All Articles

Argentine pharmaceutical patents: the final word?

Premium - 01 October 1998

President Menem of Argentina recently signed a decree implementing a highly controversial, potentially anti-competitive patents law. Shane Sorenson looks at the arguments and the implications for local and foreign pharmaceutical companies.

Enforcing US criminal antitrust in a global market

Premium - 01 October 1998

Bruce F Metge of Mintz Levin, Washington DC questions the purpose and benefit of enforcing the United States’ criminal antitrust provisions in the global marketplace.

Authorisation for coordinated marketing of natural gas

Premium - 01 October 1998

Professor Robert Baxt and Darren Murphy of Arthur Robinson & Hedderwicks, Melbourne, Australia, on the Australian Competition Consumer Commission’s authorisation on public benefits grounds of the coordinated marketing activities of the North West Shelf Project participants.

Australia: ACCC gives PepsiCo green light

Premium - 01 October 1998

The ACCC did not intervene in the recent acquisition of Smiths Snackfoods by PepsiCo. Informal clearance was provided to PepsiCo after Frito-Lay Australia divested a portfolio of brands, assets and intellectual property called 'Snack Brands Australia' to Dollar Sweets Holdings. The divestment addressed the ACCC’s concerns that the acquisition, without a simultaneous divestiture, would result in a substantial lessening of competition in a market.

Belgium: Duty to suspend a concentration before clearance

Premium - 01 October 1998

Taken with Amylum, Bodycote means that Article 12§4 permits the transfer of shares, but not the exercise of the attached voting rights.

Canada: Bureau allows Conrad Black’s Southam to buy Financial Post

Premium - 01 October 1998

The Competition Bureau has revisited two business areas well known to it from transactions challenged previously, this time allowing a newspaper deal to proceed but finding significant problems in a proposed petroleum marketing and refining joint venture.

Denmark: Term of agreement ‘too long

Premium - 01 October 1998

The Danish Competition Council is establishing a solid track record devoid of surprises and consistent with previous practice and the practice of the EC Commission.

European Union: Exhaustion of trademarks outside the EEA

Premium - 01 October 1998

It is interesting to compare this judgment with the Court’s April judgement in Javico where contractual export bans outside the Community having the effect of appreciably preventing, restricting or distorting competition and trade within the Community were found to fall under Article 85 (1) and therefore to be unenforceable. The difference apparently results from the trademark rights in the Silhouette case which - until they are exhausted - allow their owner additional protection.

France: British Telecom v France Telecom/ Transpac

Premium - 01 October 1998

The Court of Appeal confirmed the very high fines, taking into account, in particular, the seriousness of the offences and France Télécom’s monopoly. The case thus confirms the French courts’ movement towards stricter control of public monopolies as recently seen in the Court’s judgment ordering EDF - the French state-owned electricity producer - to pay a fine of Ffr30 million.

Germany: Retail merger cleared

Premium - 01 October 1998

The threat of increased concentration in the retail sector has been a talking point for some time and the FCO seems to be taking a very careful look at any transaction in this sector. However, this case shows that in the FCO’s view the critical level has not yet been reached.