Competition Issues June 2009

Termination at a Price!
Commerce Commission, June 30, 2009

The New Zealand Commerce Commission released its draft report recommending that the mobile termination prices should be regulated. The Commission also recommended that the undertakings submitted in lieu of regulation by Vodafone, Telecom and 2degrees should be rejected.  <<More>>

Supermarkets Probed
Global Antitrust Weekly, June 29, 2009

The Competition Commission of South Africa has initiated an investigation against major supermarket chains, Pick n Pay, Shoprite/Checkers, Woolworths and Spar (who together comprise more than 60 percent of the market by turnover), as well as the major wholesaler-retailers, Massmart and Metcash for alleged contraventions of the Competition Act.   <<More>>

CC Publishes Annual Report
International Law Office, June 25, 2009

The Competition Commission (CC) has published its 2008 annual report. According to the commission, 2008 was a year of activities designed to prevent distortions of competition. This update summarizes the activities undertaken by the commission during 2008.  <<More>>

Balanced Regulation
Europa.eu, June 18, 2009

The EU Merger Regulation (Regulation 139/2004) has contributed to more efficient merger control within the EU since it came into force on May 01, 2004. Turnover thresholds have in most cases been effective in distinguishing cases of EU relevance from those with a primarily national focus. Also, the improved system of case re-allocation between the Commission and the National Competition Authorities introduced in 2004 has allowed business to benefit from the Commission's "one-stop-shop" assessment and to have their cases reviewed by the more appropriate authority. <<More>>

CNC Fines Fine Wines
CNC, June 16, 2009

The Comisión Nacional de la Competencia (Spanish Competition Authority) has issued a Resolution levying a US$558,578 fine on the Regulatory Board for “Jerez-Xérès-Sherry” and “Manzanilla Sanlúcar de Barrameda” wines for approving and applying various arrangements based on the historical sales volumes of each wine seller in the said designations of origin that restrict competition between wine sellers and limit their freedom of trade.  <<More>>

Media Merger Regime
Oft.gov.uk, June 16, 2009

The Office of Fair Trading (OFT), UK has published its report on the local and regional media merger regime in the UK, as part of the Government's Digital Britain review. The OFT report, which focuses on local and regional newspapers, recognises that this industry is facing long-term structural changes. Advertising revenues are in steady decline as advertisers who would traditionally use the local press, increasingly use the internet to place adverts for houses, jobs and cars.  <<More>>

Text Message Prices Questioned
Kohl.senate.gov, June 16, 2009

US Senator Herb Kohl examined the state of competition in the cell phone industry and the causes of rising text message prices during a Congressional hearing in the Senate Judiciary Antitrust, Competition Policy and Consumer Rights subcommittee. This hearing follows a sharp increase in the price of text messaging and will examine whether this is evidence of lack of competition in a market which has become more concentrated.  <<More>>

Signs of Life but yet to Thrive
Accc.gov.au, June 16, 2009

While consumers have been rewarded with greater competition and investment in telecommunications, the current structure of the industry is likely to limit future pay-offs, the Australian Competition and Consumer Commission has concluded in its annual reports on competition and pricing in the industry. <<More>>

Attorneys Against Amendments
The Baltic Course, June 14, 2009

Latvia's most prominent attorneys have sent an open letter to Saeima committees and parliamentary groups, criticizing the planned amendments to the Competition Law. The amendments to the Competition Law that Saeima endorsed in the first reading will make the regulations on retail trade incompatible with the principles of fair competition and could have a negative effect on the Latvian economy. <<More>>

Competition Act Amendments
International Law Office, June 11, 2009

On May 6, 2009 the Belgian legislature amended the Competition Act. Most of the amendments - which came into force on May 29 2009 - are procedural and relatively unimportant, but the clarification of the prescription rules and the option of dismissing cases on policy grounds have caught the eye of competition lawyers.  <<More>>

Fines Proportionate to Degree of Crime
International Law Office, June 11, 2009

The District Court of Rotterdam recently ruled that the fines imposed by the Competition Authority in two construction industry fraud cases should be reduced due to the limited participation of the construction companies in the cartel.  <<More>>

