition Commission has fined PubliGroupe 2.5 million Swiss francs for abuse of its dominant position. The decision is the third instance of the commission imposing fines under the revised Cartel Act

The Court of Appeal has narrowed the circumstances in which high pricing by a dominant company is illegal

On 27 February, the Sixth Circuit Court of Appeals held that plaintiffs could not establish that a market-share discount programme challenged under the Robinson-Patman Act constituted price discrimination where the buyers’ own economic exigencies prevented them from benefiting from the highest discounts

The Israel Antitrust Authority has reached a plea arrangement with some of the alleged members of a gas cartel case

On 16 March, the Finnish Market Court held that interested third parties do not have the right to appeal against a decision by the Finnish Competition Authority approving an acquisition