Competition Issues July 2009

Australian Consumer Law – Unfair Contract Terms
Middletons.com, July 27, 2009

The Federal Government has now introduced the new Trade Practices Amendment (Australian Consumer Law) Bill 2009 (Bill) into Parliament. The Bill, which will amend both the Trade Practices Act 1974 and the Australian Securities and Investment Commission Act 2001(ASIC Act), significantly narrows the prohibition against unfair contract terms compared to the Draft Exposure Bill. <<More>>

Commission Welcomes New Microsoft Proposals
Europa.eu, July 24, 2009

The European Commission can confirm that Microsoft has proposed a consumer ballot screen as a solution to the pending antitrust case about the tying of Microsoft Internet Explorer web browser with Windows.  <<More>>

Caution over Yahoo-Microsoft Advertising Link up
kohl.senate.gov, July 24, 2009

The deal between Yahoo and Microsoft – industry giants and direct competitors in Internet advertising and search markets – warrants careful scrutiny. There is a concern about competition issues in these markets because of the potentially far-reaching consequences for consumers and advertisers.  <<More>>

Regulations to be Overhauled
International Law Office, July 29, 2009

A working group under the Ministry of Employment and the Economy, Finland has published its long-awaited proposal for a comprehensive reform of the Act on Competition Restrictions (480/1992, as amended). The revised act is proposed to become effective as of January 01, 2010. The proposal includes several key amendments. <<More>>

New Head to Head Antitrust Agency
Global Competition Review, July 28, 2009

President Lee Myung-bak nominated Kim Joon-gyu, a former head of a district prosecutor's office, as the new prosecutor general. Lee also tapped Jeong Ho-yeol, a law professor at Sungkyunkwan University in Seoul, as new head of the Fair Trade Commission. <<More>>

Consumer Watchdog 'Falls Victim to Fraud'
Global Competition Review, July 27, 2009

Embarrassment for Office of Fair Trading (OFT) after its annual report reveals alleged fraud and compensation payment to staff member. It spends a lot of time warning the public about the dangers of scams, but Britain's main consumer watchdog today revealed that it believes it has lost US$423,467.61 after falling victim to an alleged fraud. <<More>>

Guidelines on Restructuring Aid to Banks
Global Competition Review, July 24, 2009

The European Commission has agreed a Communication explaining its approach to assessing restructuring aid given by Member States to banks. The guidelines, which are in force until December 31, 2010, explain in particular how the Commission intends to apply these principles in the context of the current systemic financial crisis, with a view to contributing to the return to viability of the European banking sector. <<More>>

Rules on Anti-monopoly Review Threshold
Global Competition Review, July 24, 2009

China announces measures for calculating business revenue of financial operators in their application for concentration deals under the Anti-monopoly Law. The document was jointly issued by the Ministry of Commerce, People’s Bank of China, as well as regulators of the banking, securities and insurance sectors on July 15, 2009.  <<More>>

Slovak Law Conforms to EU Law
Global Antitrust Weekly, July 24, 2009

The European Commission is satisfied that amendments made to the Slovak Competition Act have brought it into conformity with EU law by ensuring that the Slovak Competition Authority can apply EU antitrust rules to the electronic communications, energy and post sectors and has therefore closed its infringement procedure against Slovakia.  <<More>>

Law Framework for Motor Vehicle Sector
Global Antitrust Weekly, July 24, 2009

The European Commission is setting out policy orientations for the future legal framework for motor vehicle distribution and after sale services agreements after the expiry of the current Block Exemption Regulation (BER) in May 2010.  <<More>>

Amendments to Legislation
Global Antitrust Weekly, July 24, 2009

On July 20, 2009, Dmitry Medvedev, the President of the Russian Federation, signed amendments to the draft Federal Law on introducing amendments to the Federal Law on protection of competition and some other legislative acts of the Russian Federation and No.148369-5 draft Federal Law.  <<More>>

State of Competition Bemoaned
Global Antitrust Weekly, July 24, 2009

Speaking at a Neotel and Mail & Guardian business breakfast, South African Competition Tribunal chairperson David Lewis expressed concern about the state of competition in the South African economy. A variety of historical factors created an economy characterised by high levels of concentration.   <<More>>

Commission Investigates Tender Filing
Webber Wentzel, July 22, 2009

The South African Competition Commission has been investigating various aspects of the construction industry for more than two years after identifying it, as well as food and pharmaceuticals, as critical sectors in terms of consumer welfare. Evidence from competition authorities across the globe indicates that anti-competitive activity is widespread in the construction industry.  <<More>>

Tribunal Warming up to Act
Global Competition Review, July 17, 2009

The South African Competition Tribunal is eager to flex its muscles over the telecommunications sector, believing it could create a more affordable and fairer market than the sector's ineffectual regulator has achieved. South Africa's telecom costs were amongst the highest in the world, broadband penetration was pitiful and service levels were unacceptable.  <<More>>

Competition Test for Better Competition
Global Antitrust Weekly, July 16, 2009

The Competition Commission (CC), UK has set out its case for the competition test for grocery retailers concluding that the test will bring lasting benefits for consumers. In April 2008, the CC concluded that action was needed to improve competition in a number of local groceries markets and so included a recommendation for the inclusion of a competition test in planning decisions on larger grocery stores.  <<More>>

