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Competition Policy International recently announced that Poland’s competition regulator, the UOKiK, is seeking public comment on proposed amendments to the competition and consumer protection law. The essential changes concern improving the merger control system, detection, and the leniency program.

The UOKiK proposes a two-phase procedure for merger proceedings: a 30-day period for “transactions raising no doubts.” and four months for more complex cases. Moreover, the UOKiK is to inform parties of their concerns during proceedings for complex cases, to give them a chance to be heard before a decision is to be reached. In addition, the deadline for divestitures required for the UOKiK’s conditional consent will no longer be disclosed, as such public information was found to significantly lower the negotiating position of the divesting party.

A significant proposal is to add individual liability for antitrust violations. The leniency program is also to be expanded to reduce individual fines in exchange for cooperating with the UOKiK in investigations.

The draft amendments are available on the UOKiK website (Polish only). Comments are to be sent by June 5.

Expedited review and an opportunity to be heard during the merger review process are advocated by the ICN Recommended Practices for merger notification and review procedures.

 

Last week at the network’s 11th annual conference in Rio de Janeiro the ICN confirmed the selection of the network’s new Steering Group chair, Eduardo Pérez Motta, head of Mexico’s Federal Competition Commission (CFC). He succeeds John Fingleton, Chief Executive of the United Kingdom’s Office of Fair Trading.

In addition to pledging to continue the superb work already underway, Mr. Pérez Motta outlined three priorities for his tenure: enhanced member engagement, improved hands-on assistance to members, and greater visibility for competition policy and principles.

Enhanced member engagement continues to pose a challenge for the network, which has grown from 16 to 123 members in a decade. Mr. Perez Motta is committed to ensuring that the ICN’s work responds as much as possible to its members’ needs. This will require continuing to produce the work products most valued by members, including workshops, recommended practices, and other mechanisms to promote cooperation and convergence.

Direct assistance to members envisions a growing advocacy role for the ICN with its own members. This represents a significant step forward from the ICN’s understandably cautious approach in its early years but builds on recent steps in this direction over the past few years. Mr. Pérez Motta envisions that, at member request, the ICN will advocate its best practices and other work product in support of domestic reforms. Mr. Pérez Motta believes that the ICN can be a voice for consumers, whose interests are often underrepresented because they are diffuse, whereas the interests of those opposing the application of competition principles tend to be concentrated and well-organized. He notes that the ICN’s support and best practices have been important in achieving legislative and agency reforms in Mexico, and he seeks to help other members benefit from such support.

Increasing the visibility of competition policy and principles in the domestic and international arenas may be the most ambitious of Mr. Pérez Motta’s goals. His vision statement recognizes that anticompetitive government restraints stifle growth, retard innovation, and reduce the welfare of millions across ICN member economies, and that these costs are often borne disproportionately by the poor. He explains that promoting competition policy requires persistence, showing policymakers how competition policy is consistent with their goals or even how competition policy can help them achieve their goals. The ICN can play a valuable role by harnessing its collective experience and expertise to provide concrete guidance on principles for formulating and implementing competition-friendly policy. This initiative enables the ICN to promote its procompetitive agenda to a wider audience, reflecting the maturity of the network in its second decade.

The complete vision statement is available on the ICN website.


The winners of the inaugural Competition Commission of Singapore Digital Animation Film Contest were unveiled on Monday, 9 April 2012. Jointly organised by CCS and Nanyang Polytechnic’s School of Interactive and Digital Media, the official education partner, the contest aims to raise awareness of competition law in Singapore, generate greater understanding of how competition law operates and inform viewers of the benefits of CCS’ enforcement of competition law. There are links to 7 animated films. To view the trailer of all entries for the contest, please click here.

The Competition Commission of Singapore recently posted the first issue of the CCS e-newsletter. This quarterly newsletter will endeavour to bring you all the latest news, insights, developments and items of interes from the CCS.

