A number of ICN members recently issued guidelines, drafts for comments, or other initiatives. We invite you to share information about activities in your jurisdiction, by sending an e-mail to icn@ftc.gov.
Japan: On October 28, 2009, the Japan Fair Trade Commission (JFTC) published its Guidelines for Exclusionary Private Monopolization under the Antimonopoly Act. The guidelines set out the JFTC’s investigation policies for cases involving “exclusionary private monopolization,” that is, acts to exclude the business activities of other entrepreneurs “thereby causing, contrary to the public interest, a substantial restraint of competition in any particular field of trade.” The Antimonopoly Act was amended in June 2009 to introduce fines for exclusionary private monopolization. As well as explaining how the JFTC will prioritize investigations of such conduct, the guidelines identify the types of conduct that may be regarded as exclusionary, and describe the factors to be considered when determining whether exclusionary conduct restrains competition in the defined field of trade.
New Zealand: On October 30, 2009, the Commerce Commission released guidelines explaining how the Commission will assess “failing firm” claims in reviewing applications for mergers and acquisitions. The guidelines are intended to assist businesses and their legal representatives, and outline the types of evidence that the Commission may require to assess those claims.
France: On December 16, 2009, France published new guidelines on mergers and acquisitions which replace those published in 2004 by the former merger control authority, , the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF). The new guidelines outline the merger control procedures of the new competition authority, the Autorité de la concurrence, and include lower notification thresholds, an accelerated timeframes procedure, and more simplified notification procedures.
Canada: On December 23, 2009, the Competition Bureau issued new Competitor Collaboration Guidelines aimed at advancing transparency and predictability regarding its assessment of competitor collaborations. The guidelines will assist firms in assessing the likelihood that a collaboration between or among competitors would raise concerns under the criminal or civil provisions of the Competition Act and, if so, whether the Commissioner would commence an inquiry in respect of the collaboration.
European Union: On January 6, 2010, DG COMP published detailed explanations of how European Commission antitrust procedures work in practice in order to enhance the transparency and the predictability of Commission antitrust proceedings. The explanations are outlined in three documents: Best Practices for antitrust proceedings, Best Practices for the submission of economic evidence (both in antitrust and merger proceedings) and Guidance on the role of the Hearing Officers in the context of antitrust proceedings.
Sweden: On January 15, 2010, the Swedish Competition Authority published its policy setting out its priorities for dealing with competition and procurement matters.
Pakistan: On January 19, 2010, the Competition Commission of Pakistan announced it had established an Office of International Affairs (OIA) in response to its increasing involvement with international organizations such as the ICN, UNCTAD, and OECD. The OIA will also explore bilateral relationships with its counterparts globally.