A Relationship under Strain
International Law Office, July 16, 2009

The underlying principle of Intellectual Property (IP) rights is to grant a monopoly right that enables the rights holder to prevent others from manufacturing, distributing, selling, using or similarly employing products or services that use the relevant IP rights without the owner or licensor's consent. However, competition law, including China's Anti-monopoly Law, aims to prevent monopolies and to safeguard fair market competition. <<More>>

New Approach to Small Merger Notification
International Law Office, July 16, 2009

The South African Competition Commission published guidelines in the form of General Notice 386/2009 on small merger notifications, which set out the commission's new approach to the notification of small mergers. A small merger which does not meet the specified financial thresholds set out in the Competition Act ordinarily need not be notified to the commission and can thus be implemented without commission approval.  <<More>>

Bank Associations Raided
Global Antitrust Weekly, July 14, 2009

The Bulgarian competition authority, the Commission for Protection of Competition, announced that it had conducted unannounced inspections at the offices of the Association of Banks in Bulgaria, following suspicions that commercial banks may have colluded on the setting of interest rates for both deposits and loans.  <<More>>

Tougher Cartel-busting Laws
Adelaidenow.com.au, July 14, 2009

The competition watchdog has put a million-dollar price tag on what constitutes cartel action serious enough to warrant jail time. The Australian Competition and Consumer Commission (ACCC) released guidelines for its beefed up cartel-busting powers, which become active on July 24, 2009.  <<More>>

Hungary´s Amended Competition Act Offers Some Innovative Options
Mondaq.com, July 10, 2009

Hungary's amended Competition Law suggests one solution to this balancing of interests: Article 88/D provides that actions against those undertakings claiming immunity under the Hungarian leniency programme are stayed until the Hungarian Competition Authority's decision becomes binding.  <<More>>

Activity Update
Competition-Commission.org.uk, July 09, 2009

The UK Competition Commission (CC) has published its Annual Report and Accounts for 2008-09. During the reporting year, the CC completed three major market investigations into Groceries, Payment Protection Insurance, and BAA, although work continues on implementing remedies following these investigations.  <<More>>

‘Failing Firms’ Alliances
Scoop Independent News, July 09, 2009

The New Zealand Commerce Commission has released draft supplementary guidelines on how merger and acquisitions applications involving the ‘failing firm’ argument will be treated.  <<More>>

Shortcomings Require Further Action
Europa.eu, July 08, 2009

Market entry of generic drugs is delayed and there is a decline in the number of novel medicines reaching the market, according to the European Commission's final report on competition in the pharmaceutical sector.   <<More>>

Enactment of new Law
CapitalBusiness, July 04, 2009

The Ministry of Cooperative Development, Kenya is set to come up with a new Sacco law that seeks to regulate the sector and offer good governance. The law, which is already in place, is awaiting gazettement and is set to be operational by September 2009.  <<More>>

Interim Measures
Comisión Nacional de la Competencia, July 03, 2009

Spanish Council of the National Competition Commission (Comisión Nacional de la Competencia – CNC) on July 01, 2009 resolved to adopt interim measures in the formal proceedings opened this past June 24 against five utilities for possible anti-competitive practices in the supply of electricity to end customers.  <<More>>

Consumer Credit Sector under Review
Office of Fair Trading, July 02, 2009

The Office of Fair Trading (OFT), UK launched a review into the supply of high cost credit as part of its ongoing Financial Services Strategy. The OFT estimates that the size of the high cost credit sector is up to US$57.5bn annually. The sector is characterised by loans which are often for small amounts, repayable over short periods, and with high annual percentage rates (APRs).   <<More>>

RBS, Lloyds Asset Sale
Global Antitrust Weekly,July 01, 2009

European regulators could compel Britain's state-controlled banks to sell chunks of their assets to comply with competition rules, the EU's top competition regulator said. The British government has spent billions of pounds to bail out RBS and LBG since the eruption of the global financial crisis in late 2007, in a bid to stabilise the fragile financial system.  <<More>>

Fast Food Chains to Sell Local Beverages
The World Trade Review, July 01, 2009

The Competition Commission of Pakistan (CCP) announced a decision under which international fast food chains will now also sell locally produced good quality non-alcoholic beverages at their outlets. The order was issued by the CCP in a complaint filed by the Pakistani Murree Brewery Company Ltd in August 2007 in which the company had said that international fast food restaurants McDonalds, Pizza Hut and Kentucky Fried Chicken (KFC) had refused to entertain its offer to sell its non-alcoholic beverages included Malt 79, Cindy, Lemon Malt, Original Lemonade and Big Apple.  <<More>>

Market Regulator for India
Indlawnews.com, July 01, 2009

It is an established fact that monopoly is bad for open market system and thus is considered as an anti-competitive trade practice. India is a very promising part of the global market for which there was a need to have a market regulator to curb the anti-competitive trade practices to let the open market forces work without any ploy from any section of players.  <<More>>

Amending Laws for Retailers
Global Competition Review, July 01, 2009

Increasingly price-conscious consumers are shopping around for the best prices and spurring more competition between retailers and their suppliers. This is causing prices to fall on a range of goods, thus, the Competition Authority has urged the government to reduce the cost of doing business in Ireland to help Irish suppliers compete and survive. <<More>>

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