Competition Act Amendments
International Law Office, June 11, 2009

On May 06, 2009 the Belgian legislature amended the Competition Act. Most of the amendments – which came into force on May 29, 2009 – are procedural and relatively unimportant, but the clarification of the prescription rules and the option of dismissing cases on policy grounds have caught the eye of competition lawyers.  <<More>>

Streamlined Authorisations of M&As
Infonews.co.nz, June 08, 2009

Following public consultation, the New Zealand Commerce Commission has developed a new streamlined authorisation process. This process has been designed to enable faster decisions for straightforward authorisation applications that have clear public benefits and a relatively limited impact on competition. Applicants will now have the option of applying for an authorisation under the streamlined process, if their application meets certain criteria.  <<More>>

ICN Conference Concludes
USDoJ.gov, June 05, 2009

The Eighth Annual Conference of the International Competition Network (ICN) concluded with agreement that it had been another successful year for the organisation. The ICN confirmed the appointment of the new Chair of the Steering Group, John Fingleton. Dr Fingleton holds the position of Chief Executive at the Office of Fair Trading in the United Kingdom. <<More>>

Draft Guidance on Anti-monopoly Law
International Law Office, June 04, 2009

Following in the footsteps of the Ministry of Commerce, the State Administration for Industry and Commerce (SAIC) of the People’s Republic of China, the Anti-monopoly Enforcement Agency body in charge of non-price related cases, has finally published its long-awaited draft guidance on the application of the Anti-monopoly Law in non-price-related cases.   <<More>>

Alliances to be Blessed
The Economic Times, June 08, 2009

All mega mergers and corporate restructuring deals in India will soon require the competition regulator’s approval as the government has set a three-month deadline for introducing such a regulation. “Certain areas still need attention, which is why the government hasn’t notified merger regulations so far,” Corporate Affairs Minister, Salman Khursheed said.  <<More>>

Phased Implementation of the Law
Livemint.com, June 07, 2009

India has had its own version of the competition law through the Monopolies and Restrictive Trade Practices Act, 1969. But an updated new legislation formulated for the liberalised and booming Indian economy, the Indian Competition Act (amended to Competition Act) was passed in 2002. While the act has been passed it has been put into forces in stages. <<More>>

Approval of Lucite Acquisition
International Law Office, June 04, 2009

On April 24, 2009 the Chinese Ministry of Commerce published its decision conditionally approving the proposed acquisition by Mitsubishi Rayon Co Ltd of Lucite International Group Ltd. Mitsubishi notified the proposed transaction to the ministry pursuant to the merger provisions of the Anti-monopoly Law on December 22, 2008. Following subsequent submissions, the ministry officially accepted the notification as complete and commenced its review process on January 20, 2009. <<More>>

No Refund for Unchallenged Decisions
International Law Office, June 04, 2009

Heijmans Beton- en Waterbouw (HB&W) had hoped to have a US$70,160.7 fine refunded on the basis of the Competition Authority's reassessment of a co-conspirator's fine. However, the authority did not agree. In April 2008 the Rotterdam District Court, Netherlands ruled on an appeal by Solétanche Bachy France against the authority's decision to fine it for concluding an allegedly anti-competitive cooperation agreement with HB&W.  <<More>>

Major Reform of Japan's Law
O’ Melveny & Myers LLP, June 04, 2009

On June 03, 2009, a number of amendments (the “Amendments”) to the Act governing the Prohibition of Private Monopolisation and Maintenance of Fair Trade (the “Act”) were passed by the National Diet of Japan. The Amendments comprise of several changes to the existing Act, including an increase in the number of potential leniency applicants accepted under the existing leniency programme, an extension of the statute of limitation for administrative orders, etc.  <<More>>

A 'Beyond the Borders' Interpretation
International Law Office, June 04, 2009

The National Commission for the Defence of Competition recently unveiled a new interpretation of the applicable exemptions to the mandatory notification procedure set out by the Antitrust Law (25,156). According to Commission, in certain cases the global value of the transaction, as well as the value of the assets that are being transferred, should be taken into account. This is in contrast to the earlier interpretation of the Antitrust Law, which required only an Argentine examination. <<More>>

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