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

The drafting of the competition law for Botswana took longer than it was anticipated due to capacity problems and lack of expertise since it is a very complex piece of legislation. The ministry was obliged to seek external help from the United Nations Conference on Trade and Development (UNCTAD) and engage in intensive consultations with the stakeholders. <<More>>

11 New Members Join the Competition Commission
Competition Commission Press Release, March 31, 2009

The Department for Business, Enterprise and Regulatory Reform, UK has appointed 11 new members to the Competition Commission comprising a Chairman, three Deputy Chairmen, two non-executive directors and around 45 panel members. The new members, all appointed for a period of eight years, are as follows: Robin Aaronson, Phil Evans, Simon Evenett, Roger Finbow, John Longworth, Robin Mason, Anthony Morris, Stephen Oram, Edward Smith, Tony Stoller and Roger Witcomb. The appointments have been made in accordance with the Office of the Commissioner for Public Appointments Code of Practice. <<More>>

Iraq: Capital Investment at Home
Investors Iraq, March 29, 2009

Iraq's industry ministry said the sector had sent an invitation to co-owners of the Iraqi capital to direct their investments into Iraq. Iraq is heading towards the enactment of laws for the protection of the domestic product and consumer protection and competition law, which is a strong impetus to the mixed sector companies that have been played again in spite of the difficult lending conditions and unfair competition. <<More>>

Germany Introduces Second Domestic Merger Control Threshold
International Law Office, March 26, 2009

On March 25, 2009 a bill came into effect amending, among other things, the Act against Restraints of Competition. The bill introduces a second domestic turnover threshold aimed at reducing the number of planned mergers which are subject to notification and control. <<More>>.

Authority Investigates Sport Facilities
AdC Press Release, March 18, 2009

The Portuguese antitrust authority has opened an investigation into 34 physical activity centres, gyms and health clubs, and one trade association. All are accused of agreeing to not pass on to final consumers the 5 per cent discount on VAT that government allowed for such services. The investigation follows a series of complaints filed to the authority in April 2008. <<More>>

CNC Investigates Barcelona’s Port
CNC Press Release, March 16, 2009

The Spanish antitrust authority has opened an investigation against the Port Authority of Barcelona and several associations involved in Barcelona’s harbour. All are accused of agreeing to set conditions that could have hindered access to the Port of Barcelona to various business associations and entities. <<More>>

Amendments to Canada Competition & Investment Act in Force
Torys' Competition and Antitrust bulletin 2009-2, March 13, 2009

On March 12, 2009, Bill C-10, which, in addition to implementing the government’s January 27 budget, would amend the Canadian Competition Act in a number of important areas, was passed by the Senate and subsequently received royal assent. As a result, the amendments are now in force (other than the changes to the criminal conspiracy provision, which are subject to a one-year transitional period). <<More>>

OECD Adopts Guidelines for Fighting Bid Rigging
OECD, March 12, 2009

The Organisation for Economic Cooperation and Development (OECD) Competition Committee adopted new Guidelines for Fighting Bid Rigging in Public Procurement on February 18, 2009. By drawing on the experience of more than 30 jurisdictions, the guidelines provide the most comprehensive strategy available for designing tenders to hinder bid rigging conspiracies and for uncovering existing conspiracies. <<More>>

Competition and Investment Canada Act Amendments on Anvil
National Post, March 12, 2009

The Senate is expected to pass Bill C-10, the budget Implementation bill, which includes a stimulus plan wrapped around extraneous measures, such as controversial changes to the Competition Act and the Investment Canada Act. The amendments were never put before a Parliamentary Committee for review as stand-alone legislation. The proposed amendments also suggested the creation of a national securities regulator. <<More>>

Italy Opens Plasterboard Investigation
Reuters, March 10, 2009

Italy's Antitrust Authority has launched an investigation into Saint-Gobain's Italian unit over possible abuse of its dominant position in the nation's plasterboard market. The probe will check whether the Saint-Gobain unit's behaviour prevented a new market entrant. The authority has until March 31, 2010, to complete its investigation. <<More>>

Romania Reforms Mobile Rates
Cellular News, March 05, 2009

The European Commission says that it has welcomed the Romanian telecoms regulator's move to bring its regulation of mobile termination rates in line with the forthcoming Commission Recommendation. In the meantime, the Commission also called on the regulator to align the mobile termination rates charged by the third and fourth mobile operators in Romania with those allowed for the two largest operators. <<More>>

CAT Upholds Tesco Appeal
catribunal, March 05, 2009

The Competition Appeal Tribunal (CAT), UK has upheld Tesco plc’s application challenging the lawfulness of the Competition Commission’s (CC’s) decision to recommend the introduction of a competition test into the consideration of planning applications in respect of large grocery stores. The aim of the competition test was to ensure that local planning authorities withheld planning permission for the construction or expansion of a large grocery store if there was already a high level of concentration in the local market for large grocery stores, and the retailer applying for permission had a substantial part of the market. <<More>>

Significant Changes Proposed to the Competition and the Investment Canada Act
Mondaq, March 04, 2009

In a move that took many by surprise, the Canadian Government proposed significant changes to the country's competition law and foreign investment review process. These measures were introduced as part of the Government's budget implementation legislation, and accordingly, will be considered as part of the Government's economic stimulus package. <<More>>

MoE finalises draft laws on Competition, Investment
Business 24-7, March 03, 2009

The Ministry of Economy (MoE), UAE has finalised two draft laws on competition and investment, which are expected to help curb unjustifiable price hikes and stop unfair competition. Mohammed Al Shehi, Director General of the MoE, said the ministry expects the two laws, which will enable it to protect consumers, monitor prices, achieve fair competition and fight monopoly. <<More>>

Competition Bureau Publishes Bulletin on Efficiencies in Merger Review
Competition Bureau Press Release, March 02, 2009

The Canadian Competition Bureau has published its Bulletin on Efficiencies in Merger Reviews. The Bureau explained that the purpose of the Bulletin is to provide, as a supplement to the Merger Enforcement Guidelines, practical guidance to assist merging parties in understanding the Bureau’s enforcement approach in this area. The Bulletin outlines the information that would be useful to the Bureau in its analysis of efficiency claims and clarifies the Bureau’s approach to certain policy issues, such as dynamic efficiencies and gains in efficiency that are likely to be generated outside of Canada. <<More>>

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