|  Join ABA  |  Media  |  Contact
Advanced Search
Topics A-Z
 
Print This  | Page Feedback
 
Section of International Law: International Antitrust Law Committee

Section of International Law:
International Antitrust Law Committee


About the Committee

As Co-Chairs of the International Antitrust Law Committee, we welcome you to the Committee's award-winning website.

The Committee is an international network of antitrust practitioners and officials from many jurisdictions, including those with established and developing antitrust regimes. We provide a unique forum for practitioners and others with an interest in antitrust to learn about antitrust developments around the world as they happen, influence international antitrust policy and laws, and connect with an interesting and fun group of professionals from all corners of the globe.

During this 2009-2010 ABA year, we plan to build on our platform of award winning programs, publications and policy initiatives we have pursued in prior years. Last year, the Committee received awards from the leadership of ABA's Section of International Law for outstanding overall performance (Special Chair's award), best committee web site, and best program at the 2009 Spring Meeting (2008 Financial Crisis: What Do We Need After the Financial Meltdown? The Invisible Hand of the Market or the Visible Hand of Regulation?). Our Committee's success would not be possible without the energy, inspiration and involvement of our members and we welcome new suggestions and innovative ideas. This coming year, the Committee will have many opportunities for you to get involved in our publications, policy and programming, and we encourage the participation of all Committee members.

Publications: In addition to this web page, the Committee's publishing efforts include an active listserve, the annual Year-in-Review, and the Essentials of Merger Review project.

Listserve: Our Committee listserve enables members to share current information on antitrust developments around the world. The listserve is also a good way (along with this web page) to keep informed about the Committee's programs and activities. If you're not already a member of the listserve, we encourage you to join by using the link on the right-hand-side of this page.

Year-in-Review: The Committee annually publishes a Year-in-Review highlighting the latest competition law developments in jurisdictions around the world. Our most recent annual review (for 2008) covered more than thirty jurisdictions. You can find a link to several of our recent Year-in-Review publications on the right-hand side of this page. We are already beginning the process of identifying jurisdictional authors for our 2009 publication. Please reach out to our Vice-Chair for our Year-in-Review, Susana Cabrera (susana.cabrera@garrigues.com), if you are interested in contributing to this publication. With strong demand for these positions, we can't promise you that your jurisdiction will be available this year, but we will do our best to involve you in this publication.

Essentials of Merger Review: This ongoing Committee project provides an online resource for practitioners to learn the "essentials of merger review" in key antitrust jurisdictions around the world. We already have posted reports for 40 jurisdictions, and we recently created a user-friendly interface to guide you quickly to the information you need by clicking on an interactive world map. Please use the links on the right-hand-side of this web page to see these reports. If you'd like to prepare a report for a jurisdiction not shown or update information in an existing report, please contact the responsible Regional Supervisor.

If you have ideas or suggestions for other publications, we'd love to hear them, especially if you're interested in leading the charge.

Policy: On the policy front, our network of Committee representatives and contacts actively monitors prospective new competition laws and legislative/regulatory changes before they are implemented in jurisdictions around the world. When invited to comment, we frequently share our collective experience and suggestions on proposed new legislation and regulations for these jurisdictions to consider in refining and finalizing their proposals. Due to the frequency of these developments, the Antitrust Committee provides unparalleled opportunity to make an impact on policy and legislative developments in antitrust around the world. You'll find the numerous recent comments that the Section has helped prepare on the right-hand-side of this page.

If you'd like to participate in future comments, please join our listserve and keep an eye out for our emails, as we regularly send out requests for volunteers to prepare comments. In addition, we are looking for a volunteer to review our historical comments to identify general themes. We hope to prepare a template set of comments for ABA approval in order to enable the more rapid submission of future comments. Please let us know if you'd like to lead or assist in this effort.

The Committee representatives below are responsible for monitoring competition law developments and legislative/regulatory changes in each geographic region. The geographic regions are broad, so we would appreciate your assistance in keeping the Committee informed of competition law developments and prospective legislative/regulatory changes in your jurisdiction. Please advise the applicable representative below of any relevant developments in your region:

  • North America: David Beddow (dbeddow@omm.com) & Paul Crampton (pcrampton@osler.com)
  • South America: Bruno Peixoto (bpeixoto@lannapeixoto.com.br)
  • Europe: Par Remnelid (per.remnelid@vinge.se)
  • Asia/Pacific: Yee Wah Chin (yeewah.chin@gmail.com)

