Interviews and Analysis

An interview with Benoît Cœuré

Lawmakers confirmed Benoît Cœuré as the new head of France’s Competition Authority in January, following the sudden and unexpected departure of his predecessor, Isabelle de Silva. In an interview with GCR, Cœuré spoke about accusations of political interference, the need to build bridges with sector regulators and the importance of merger control in preventing excessive market power in digital markets.

24 June 2022

Google AdWords & third-party trademarked keywords: IP infringement or fair competition?

At the centre of the intersection between competition law and intellectual property law sits several cases related to third-party keyword bidding on Google Ads. Khaitan & Co partner Anisha Chand, senior associate Tanveer Verma and associate Satvik Mohanty set out the current landscape in India – including the divergence between the Competition Commission of India and civil courts – and lay out prospects for the future.

19 May 2022

A Q&A with Iskandar Ismail

Iskandar Ismail has been chief executive of Malaysia’s Competition Commission since October 2018. In an interview with GCR, he discussed pursuing legal reforms in response to a high-profile loss at Malaysia’s top court and prioritising a non-voluntary merger control regime as part of a suite of amendments to the country’s competition law.

08 April 2022

A Q&A with John Fingleton

John Fingleton stepped down as chief executive of what was then the UK’s Office of Fair Trading 10 years ago this summer. A decade on, the founder of Fingleton Associates reflects on why the UK’s Competition and Markets Authority is now the world’s fifth-most important antitrust enforcer, how the country’s concurrency regime falls short and why governments should consider letting merger reviews play out before investigating national security concerns.

01 April 2022

More aggressive scrutiny of life science deals – but is there a problem that needs solving?

Competition authorities on either side of the Atlantic and beyond are signalling greater scrutiny of pharmaceutical mergers, with a view to protecting innovation. Baker McKenzie attorneys Fiona Carlin, Anthony Gamble, Dan Graulich and Yana Ermak consider the justifications for this tougher approach and explore the potential chilling effect it might have.

30 March 2022

A Q&A with Rachael Kent

UK-based academic Rachael Kent filed a class action claim against Apple in May 2021, seeking £1.5 billion in damages on behalf of an estimated 19.6 million consumers who allegedly overpaid for their applications due to the company’s apparently anticompetitive practices on its App Store. Kent spoke to GCR about why the claim was a no-brainer and why she was unwilling to wait for agencies to conclude their own investigations into Apple before launching the proposed class action.

04 March 2022

Rod Sims: the exit interview

After an unprecedented three terms at the helm of the Australian Competition and Consumer Commission, Rod Sims will pass the torch next month to Gina Cass-Gottlieb. In an interview with GCR, Sims looked back at the enormous progress his agency has made in the past 11 years, including taking on challenging cases, pushing for legislative reforms and becoming a global leader in the debate about digital platforms.

25 February 2022

Green innovation needs competition to perform

Ruben Maximiano, a senior competition expert at the Organisation for Economic Co-operation and Development, explores the importance of competition in shifting the world toward a greener future and why the legal and policy focus may need to move from short-run price effects to longer-term analyses.

22 February 2022

A Q&A with Justin Le Patourel

Justin Le Patourel’s damages claim against telecoms company BT became only the second class action to be certified by the UK’s Competition Appeal Tribunal in September 2021. Ahead of an appeal hearing scheduled for next month, Le Patourel spoke to GCR about the case, his experience of the UK’s class action regime, the importance of opt-out claims for especially vulnerable consumers and the creation of a network of UK-based class representatives.

18 February 2022

A Q&A with Arsenio Balisacan

Arsenio Balisacan was appointed as the inaugural chair of the Philippine Competition Commission in January 2016. He spoke to GCR about the temporary suspension of his agency’s merger review powers during the covid-19 pandemic, the multiplication of behavioural cases after reallocating staff to conduct probes, and the importance of consent orders and settlements.

07 February 2022

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