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Competition Issues May 2009

Swedish Court Slams down on asphalt cartel
The Swedish Wire, May 28, 2009

The Swedish Marketing Court slams down on the Swedish building companies NCC and Peab after a long-drawn asphalt cartel investigation. NCC, second biggest builder in Sweden, have been ordered to pay a higher competition-impeding fee than previously set by the City court. The fee is to be raised from US$19.12mn to US$25.5mn.  <<More>>

Bilateral Agreement on Competition
Global Antitrust Weekly, May 25, 2009

The European Commission welcomes the signature in Seoul of a cooperation agreement on competition enforcement between the EU and the Republic of Korea. The agreement aims at fostering the effective application of competition laws by promoting cooperation between the Commission and the South Korean competition authority.  <<More>>

Antidote to Antitrust Behaviour
Business Day, May 25, 2009

Corporate leniency has greatly strengthened the competition authorities’ fight against anti- competitive behaviour that has been going on for many years. The leniency policy, which is in line with international trends, has so far proved to be a useful tool to uncover cartel conduct and related transgressions. <<More>>

National Products to be Legally Protected
Business & Economy, May 23, 2009

Dr Yahya al-Mutawakel, the Minister of Industry and Trade, Yemen, announced the government’s adoption of a draft law to protect national products. The law aims to counter the negative effects of Yemen’s joining the World Trade Organisation (WTO).  <<More>>

Banks Defend Themselves
The Namibian, May 22, 2009

In a recent article in The Namibian headlined ‘Banking inquiry reveals shocking fees’, a South African expert was quoted as saying that some bank charges seem to have no basis in actual services delivered. She also said there seems to be little direct competition between banks. In response to this article, the Bankers’ Association of Namibia (BAN) President Mpumzi Pupuma responded to some of the claims made. <<More>>

Empowered Federal Law
International Law Office, May 21, 2009

Following a forum organised by Congress in connection with the global economic downturn, the public and private sectors have expressed their desire to increase competition in the Mexican economy. In order to do so, the powers of the Federal Competition Commission (FCC) need to be strengthened. <<More>>

Proviso to the Law
International Law Office, May 21, 2009

The state of Maryland recently added a new provision to its state antitrust law to prohibit minimum resale price maintenance agreements between a supplier and its reseller customers. Maryland has now joined a number of other efforts to limit the effects of the 2007 Supreme Court Leegin decision, which held that these agreements would no longer be regarded as illegal per se under federal antitrust law and would instead be subject to review only under the more flexible rule of reason <<More>>

Antitrust Laws Toughened in India
The Financial Times, May 20, 2009

The Competition Commission of India (CCI) and new anti-monopoly laws have finally been introduced in India following the revised Competition Act, which was first introduced in 2002 and then amended in 2007. The CCI will replace the Monopolies Commission and will have powers to tackle cartels and abuses of dominant position by local and international companies.  <<More>>

2009 Budget! – Its Impact
International Law Office, May 14, 2009

Chancellor of the Exchequer Alistair Darling published his Budget Report for 2009 on April 22. A number of the reforms included in the report have a potential impact on competition law and regulation. <<More>>

EU Slaps a Record Fine on Intel
BBC News, May 13, 2009

Computer chipmaker Intel has been fined a record US$1.45bn by the European Commission for anti-competitive practices. It dwarfs the US$673.8mn fine levied on Microsoft in 2004 for abusing its dominant market position. The Commission found that between 2002 and 2007, Intel had paid manufacturers and a retailer to favour its chips over those of Advanced Micro Devices (AMD). <<More>>

CADE Confirms Filing Criteria
International Law Office, May 07, 2009

On October 01, 2008 the Administrative Counsel for Economic Defence (CADE) issued a decision on the Cintinori/Jost merger filing which confirmed its previous interpretation of the filing criteria set out in Article 54, Section 3 of Law 8,884/94. <<More>>

Discussion Paper on Creeping Acquisitions
Global Anti-trust Weekly, May 06, 2009

A discussion paper on creeping acquisitions was released by Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen, MP. Creeping acquisitions occur when the acquisition of a number of individual assets or businesses over time do not result in competition concerns when considered individually, but when considered collectively competition concerns are raised.  <<More>>

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