2008

In this issue: Antitrust in Times of Economic Crisis: A Global Perspective George Addy, Anita Banicevic, Mark Katz, Dec 15, 2008 Antitrust Legislation and Policy in a Global Economic Crisis—A Canadian Perspective To date, the approach of antitrust agencies has been anything but uniform. In Canada, the Competition Bureau has been silent on its views […]

This article is part of a Chronicle. See more from this Chronicle Stephen Wisking, Nov 29, 2008 The Court of Appeal’s decision makes is clear that an account of profits in a cartel case will only be available in very exceptional circumstances (for example, difficulties of proof of damages which are not the fault of […]

This article is part of a Chronicle. See more from this Chronicle Scott Martin, Nov 26, 2008 Although government challenges to alleged price discrimination under the Robinson-Patman Act (RPA) have been all but extinct for over two decades, and the RPA itself has suffered calls for repeal from various quarters and by successive generations of […]

In this issue: Antitrust Damages   Antonio Caruso, Ewoud Sakkers, Nov 30, 2008 Liability for Aiding and Abetting in EU Competition Cases: the Court of First Instance Confirms… Issuing prohibition decisions against those who assist in setting up, supporting, or sustaining cartel activity indicates that the European Commission has intensified its strategic fight against cartels, […]

The EC Pharmaceutical Report Kent Bernard, Nov 12, 2008 The 2008 EC Sector Inquiry Regarding Pharmaceuticals: What Does It Mean from a Research-Based Company Perspective? A sector inquiry is never pleasant for the sector involved. It is much like going to the dentist for a checkup. The best possible result is that after all is […]

In this issue: Ex Post Assessment of Regulation 1/2003 Stephen Kinsella, Anouck Meier, Oct 29, 2008 Decentralization or the Law of Unintended Consequences Five years on, the Commission is carrying out the scheduled review of the success of Regulation 1. To that end it has solicited comments from its “customers.” There are signs that it […]

This article is part of a Chronicle. See more from this Chronicle Renata Hesse, Oct 03, 2007 As someone who has spent a considerable portion of the last five years working on issues involving Microsoft’s conduct and the competition laws, I read with interest the commentary that followed the issuance of the Court of First […]

This article is part of a Chronicle. See more from this Chronicle Harry First, Sep 28, 2007 INTRODUCTION The CFI’s decision in Microsoft came as something of a surprise. In the run-up to its issuance, commentators had been predicting some sort of “split-the-difference” approach, seeing the Court as most likely upholding the Commission’s decision on […]

In this issue: More on Microsoft Harry First, Sep 28, 2007 Strong Spine, Weak Underbelly: The CFI Microsoft Decision The CFI’s decision in Microsoft came as something of a surprise. In the run-up to its issuance, commentators had been predicting some sort of “split-the-difference” approach, seeing the Court as most likely upholding the Commission’s decision […]

In this issue: Global Cartel Enforcement Heather Irvine, Sep 30, 2008 Amendments to the South African Competition Act he South African Department of Trade and Industry (“DTI”) has proposed significant amendments to the South African Competition Act (“Act”). These amendments focus on the powers of the Competition Commission (“Commission”) to investigate and prosecute prohibited practices […]

In this issue: Whole Foods: A U.S. Perspective Charles Biggio, Sep 01, 2008 Whole Foods Impact on Unilateral Effects Now comes the decision of the U.S. Court of Appeals for the D.C. Circuit, reversing the district court’s denial of a preliminary injunction. There are many interesting aspects of the D.C. Circuit’s decision, including the FTC’s […]

In this issue: From Inside the Agencies Ernesto Estrada Gonzalez, Apr 03, 2008 Competition Policy in Mexico The CFC faces significant challenges from cartel activity, prevailing regulatory restrictions on competition, and exclusionary practices undertaken by some of the most powerful corporations in Mexico. Margorzata Krasnodebska-Tomkiel, Aug 26, 2008 Competition Policy in Poland Poland created a […]