Programming: As evidenced by our award for best program at the 2009 Spring Meeting, the Committee develops terrific programs for the Section's seasonal meetings. Last year, we developed a 12-program track for the 2008 Fall Meeting in Brussels, attracting over 100 competition law practitioners to the meeting. We expect to sponsor programs at the Section's two main seasonal meetings (Fall and Spring) again this year. This year, the Fall Meeting will take place in Miami, from Oct. 27 to Oct. 31, and the Spring Meeting will take place in New York City, from April 13 to April 17. Attending our seasonal meetings is a great way to meet other Committee and Section members and get involved in our activities. For more on these meetings please see the Section's calendar link on the left-hand-side of this page. We also expect to also seek program proposals during the course of this ABA for the meetings during the 2010-11 ABA year, and we welcome your suggestions. Once again, please keep an eye out for our listserve emails regarding these opportunities.

The Committee also provides Brown Bag teleconferences on topical international antitrust issues on a regular basis throughout the year. Many of these programs are free or available at minimum cost. One of our recent teleconferences is described below this welcome note. In addition, the Committee presents CLE teleconferences, where participants can earn CLE credit.

If you have a suggestion or would like to help organize one of these programs, please contact our Vice-Chair for programming, Mark Katz (mkatz@dwpv.com).

As a member of this Committee, you will have access to a wide range of programs, publications and other Committee activities. You will also enjoy the unique opportunity to build your own network of antitrust colleagues around the world. One of the best aspects of the Committee is that we always encourage new faces, ideas and contributions; you can quickly become an integral part of what we do. In this regard, we are always interested in adding Committee Members to our Steering Group, which meets telephonically once-a-month and helps develop the Committee's agenda and activities. The Steering Group is also the source for future vice-chairs and chairs of the Committee.

Please let us know if you'd like to become a Steering Group Member. With your help, we look forward to making this our best Committee year to date!

Best regards,

Co-Chairs:

Fiona Schaeffer
Weil Gotshal & Manges LLP

David Schwartz
Wachtell, Lipton, Rosen & Katz


Committee Recognition

  • Special Recognition Award for Outstanding Performance in the 2008-2009 ABA Year
  • Best Committee Website
  • Best 2009 Spring Meeting Program "2008 Financial Crisis: What Do We Need After the Financial Meltdown? The Invisible Hand of the Market or the Visible Hand of Regulation?"


International Antitrust Committee WebLetter

2009 saw a number of significant changes in competition law enforcement in numerous jurisdictions around the world and 2010 is shaping up to be equally as exciting. For example, competition law authorities in China have begun to enforce the Antimonopoly Law of China which came into effect just over one year ago and Canada, Australia and Japan have each introduced significant changes to their existing competition laws. The competition agencies in Canada and the United States are under new leadership and a new Commissioner will take office in the European Union by the end of this year. Throughout the year, the International Antitrust Committee's WebLetter will bring you interesting developments in competition law from jurisdictions around the world.

UNITED STATES


Call for Increased Transparency for International Competition Authorities


In her keynote speech at the IBA's 13th annual competition conference in Fiesole, Italy, the Assistant Attorney General of the U.S. DOJ Antitrust Division, Christine A. Varney, spoke of procedural fairness, explaining that substance and process go hand in hand. Ms. Varney said transparency and cooperation enhance enforcement efforts. She called on competition agencies, international organizations, and the antitrust community to discuss procedural fairness more broadly, focusing on the opportunity to refine procedures that parties can understand and rely on as a means of removing unnecessary uncertainty from enforcement efforts. A copy of the speech is available at http://www.usdoj.gov/atr/public/speeches/249974.htm.


FTC's Competition Enforcement Database


The FTC has created an on-line resource to catalog the Commission's competition enforcement actions. Users can search for information by the type of violation (merger or nonmerger), action (consent order, injunction, or administrative complaint), industry, sector, and date. The database (http://www.ftc.gov/bc/caselist/index.shtml) currently contains records commencing in the fiscal year 1996 and ending June 30, 2009.


CANADA


Major Amendments to Canada's Competition Act


Significant changes have been made to Canada's Competition Act. On March 12, 2009, Canada enacted new legislation that ushers in the most fundamental changes to the Competition Act since 1986. Highlights include: dual-track "conspiracy" provisions (effective March 2010); penalties for misleading advertising; price maintenance and refusal to supply decriminalized; pricing practices repealed; Administrative Monetary Penalties (AMPs) for abuse of dominance; and new "second request" merger review process. For information on the amendments, visit http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_03036.html.


