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Briefings in English - 2006

New EU guidelines on leniency for companies involved in illegal cartels

The European Commission's new guidelines on immunity from fines and the reduction of fines in cartel cases came into force on 8 December 2006. The changes are welcome and continue the Commission's efforts to secure greater transparency and certainty for applicants, and to increase the degree of convergence between leniency systems within Europe and beyond. (December 2006)

Boundaries in indirect concerted practices and cartel leniency cases

The Court of Appeal's combined judgment in Argos and Littlewoods v Office of Fair Trading (OFT) and JJB Sports v OFT confirms that competitively sensitive information passed indirectly, but intentionally, from one competitor to another through a third party may well infringe UK competition laws. The judgment also has implications for the way in which the Competition Appeal Tribunal reviews penalties imposed on cartelists by the OFT - in particular the need to ensure that those fined are not unequally treated compared to those granted immunity. (October 2006)

EU regulatory framework review in full swing

The European Commission held a one-day public workshop in Brussels on 10 October 2006, providing an opportunity for stakeholders to express their views on the consultation documents published by the Commission last July in the context of its review of the EU regulatory framework for electronic communications. (October 2006)

Competition court in the dock

The CBI's recent call for a European competition court has rekindled a long-running debate about how Brussels' merger decisions should be reviewed. Deirdre Trapp looks at the background to the CBI's proposals and suggests an alternative way forward. Published in Legal Week, 26 October 2006.

Restrictions on parallel trade – a change in direction?

The European Commission has traditionally been hostile to distribution arrangements that limit parallel trade. It has taken the view that agreements incorporating these restraints have as their 'object' the restriction of competition and therefore automatically infringe article 81(1); and that such agreements are most unlikely to satisfy the conditions for exemption under article 81(3). In its judgment in GlaxoSmithKline Services Unlimited v Commission on 27 September 2006, the EC Court of First Instance (CFI) called the making of such 'quick' assumptions into question, at least in the context of agreements operating in the pharmaceuticals sector. (October 2006)

New Belgian Competition Act: the dawn of a new era?

A new Competition Act will enter into force in Belgium on 1 October 2006. The new regime introduces major institutional, substantive and procedural changes and brings Belgian competition law further in line with EU competition law. (September 2006)

Proposal for a general competition law for Hong Kong

The Competition Policy Review Committee (CPRC) issued a set of recommendations (CPRC Recommendations) in June 2006 advocating the adoption of a general, economy-wide competition law (proposed competition law). This note briefly outlines the current sector specific competition framework and then considers key aspects of the CPRC Recommendations. (August 2006)

Transatlantic merger control

The convergence of EU and US merger enforcement policy in recent years has given rise to a new set of strategic considerations for parties embarking on transatlantic transactions. It is now clearly imperative that merging parties co-ordinate their legal strategy across jurisdictions very carefully indeed, taking into account the greater legal accord and increased communication between competition agencies in the US and EU. (July 2006)

A flurry of EU regulatory activity in the telecoms sector

There has been a recent flurry of activity from the European Commission's services regarding legislation that will affect the EU's electronic communications sector. This briefing provides an overview of the three big issues on the horizon: the review of the regulatory framework adopted in 2003, a proposal for a regulation on roaming tariffs, and a possible sector inquiry into telecoms in 2007. (July 2006)

Article 82 update

Two recent events have contributed to the European Commission’s efforts to clarify the competition law principles applying to dominant firms (article 82 EC): the Commission’s public hearing on 14 June regarding exclusionary abuses and the publication of the decision (now on appeal) by which the Commission last year fined AstraZeneca €60m for abuse of patent and other regulatory laws.(June 2006)

Net tightens around anti-competitive behaviour

Anti-cartel enforcement is being stepped up in the UK and Ireland, particularly against individuals. This briefing looks at three recent developments that show this. (April 2006)

Supreme Court upholds joint venture pricing decision

This briefing looks at the important aspects of the recent Supreme Court ruling in Texaco v. Dagher, which examined the validity of a joint venture's pricing decision. (March 2006)

U.S. Supreme Court limits antitrust suits against IP owners

A recent Supreme Court holding makes it easier for companies to defend themselves against allegations of unlawful tying arrangements involving intellectual property (IP). (March 2006)

FTC announces merger process reforms

This briefing examines the Federal Trade Commission's announcement of merger process reforms under the Hart-Scott-Rodino Act and provides a summary of the specific proposals to change the "Second Request" process. (February 2006)

Supreme Court clarifies secondary line price discrimination

This briefing examines the recent U.S. Supreme Court ruling in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., which considered potential liability under the Robinson-Patman Act in a case where a manufacturer offers different wholesale prices to dealers in competitive bid situations. (January 2006)

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