CUTS Centre for Competition, Investment & Economic Regulation (CUTS C-CIER)

France’s new competition watchdog, the Autorité de la Concurrence, is now operational. The Autorité replaces the Conseil de la Concurrence, and the reform now gives France a single independent competition authority in charge of all aspects of competition policy. The new authority will notably be responsible for merger control, previously a prerogative of the Minister of the Economy, and will be the recipient of national notifications from March 02, 2009. It will also now be able to issue public opinions on competition matters and address recommendations to the government of its own initiative. <<More>>

Competition Bureau Allows Beef Packing Merger
Competition Bureau Press Release, February 27, 2009

The Competition Bureau of Canada announced that it will not at this time challenge the acquisition by XL Foods Inc. of the beef packing plant operated by Lakeside, the Canadian subsidiary of Tyson Foods, Inc. However, the Bureau intends to closely monitor the industry and will reassess the competitive impact of the transaction once the outcome of US labelling measures, and the US packers’ response to these measures, are clear. <<More>>

CC Publishes Groceries Code of Practice Order
Competition Commission Press Release, February 26, 2009

The Competition Commission (CC), UK has published a draft Order for consultation which will see the creation of a new strengthened and extended Groceries Supply Code of Practice (GSCOP). The GSCOP will stipulate that its provisions, which include an overarching fair dealing provision, are included in every contract between grocery retailers with turnover in excess of GBP1bn per annum and their suppliers. <<More>>

Commerce Commission to Review Anti-competitive Practices
Commerce Commission Media Release, February 25, 2009

The Commerce Commission, New Zealand is undertaking a review into the effectiveness of enforcement surrounding section 36 of the Commerce Act. Section 36 refers to prohibiting the abuse of market power with the intention of reducing competition, and almost all competition law arrangements around the world include similar provisions. The review aims at studying the Commission’s performance in the enforcement of this area and at improving its effectiveness. <<More>>

OFT Launches Housing Market Study
OFT Press Release, February 25, 2009

The Office of Fair Trading (OFT) has formally launched a market study into home buying and selling. The study aims to assess the degree of competition on price and quality between service providers, principally estate agents, and will also consider the ease with which new business models may enter the market, most notably Internet-based models. <<More>>

CC Sets Out Best Practice for Economic Analysis
Competition Commission Press Release, February 24, 2009

The CC has published a short document outlining guiding principles for parties to follow when making submissions involving formal economic modelling and sophisticated empirical analysis to the CC as part of an inquiry. The principles are designed to help parties make their submissions as effective as possible whilst preventing the dedication of excessive CC time and resources to the understanding of the layout of any econometric evidence submitted. <<More>>

Turkey Unveils New Enforcement Regulations
Mondaq, February 23, 2009

Turkey's Competition Authority has issued leniency and fine determination regulations, the first such programmes to be introduced in the country. This is a new era in Turkish antitrust enforcement. <<More>>

Greek Cartel Protester Enters 14th Day of Hunger Strike
Indymedia UK, February 19, 2009

The Hunger Strike of the Greek businessman,victim of a hard core Greek steel cartel has entered its seventh day in front of the Greek Competition Commission in central Athens. He officially complained and reported 2,5 years ago to the Greek Competition Commission and the Greek government a hard-core steel cartel, which destroyed his business, that was a model of development. <<More>>

Japan Fines Chemical Companies for Cartelisation
Japan Today, February 18, 2009

The Japanese Fair Trade Commission (JFTC) has fined two chemical companies a total of JPY11.7bn for forming a price fixing cartel in the market for vinyl chloride pipes, used for water supply and sewerage systems, between January 2004 and May 2006. Sekisui Chemical Co. was fined JPY8bn, the highest fine ever imposed on one company by the JFTC, and Mitsubishi Plastics Inc., a unit of Mitsubishi Chemical Holdings Corp. was fined JPY3.7bn. <<More>>

IT Companies Accused for Bid Rigging
Competition Bureau Announcement, February 17, 2009

The Canadian Competition Bureau found evidence indicating that several IT services companies in the National Capital Region secretly coordinated their bids in an illegal scheme to defraud the government by winning and dividing contracts, while blocking out honest competitors. Criminal charges have been laid against 14 individuals and 7 companies accused of rigging bids to obtain Government of Canada contracts for information technology services, the Competition Bureau announced. <<More>>

CC-OFT Agrees on Reviewing Orders & Undertakings
OFT Press Release, February 17, 2009

