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Competition Issues September 2009

Re-adoption of Concrete Reinforcing Bar Cartel Decision
Europa Press Releases, September 30, 2009

The European Commission has re-adopted a decision on a cartel in the concrete reinforcing bar sector in Italy, following the annulment of the previous decision by the CFI on October 25, 2007 on procedural grounds.  <<More>>

Antitrust Leaders Call for Cooperation
Howrey LLP, September 25, 2009

The leaders of the European Commission’s DG Comp and the US Department of Justice’s antitrust division advocated greater cooperation between competition enforcers at 2009’s international antitrust conference at Fordham University in New York. <<More>>

U.S. Chamber Urges Caution
Channelnewsasia.com, September 23, 2009
A study released on September 24, 2009 by the US Chamber of Commerce urged caution when using Section 5 of the Federal Trade Commission Act to enforce competition policy outside antitrust laws.
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Draft Rules on Anti-monopoly Law
International Law Office, September 24, 2009

Following in the steps of the Ministry of Commerce and the State Administration of Industry and Commerce, China, the National Development and Reform Commission – the third regulatory agencies making up the Anti-monopoly Enforcement Agency has issued long-awaited draft guidance on the application of the law's pricing provisions. <<More>>

Strengthening Financial Supervision
Europa Press Releases, September 23, 2009

The European Commission has adopted an important package of draft legislation to significantly strengthen the supervision of the financial sector in Europe. The aim of these enhanced cooperative arrangements is to sustainably reinforce financial stability throughout the EU.  <<More>>

Collective Action in the Pharmacy Sector
The Competition Authority, September 23, 2009

The Competition Authority has published its Notice in Respect of Collective Action in the Community Pharmacy Sector. The Notice provides guidance on the application of Irish and European competition law to collective action by community pharmacy contractors, and other health professionals, when engaging with the Health Services Executive. <<More>>

Efforts for Better Competition
Channelnewsasia.com, September 23, 2009
The United States said it wanted to review guidelines for company mergers and takeovers in a bid to forge greater competition and transparency as well to better protect consumers. The last revision of the guidelines was done in 1992.
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Merger Review Guidelines
Competition Bureau Canada, September 18, 2009
The Competition Bureau today published its Merger Review Process Guidelines. The Guidelines provide detailed guidance on the Bureau’s general approach to administering the new, two stage merger review process that came into force on March 12, 2009.
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Proposal To Repeal Antitrust Exemption
Leahy.senate.gov, September 17, 2009
The US Senate Judiciary Committee Chairman Patrick Leahy introduced legislation to eliminate a federal antitrust exemption for health insurance and medical malpractice insurance companies.
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Clampdown On Rule Breakers
Swedish Competition Authority, September 16, 2009
A government proposal whereby municipalities and public authorities in Sweden can be fined for failing to abide by the procurement rules has been welcomed by the country’s Competition Authority.
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Cross-Border Mergers of Limited Liability Companies
International Law Office, September 09, 2009
The Companies Law, which is in line with the European Union Cross-Border Mergers Directive, facilitates cross-border mergers involving Cypriot companies. All Cypriot companies may participate in a cross-border merger, except companies limited by guarantee and companies subject to liquidation.
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Amendment Act Signed into Law
International Law Office, September 17, 2009
On August 28, 2009 South African President signed the Competition Amendment Act (1/2009) into law. The date of its entry into force is yet to be announced, but the signing into law of the new act concludes a legislative process that began in June 2008 when the act was first tabled; it was finally passed by Parliament in October 2008.
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Policy must Stand Firm in Times of Crisis
Konkurransetilsynet Norwegian Competition Authority, September 10, 2009
The competition authorities of Norway, Sweden, Denmark, Finland, Greenland and Island have analysed how the present and previous economic crises have influenced the competition policy, and what lessons can be learned from those experiences. <<More>>

Best Practice Guidelines
International Law Office, September 10, 2009
In August 2009 the Norwegian Competition Authority published best practice guidelines on the conduct of merger control proceedings. The purpose of the guidelines is to improve the predictability of proceedings and establish an efficient review process. <<More>>

Non-compliance Harms Shareholders
International Law Office, September 10, 2009
There has been a noted decline in retailer shares in reaction to the South African Competition Commission's announcement that it would investigate a food retail chain for possible anti-competitive behaviour. <<More>>

Competition Essential for Successful Government Policy
International Law Office, September 08, 2009
The Office of Fair Trading has published a guide for policymakers on how they can identify and minimise unintended long-term impacts on markets when fulfilling other policy objectives. <<More>>

Reappointing the Chief Competition Economist
Europa Press Releases, September 08, 2009
The European Commission has reappointed Professor Damien Neven as the Chief Competition Economist for a further period of three years. The Commission decided exceptionally to reappoint Professor Neven for a further period of three years to ensure continuity in projects that last beyond a period of three years. <<More>>

BWB Takes LNG Suppliers to Court
Global Antitrust Weekly, September 04, 2009

The Austrian Competition Authority, BWB, has filed a request that the Vienna Cartel Court order the incumbent Austrian LNG suppliers to cease an alleged violation of section 5 of the Austrian Competition Act (Kartellgesetz) and Article 82 of the EC Treaty.  <<More>>

Draft Revised Leniency Policy
Commerce Commission, September 03, 2009

The Commerce Commission is seeking feedback from interested parties on its draft revised leniency policy on cartels. International and New Zealand experience demonstrates that an effective leniency programme is the single most effective tool available to detect cartels.  <<More>>

Proceedings Against Price Fixing
Australian Competition & Consumer Commission, September 02, 2009

The Australian Competition and Consumer Commission (ACCC) instituted proceedings in the Federal Court against PT Garuda Indonesia Ltd. PT Garuda is the tenth airline to be the subject of ACCC proceedings for alleged price fixing in the air cargo industry. <<More>>

Fee Slash for Individual and NGO Complainants
Indopia, September 01, 2009

Anti-competition watchdog Competition Commission of India has slashed substantially the fee for filing complaints by individuals and NGOs to Rs 5,000 from Rs 50,000 earlier, making it affordable for the aposaam aadmi&apos. <<More>>

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