Interviews and Analysis

Killer acquisitions

Fierce debate now surrounds whether antitrust enforcers are doing enough to protect budding innovators. During GCR Live’s second annual pharmaceuticals conference in February, a panel of antitrust lawyers who regularly advise drug makers warned against a heavy-handed merger enforcement approach that could stymie life-saving innovation.

20 July 2020

Market definition in pharmaceutical markets

Substantial interest now surrounds the topic of market definition, with some eminent economists querying whether the standard approach is fit for purpose. The debate centres around whether the definition of a relevant market is fixed at any given point in time or whether it should be shaped by the particular theory of harm being pursued. As the European Commission launches a formal consultation on the two-decade-old notice on market definition, Baker McKenzie partner Fiona Carlin examines how flexible the notion of market definition is in the pharmaceutical sector.

20 July 2020

Korea’s competition bar

The small but talent-heavy collection of antitrust practices in Korea remains one of the strongest in Asia. With the Korea Fair Trade Commission likely to intensify its scrutiny of several markets, Julie Masson assesses which of the country’s law firms are best placed to handle the increase in work.

20 July 2020

A Q&A with KFTC chair Joh Sung-wook

Former Seoul National University professor Joh Sung-wook was tapped to head Korea’s Fair Trade Commission by the country’s president last September. Since her appointment, Joh has vowed to tackle abusive business practices by dominant conglomerates and level the competitive playing field for smaller companies. In an interview with GCR in April, she discussed the agency’s new technology task force and her role in breaking the glass ceiling for women enforcers in Korea.

20 July 2020

Delay no more?

The European Court of Justice in January provided some long-awaited clarity on how competition enforcers and national courts assess the anticompetitive nature of pay-for-delay agreements. Emily Craig examines how the court’s preliminary ruling in the Paroxetine case will affect other eagerly anticipated rulings and the future of pay-for-delay agreements.

29 May 2020

An interview with Mondo Mazwai

Mondo Mazwai was appointed to head the Competition Tribunal of South Africa last year, becoming its first female and first black chairperson. She spoke to Emily Craig about responding to the coronavirus pandemic, female representation in antitrust and why the tribunal has overturned a series of decisions by the country’s Competition Commission.

11 May 2020

Analysis: SAMR protects Chinese customers in spate of conditional clearances

China’s State Administration for Market Regulation conditionally cleared three global deals between 19 February and 10 April. Charles McConnell explores what those clearances mean and how they fit into broader trends within the SAMR’s merger regime.

21 April 2020

The big picture of competition

Jason Furman wants competition policy to be more than antitrust enforcement. He spoke with Pallavi Guniganti about his report for the UK government on digital competition, what macro data can tell us about market concentration;and his disagreements with both Robert Bork and neo-Brandeisians.

20 April 2020

Antitrust in the Indian digital market – dawn of a new era?

Much of the competition world has turned its attention in recent years to the digital economy, prompting new questions about market definition, dominance and more. Khaitan & Co partner Sagardeep Rathi and senior associate Swati Bala take a close look at some of the key issues and cases.

20 April 2020

Takeaways from the DOJ’s ACPERA roundtable and proposed next steps

With the US Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) due to sunset on 22 June 2020, Gibson Dunn & Crutcher partner Scott Hammond explores questions around the effectiveness of ACPERA and how its “actual damages” principle is defined and applied.

17 April 2020

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