Merger Review Cooperation

April 23rd, 2012

The JFTC has described ICN’s approval of a Framework for Merger Review Cooperation within the Merger Working Group.

We are pleased to invite you to the 19th St. Gallen International Competition Law Forum ICF on June 7th and 8th 2012  Once again, leading experts in national, European and international competition law will come together to discuss and share their ideas on the latest trends and developments in the field and their practical implications.

The St. Gallen International Competition Law Forum ICF prides itself on being one of the most established events of its kind in Europe. It attracts influential policy shapers, this year, for example, Joaquin Almnuia (European commissioner for Competition), Andreas Mundt (President of the German Competition Authority) or William Kovacic(Former Commissioner of the U.S. Federal Trade Commission) as well as internationally renowned academic experts and leading business practitioners.

You will find all information on the conference in the programme flyer (LINK) and under www.sg-icf.ch. As places are limited, we encourage early registration – via the attached form or online on our website – to ensure your place as soon as possible.

If you have further questions, please do not hesitate to contact the Institute of European and International Business Law.

We very much look forward to seeing you this Summer in St. Gallen!

The Newcastle Law School will be holding a competition conference,  BIS Consultation on a Competition Regime for Growth: One Year On April 13, 2012 from 9:30 A.M. – 5:00 P.M.

This conference provides a forum for advancing debate and developing a deeper cross disciplinary understanding of the effectiveness of key aspects of the current UK competition law regime, and will critique the UK Government proposals for significant reform. The conference will engage leading experts in the field from diverse disciplinary and institutional perspectives in order to explore the rationale for the reforms and how best to ensure a strong and effective competition regime exists in the future.

There are over ten speakers and panelists scheduled to participate including Peter Freeman (Chair of the Competition Commission) and Professor William Kovacic (former Chairman of the US Federal Trade Commission).

For more information, please see the attached flyer or visit the website.

The Commission for the Defense and Promotion of Competition (CDPC) voluntarily submitted to a Peer Review of Competition Policy in Honduras under the Latin American Competition Forum, sponsored by the Organization for Economic Cooperation and Development (OECD) and the Interamerican Development Bank (IDB), held in Bogota, Colombia, last September, but its presentation of its findings to the public and private sectors of Honduras, was conducted on 27 February this year in the city of Tegucigalpa.

Attached are the press releases in English and Spanish.

The review document document can be obtained at the following web addresses:

(in English)

(in Spanish)

Antitrust Reform in Germany

April 1st, 2012

Today the German government revealed its refined proposal for an amendment to the German antitrust statute.

Key points include:

  • Giving consumer associations the right to file actions aimed at scooping off cartel profits
  • Extending the applicability of German antitrust law to pubic health insurance funds
  • Renewing the sector-specific pricing rules for (dominant) suppliers of electricity and gas
  • Refining the rules on dominance and the protection of small and medium-sized companies

The bill does not provide for an introduction of collective actions, nor does it include a provision that would exempt leniency applications from third-party access – the later point having been addressed in a recent court ruling, which obliges the German antitrust agency to grant third-party claimants access to non-confidential versions of fining decisions and seized documents, but not leniency submissions.

The bill is expected to pass through the legislative process over the next few months. The full text is available (in German) at http://www.bmwi.de.

The Stockholm City Court has ordered Telia Sonera to pay a fine of SEK 144 million (15 million euro) for margin squeeze in the Swedish broadband market ADSL, in a case brought by the Swedish Competition Authority. The verdict on 2 December 2011 follows the preliminary ruling on the case by the European Court of Justice, which stated that margin squeeze can constitute an abuse of dominance position even when there is no legal obligation to supply. The following article was originally published in the ECN Brief 1/2012.

Canada: Guidelines

March 23rd, 2012

The Canadian Competition Bureau has announced revised draft Enforcement Guidelines on the Abuse of Dominance Provisions for comments. The revised draft Guidelines are available on the Bureau’s Website. The Guidelines provide a concise overview of the Bureau’s enforcement approach to the abuse of dominance provisions.