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Competition Issues November 2009

Agriculture Conglomerate Draws Scrutiny
UPI.com, November 29, 2009

Antitrust scrutiny of agriculture conglomerate Monsanto has high stakes for US farmers and its competitors. Monsanto has abused its unlawfully acquired monopoly power to block competition, thwart innovation and extract from farmers unjustified price increases of over 100 percent in recent years. <<More>>

CCP Gets a New Lease of Life
The Dawn, November 27, 2009

Pakistani President Asif Ali Zardari re-promulgated the Competition Ordinance 2009, ending apprehensions that the government would give in to the pressure of business cartels which are against the Competition Commission. <<More>>

Joaquín Almunia – New Commissioner
Europa Press Release, November 27, 2009

Joaquín Almunia, 61, has been appointed to serve as the next Commissioner of Competition, to replace Neelie Kroes. A Spanish socialist, Almunia was previously Economic and Monetary Affairs Commissioner, and is credited with having helped steer the EU through the recession. <<More>>
 

Pro-Competitive Commitments
Konkurrencestyrelsen.dk, November 25, 2009

The Danish Competition Council has concluded commitments with members of the Danish Forrest Association to improve the terms of competition on the market for round wood. <<More>>

Association gives Voluntary Undertaking
Konkurrrensverket.se, November 25, 2009

A trade association for laboratory companies has voluntarily undertaken to change its general provisions so as to avoid contravening the Swedish competition rules. The association is an umbrella organisation for private laboratory companies. <<More>> 

Hatch, Kerry Lead 59 Senators
United States Senator Orrin G Hatch, November 24, 2009

John Kerry and Orrin Hatch led 59 senators from both sides of the aisle in respectfully requesting that the European Commission complete its investigation of the Oracle-Sun merger clearance request as soon as possible. The US Department of Justice approved the plan in August, concluding the merger would not be anti-competitive. <<More>>

Mauritian Competition Law put into Gears
Mondaq.com, November 24, 2009

An apparently enthusiastic and skillful Competition Commission has been waiting in the wings since June 2009 to implement this important legislation and is rearing to go. <<More>>

Code of Conduct for Cards
The Star.com, November 23, 2009

Finance Minister Jim Flaherty is expected to unveil a proposed voluntary code of conduct for Canada's multibillion-dollar credit- and debit-card industries that includes a number of measures to tackle merchants' complaints they are being gouged. <<More>>

Ombudsman Criticises Maladministration
The New York Times, November 18, 2009

The European Ombudsman, P. Nikiforos Diamandouros, has criticised the Commission for “maladministration” – specifically, for failing to record their official minutes for a meeting they held in August 2006 with a senior executive of Dell.  <<More>>

Reappointment of John Fingleton
Department for Business Innovation & Skills, November 17, 2009

Consumer Minister Kevin Brennan announced the re-appointment of Dr. John Fingleton as the Chief Executive of the Office for Fair Trading (OFT), UK for a further five years from October 2010.  <<More>>

Bumpy Ride for the Law
The News International, November 16 & 13, 2009

The smooth sailing of the Competition Bill, 2009, in its existing shape seems difficult, as certain influential forces, from both sides of the political divide, are making desperate attempts to block its approval and introducing certain amendments, which may weaken its muscles. Federation of Pakistan Chambers of Commerce & Industry and trade bodies of the country, especially the stakeholders and the corporate sector, must be taken into confidence to make the amended law practically viable. Certain mafias and forces working against the public interest are propagating against the passage of the Competition Commission Law.