The Competition Commission (CC) and the Office of Fair Trading (OFT) have agreed a Memorandum of Understanding, the aim of which is to promote greater clarity on the framework for the process of reviewing merger, monopoly and market undertakings and orders. The Enterprise Act 2002 establishes that undertakings can be accepted and orders imposed by the CC following the referral of a merger, or a market investigation reference, by the OFT. <<More>>

Federal Judge Rules Minimum Markup Law Unconstitutional
The Lakeland Times, February 17, 2009

A federal district judge found Wisconsin's minimum markup law for gasoline to be unconstitutional, saying it violated federal anti-trust prohibitions on the restraint of trade between states. As long as the ruling by chief federal district judge Rudolph T. Randa of the Eastern District of Wisconsin stands, the state cannot enforce the law, formally known as the Unfair Sales Act, which requires retailers to sell gas at a price at least 6 percent higher than what they paid for it, or 9.18 percent higher than the average terminal wholesale price posted closest to them. <<More>>

A New Era in Turkish Antitrust Enforcement
Mondaq, February 17, 2009

The Turkish Competition Authority has enacted the expected secondary statutory regulations on the details of the leniency programme and monetary fines. Now that the recently-enacted amendments to Law no. 4054 on the Protection of Competition ("Law No. 4054") have introduced a stricter and more deterrent fining regime, coupled with a leniency and immunity programme for companies; the implementation steps for the new revised legislation are now being taken. <<More>>

Proof for Vertical Agreements in French Case Law
Mondaq, February 17, 2009

Historically, competition authorities started to apprehend vertical anti-competitive agreements after horizontal anti-competitive agreements. After a period of systematic sentencing, practices evolved and some competition authorities even abandon the prohibition per se of resale price fixing, in the context of vertical anti-competitive agreements, in favour of the "rule of reason". However, recent French case law shows that the Competition Council has a more restrictive analysis for the evidentiary standard in cases of vertical anti-competitive agreements. <<More>>

Australia-South Africa to Criminalise Cartel Offenses
Mondaq, February 17, 2009

Two more jurisdictions, Australia and South Africa, may now join the growing number of countries that impose criminal penalties for antitrust violations. The legislatures in both countries recently introduced legislation that amends their competition law statutes to criminalise cartel offenses. This is part of an international trend, as nations on five continents now follow the US' approach of criminally prosecuting individuals (and corporations) for the most serious antitrust violations. <<More>>

OFT to Seek Views on Merger Regime Review
OFT Press Release, February 13, 2009

The OFT is seeking views from interested stakeholders on the scope of its review into the local and regional media sector. The review will consider, inter alia, the extent to which print markets are self contained either in relation to advertisers or to readership and the subsequent implications for market definition, and the degree of competition between public service broadcasters and commercial local media services. <<More>>

FTC Prefers Dynamic Efficiency
The Antitrust Hotch Potch, February 09, 2009

A new report from the US Federal Trade Commission shows that it’s staff are more likely to accept claims of dynamic efficiencies when reviewing mergers than any other type of efficiencies claim. The study also shows that, in general, the Commission's bureau of economics has over the past decade been more willing to accept efficiency claims than the bureau of competition. <<More>>

DOJ Releases Antitrust Amnesty Agreements
Law.com, February 09, 2009

In an unprecedented move, the US Department of Justice released antitrust amnesty agreements that it has signed with some 100 corporations since August 1993. The release was part of a settlement of a Freedom of Information Act suit against the government, which also agreed to pay US$40,000 in attorney fees to the law firm of White & Case. <<More>>

Authority Circulates Guidelines for Quantifying Fines
CNC Press Release, February 02, 2009

The Spanish competition authority, the Comisión Nacional de la Competencia (CNC), has published the latest set of guidelines used to quantify sanctions for violations of Articles 1, 2 and 3 of the Spanish Competition Law and Articles 81 and 82 of the European Community law. The document details the CNC’s interpretation of Spanish and European Competition Law and defines the factors that the authority will consider when determining fines for infringements. The objective of the CNC is to improve the transparency and objectivity of sanctions and to further dissuade potential offenders by raising public awareness. <<More>>

FAS Opposes Successful Gazprom Appeal
Federal Anti-monopoly Service, February 02, 2009

The Federal Antimonopoly Service (FAS Russia) disagrees with the ruling of the St Petersburg Arbitration Court, which cancelled the administrative fine imposed upon «Gazprom Neft» OJSC for violations of the antimonopoly legislation (abusing dominant position) until the final decision on validity of the FAS Russia's conclusions, that actions of the oil company were illegal, is made. <<More>>

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