Draft Merger Review Guidelines Issued


On March 24, 2009, Canada's Competition Bureau issued draft Enforcement Guidelines on the Revised Merger Review Process (see http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02986.html). The draft guidelines describe the Bureau's general approach to implementing the new information gathering powers and time frames established by the recent amendments to the merger provisions of Canada's Competition Act that came into force March 12, 2009. The changes bring the Canadian merger review into line with the U.S. "second request" merger review process.


EUROPE


Chief Economist Reappointed to DG Comp


The term of the European Union's Competition Commissioner Neelie Kroes draws to an end October 31, 2009. In order to ensure a smooth transition when the new Commissioner is appointed, the DG Comp, in an unprecedented move, reappointed its Chief Economist, Damien Neven, for an additional three-year term. The Commission hopes that Neven's reappointment will ensure continuity in antitrust, merger and state aid projects. A copy of the press release is available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1287&format=HTML&aged=0&language=EN&guiLanguage=en.


AUSTRALIA


New ACCC Law Gets Tough on Cartels


The Australian Trade Practices Act 1974 has been revised, granting the ACCC greater powers to investigate and punish cartel activity with the introduction of a new civil cartel prohibition and criminal cartel offence. Serious cartel conduct will carry a jail term of up to 10 years and fines of up to $10 million. ACCC Chairman, Graeme Samuel, said Australia had been seen as the soft underbelly in international cartel operations. That has now changed. The ACCC issued guidelines on how it will approach its investigation of cartels. The guidelines address how the ACCC will investigate alleged cartel arrangements and when it will refer to the Commonwealth Director of Public Prosecutions for possible criminal prosecution. For further information, visit http://www.accc.gov.au/content/index.phtml/itemId/882220.


CHINA


China's Antimonopoly Law's First Year


The Antimonopoly Law of China came into effect just over one year ago. Draft regulations, rules and guidelines to supplement the new law were issued by the authorities in the early part of the year. The new law addresses antimonopoly law and merger control. This year, China used the new law to conditionally clear InBev NV/SA's acquisition of Anheuser-Busch Companies Inc. and to block Coca-Cola Company's acquisition of the Huiyuan Fruit Juice Company Ltd.


JAPAN


Japanese Antimonopoly Law Gets Amended


This summer, the National Diet of Japan passed a number of amendments to Japan's Antimonopoly Act. Some amendments are now in force and the remainder are expected to come into force early in 2010. Highlights include the expansion of types of conduct subject to surcharge payment orders (administrative monetary penalties), introduction of a pre-notification system for share acquisitions, review of the notification threshold, and an increase in maximum jail terms for cartels and bid-rigging. A summary of the amendments may be found at http://www.jftc.go.jp/e-page/pressreleases/2009/June/090603-2.pdf.





Section Related Products

Product is temporarily unavailable.

Join Us

- Join Our Committee
- Join Our COMMITTEE
- Join The ABA


Leadership

Co-Chair:  Fiona Anne Schaeffer, David A Schwartz

Vice-Chair:  David T Beddow, Susana Cabrera, Youngjin Jung, Mark Katz, Bruno L Peixoto, Par Johan Remnelid, Maria Coppola Tineo

Officer:  Elisa Kearney

Committee Roster (430 total members)


Upcoming Programs, Meetings & Events

Section Events
December 1, 2009
Location: TBD
Format: Multiple Formats

December 16, 2009
Location: TBD
Format: Multiple Formats

April 13, 2010 - April 17, 2010
Grand Hyatt New York
New York,
NY
Format: Live/In-Person

Year In Review

2008 Antitrust Committee Year in Review: Extended Edition
2007 Antitrust Committee Year in Review: Extended Edition
2006 Antitrust Committee Year in Review: Extended Edition
2005 Antitrust Committee Year in Review: Extended Edition

Essentials of Merger Review

Essentials of Merger Review

Essentials of Merger Review - Map Index
ICN Links to Country Merger Laws and Procedural Overviews

Other Links of Interest

Antitrust Division of the U.S. Department of Justice
U.S. Federal Trade Commission
European Commission - Competition Directorate General
Canadian Competition Bureau
Other Worldwide Antitrust Web Sites

Committee Comments and Policy Activity Archive

For Committee Comments and Policy Activity, please click the link below:
more...


Committee Programs Archive

Miss a recent Brown Bag program on international antitrust law? Audio files and programs materials are available in the Committee Programs Archive.
more...


Listserve Lists (help)

INTANTITRUST
International Antitrust Law Committee
subscribe | unsubscribe
post | archives | search | settings

Modified by Taliaferro E White on October 1, 2009

Back to Top

Copyright American Bar Association. http://www.abanet.org