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Briefings in English - 2008

Hong Kong’s new competition law

On 6 May 2008, the Hong Kong government launched a second public consultation on a comprehensive, cross-sector competition law. This briefing will outline the key elements of the proposals that shape Hong Kong’s unique competition law, highlighting areas for which debate and uncertainty remain. (May 2008)

Proposed changes to the US national security review of transactions

The US Treasury Department recently issued proposed regulations completely updating and revising the existing regulations originally issued under Exon-Florio, which provides for national security review of foreign investments in the US. The proposal to some extent seeks to memorialise certain existing practices but also underscores the breadth of transactions potentially reviewable and the considerable amount of information required to be supplied as part of the review process. (May 2008)

Court upholds Deutsche Telekom margin squeeze fine

In May 2003 the European Commission fined Deutsche Telekom €12.6m for abusive pricing of access to its local fixed telecommunications network and required the infringement to be brought to an end immediately. The European Court of First Instance has now upheld the Commission’s decision in full. The Court’s judgment clarifies the relationship between sector regulation and competition law. (April 2008)

Facilitating compensation for breach of competition rules: the White Paper

The European Commission has put forward some potentially far-reaching and significant suggestions in its White Paper on damages actions for breach of EC Treaty antitrust rules, published on 3 April 2008. It recommends measures aimed at ensuring that all victims of anti-competitive behaviour are able to obtain full compensation for harm suffered. This is to be achieved through a combination of Community and member state action. Comments are invited by 15 July 2008. (April 2008)

President Bush issues changes to the Exon-Florio U.S. national security review process

President Bush has issued an Executive Order laying the groundwork for the implementation of changes to the U.S. national security review process called for by legislation enacted by Congress last year. It is expected that the Committee on Foreign Investment in the United States soon will issue proposed changes to the relevant regulations governing the review process. (January 2008)

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