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Simon Snow  (Gilbert + Tobin)
The Productivity Commission commences a much-anticipated inquiry into the Australian National Access Regime
December 14, 2012

Australia has a statute-based access regime – Part IIIA of the Australian Competition and Consumer Act 2010 (Cth) (CCA).  The Commonwealth has recently announced a comprehensive review (Inquiry) of…

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Gavin Bushell  (Baker McKenzie, Belgium)
U.S. FTC Requires FRAND Commitments as Part of Merger Settlement with Broad Implications
December 14, 2012

My U.S. colleagues Lee van Voorhis and Brian Rafkin wrote an excellent client alert on the Bosch case and I asked them to prepare the following short summary for the Kluwer readership: On November 26…

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David Went  (Sidley Austin LLP )
UK charge towards more cartel prosecutions – but is the price too high?
December 13, 2012

On 19 November 2012, the OFT appointed Lee Craddock, a former police officer and case manager at the Serious Fraud Office, as Director of Investigations and Criminal Enforcement.  His appointment…

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Gavin Bushell  (Baker McKenzie, Belgium)
Case C-457/10 P, AstraZeneca v Commission, Judgment of 6 December 2012
December 07, 2012

On 6 December 2012, the EU Court of Justice handed down judgment in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more extreme dicta of the…

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Jan Peter van der Veer  (RBB Economics)
UPP - frequently asked questions
December 04, 2012

In contrast to e.g. the UK Office of Fair Trading, the European Commission so far has not applied UPP-type approaches in phase I merger enquiries. However, a Commission submission to the OECD earlier…

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Frederic Depoortere  (Skadden, Belgium)
Quality of Evidence in Complex Merger Cases
November 27, 2012

The Commission published the text of its most recent prohibition decision in Deutsche Boerse / NYSE Euronext. The Decision is lengthy and the Commission appears to have formulated a response to most…

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Arthur Braun  (bpv Braun Partners )
Czech Republic November 2012: First Sanction on Predatory Pricing Squashed by the Court (STUDENT AGENCY)
November 21, 2012

In November 2010, the Czech Antitrust Office handed down its first ever decision to penalise predatory pricing, dealing with the dominant operator of public passenger coach services between the two…

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Peter Citron  (White & Case, Belgium)
European Commission dawn raids – General Court annuls decisions ordering “fishing expeditions”
November 16, 2012

The EU's General Court issued on 14 November two important judgments regarding the extent of the European Commission's powers to dawn raid companies for suspected competition law infringements (Case…

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Cristina Mihai  (bpv Grigorescu Ştefănică )
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA
November 15, 2012

The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a…

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Jessica Walch  (Sidley Austin LLP )
Personal electronic data in competition investigations: The inequality of arms between companies and the Commission
November 08, 2012

In the context of antitrust and cartel investigations, electronic data or computer-generated information often has the highest evidential value and potentially the highest impact on the outcome of…

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