Advertising Restrictions Eased off for Doctors
The Competition Authority, November 13, 2009

The Irish Competition Authority welcomed the introduction by the Medical Council of the new Guide to Professional Conduct and Ethics for Registered Medical Practitioners which will ease restrictions on advertising by doctors. <<More>>

Clover Seeks Exemption
Business Report, November 13, 2009

The government is considering whether the Competition of Commission of India’s mandate to regulate corporate mergers, acquisitions and amalgamations should be restricted to sectors where the new regulator does not come in conflict with other regulators. <<More>>

Regulator Likely to Keep off Key Sector M&As
The Financial Express, November 16, 2009

The government is considering whether the Competition of Commission of India’s mandate to regulate corporate mergers, acquisitions and amalgamations should be restricted to sectors where the new regulator does not come in conflict with other regulators. <<More>>

OFT Launches Market Study
Office of Fair Trading, November 12, 2009

The Office of Fair Trading (OFT) has launched a market study into corporate insolvency. The study will look at the structure of the market, the appointment process for insolvency practitioners and any features in the market which could result in harm, such as higher fees or lower recovery rates for certain groups of creditors.  <<More>>

Proactive Measures by the Government
BusinessDay, November 11, 2009

The South African Competition Commission has proposed that the government and development finance institutions take proactive measures to support the entrance of new players in monopolistic markets to create more competition. Such intervention would be in addition to litigation against anti-competitive behaviour.  <<More>>

Vietnam on the Law
Law-of-vietnam.blogspot.com, November 11, 2009

The Competition Law deals with two specific issues: practices in restraint of competition and unfair competitive practices. Companies familiar with Western antitrust laws and trade regulations will find that Vietnamese Competition Law draws on some similar concepts. <<More>>

Cartel Confession gets Conditional Leniency
Competition Commission South Africa, November 11, 2009

The South African Competition Commission has granted Pretoria Portland Cement Company Ltd (PPC) conditional leniency from prosecution under the Competition Act, in exchange for PPC’s complete and truthful disclosure of all cartel activities between PPC and its competitors. <<More>>

MoU with US
Federal Trade Commission, November 10, 2009

The Federal Trade Commission and US Department of Justice signed a Memorandum of Understanding (MoU) on antitrust cooperation with the Russian antitrust agency, the Federal Antimonopoly Service (FAS), to promote greater cooperation and further strengthen the relationships between the US antitrust agencies and the FAS through technical cooperation and regular communication. <<More>>

Opportunities for more Competition
Australian Competition & Consumer Commission, November 10, 2009

The Australian Competition and Consumer Commission has noted encouraging signs of growing opportunities for new entry in the larger Australian container ports in its eleventh annual monitoring report on container stevedoring. <<More>>

Anti-competitive Conduct Investigated
Nortons Inc, November 10, 2009

The Tanzanian Fair Competition Commission is currently investigating allegations of anti-competitive conduct by SABMiller’s Tanzania Breweries Ltd (“SAB”). This follows a complaint lodged by Serengeti Breweries Ltd (“Serengeti”), SAB’s only competitor. <<More>>

New Regulations and Uncertainties
Livemint, November 08, 2009

Through the Competition (Amendment) Ordinance 2009 promulgated by the President of India on October 14, 2009, the competition law regime in India finally saw the end of the 40-year-old competition law regulator, the Monopolies and Restrictive Trade Practices Commission. <<More>>

Antitrust Chief to get Tough on Cartels
The Korea Herald, November 07, 2009

The Korean Fair Trade Commission Chairman Chung Ho-yul claimed his agency will take a tougher stance on cartels, saying that the watchdog has been too lenient on collusion. Chung said in a forum in Seoul that Korea has lagged in enforcing regulations on cartels.  <<More>>

Merger Norms would Benefit Industry
The Business Standard, November 06, 2009

The government expressed its commitment to make it mandatory for companies to seek anti-monopoly watchdog Competition Commission of India's approval for mergers and acquisitions, saying the move would benefit India Inc. <<More>>

Scrutinising Loan Prepayment Fines
Economic Times, November 04, 2009

The Competition Commission of India (CCI), India’s antitrust watchdog, is reportedly scrutinising the practice of certain major private banks and housing finance companies to charge fines for an early repayment of loans, following the receipt of complaints.  <<More>>

Coach Operators Fined
Competition Commission of Singapore, November 03, 2009

The Competition Commission of Singapore (CCS) has decided that 16 coach operators and their trade association, the Express Bus Agencies Association (EBAA), had engaged in price-fixing of coach tickets.  <<More>>

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