GCR Live

ACCC to examine information exchange

ACCC to examine information exchange

19 October 2017

A senior official at Australia’s antitrust enforcer provided details about the agency’s future enforcement of information exchange cases, after the country’s parliament passed a prohibition on concerted practices.

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

English courts will still consider EU decisions as “evidence” post-Brexit, QC says

06 October 2017

Despite anxieties that Brexit will affect the UK’s status as a jurisdiction of choice for private damages actions, English courts will still take EU case law seriously – and divergence could even make the UK more attractive for litigation, a leading barrister has said.

CAT appears optimistic about collective damages certification

CAT appears optimistic about collective damages certification

06 October 2017

The UK’s specialist antitrust tribunal seems willing to be flexible to establish a collective action regime – but cannot rely on existing failed claims to do so, said litigators active in the area.

Economic theory may not suffice for passing-on defence

Economic theory may not suffice for passing-on defence

05 October 2017

The Competition Appeal Tribunal’s decision not to uphold Mastercard’s passing-on defence against Sainsbury's interchange fee claim has sparked debate about how to prove pass-on and whether lawyers should rely on economic theory when using it as a defence.

English judge warns against accelerated ECJ referrals

English judge warns against accelerated ECJ referrals

05 October 2017

A High Court judge today said the UK’s impending exit from the EU does not mean British appeal courts already can be treated as courts of last resort, and warned against rushing referrals to the European Court of Justice before exit day.

CMA enforcement head: shift in competition sentiment is broader than Brexit

CMA enforcement head: shift in competition sentiment is broader than Brexit

02 October 2017

“Brexit is only trivially related” to the growing interest in adding public interest criteria to merger reviews, the executive director for enforcement at the UK’s Competition and Markets Authority has said.

DG Comp official defends Dow/Dupont remedy

DG Comp official defends Dow/Dupont remedy

29 September 2017

A senior official at the European Commission’s Directorate-General for Competition said critics of the enforcer’s decision to require divestiture of research and development assets in the Dow/DuPont merger did not understand it.

US DOJ: merger counsel should highlight overlaps

US DOJ: merger counsel should highlight overlaps

28 September 2017

The head of civil enforcement at the US Department of Justice’s antitrust division said today that it might “behoove” counsel for merging companies to alert the antitrust authorities to obvious product overlaps.

Banking will remain a priority, says DG Comp state aid chief

Banking will remain a priority, says DG Comp state aid chief

26 September 2017

Gert Jan Koopman has said state aid control will not take a backseat in the banking sector, despite predicting last year that it would no longer be an enforcement priority.

DOJ acting chief and FTC's sole Democrat headline GCR Live New York

DOJ acting chief and FTC's sole Democrat headline GCR Live New York

21 September 2017

GCR Live will bring the challenges faced by the US antitrust agencies in Washington, DC, to New York next week, as the Federal Trade Commission splits on a controversial sale and the Department of Justice's antitrust division operates without a Senate-confirmed boss.