All Articles

Efficiences in vertical mergers, JVs and strategic alliances

Premium - 01 December 1997

The perrenially thorny issue of vertical mergers and restraints was examined from the US and the EU standpoints by FTC chairman Bob Pitofsky and Juan Briones of the EC Commission Merger Task Force.

EC competition law: the millenium

Premium - 01 December 1997

Alexander Schaub has been Director General of DGIV, the European Commission’s Competition arm, for two years. His mission in Brussels is to move European competition forward, bringing in fresh, workable concepts to carry the single market into the 21st century.

Developments in US international competition cooperation

Premium - 01 December 1997

Nina Hachigian, an advisor to the Chairman of the Federal Trade Commission, believes that two recent agreements signed by the US represent a positive step towards greater international cooperation on competition. The Boeing/McDonnell Douglas merger brought to light a fact about antitrust enforcement in the modern era that competition authorities have been living with for some time. As commerce goes global, antitrust enforcement regimes will increasingly overlap and occasionally collide.

Exchanging benchmarking in competitively sensitive areas

Premium - 01 December 1997

Firms that swap internal data may be caught by antitrust regulations. Stephen M Axinn and Carter H Strickland Jr of Axinn, Veltrop & Harkrider LLP, New York, consider how to assess the risks

The triumph and failure of the US Merger Guidelines in litigation

Premium - 01 December 1997

James Langenfeld of LECG Inc contrasts two important recent US court decisions relating to product market definition in mergers and considers the policy implications

Argentina: New Argentine antitrust law proposed

Premium - 01 December 1997

Law 22,262 has been widely criticised in Argentina as an ineffective and outdated tool for controlling the activities of monopolies. In the last two years a wave of mergers and acquisitions has taken place in Argentina, but the Tribunal has not issued any relevant policy or participated in any way in the process, taking a passive role because the law only penalises an abuse of a dominant position but not the creation of a position of dominance. As a result of this criticism, the government has put before Congress the BAL, whose the main features are set out opposite.

Austria: Merger control turnover rules

Premium - 01 December 1997

The Austrian Cartel Court’s decision to interpret the turnover calculation rules of Austrian merger control somewhat restrictively is very welcome news for all companies engaging in mergers and acquisitions. The court’s interpretation, albeit as yet unconfirmed by the Austrian Supreme Court, will go some way towards making the inclusion of turnover for the purpose of merger control, which is almost open-ended according to the letter of the law, more manageable. In effect, as long as there are no spillover effects to other partners of a joint venture concerned, the decision would seem to exclude the turnover of joint venture partners (and not of the joint venture as such).

Belgium: Conditional clearance

Premium - 01 December 1997

The previous case law of the Council suggested that it had adopted the EU Commission’s approach that undertakings could be accepted in both stage I and stage II decisions. (The amended EU merger regulation, which comes into effect on 1 March 1998, incorporates a new provision confirming that the EU Commission may make stage I (and stage II) clearance decisions conditional on undertakings.)

Canada: User fees introduced

Premium - 01 December 1997

The Competition Bureau recently began charging user fees for, among other things, merger filings.

Denmark: Group exemptions under new Act

Premium - 01 December 1997

The Danish competition authority is in the process of issuing group exemptions and has published a draft group exemption for business chains within the daily consumer goods area.