Category Archives: News

Ninth Amendment to German Act Against Restraints of Competition to Take Effect Soon

April 6, 2017

- Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral markets, and the extension of the German Federal Cartel Office’s authority to consumer protection.
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Thailand: NLA Approves New Trade Competition Act

April 4, 2017

- On 24 March 2017, the draft Trade Competition Act, B.E. 2559 (2017) (the Act) was approved by the National Legislative Assembly (NLA), following consideration and recommendations by the Ad-Hoc Committee considering the Act. It is expected that the Act will become effective in August or September 2017 (90 days from the date of publication in the Government Gazette).
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Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

December 1, 2016

- On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“).  Payment encryption devices are used by bank customers to protect the security of payments from their bank accounts.  These devices are typically distributed by the banks to their customers.
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We’re great, you don’t understand competition law, Google tells Europe

November 4, 2016

- Google has sought to blunt the European Commission’s three-prong inquiry into its business practices – by claiming the Eurocrats don’t understand antitrust law.

Writing on Google’s corporate blog, senior VP and general counsel Kent Walker disclosed that Google has responded to the Commission’s shopping and advertising concerns, and will soon file its response to the Android portion.
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United States: New Tool For Antitrust Investigations In China

September 16, 2016

- In recent years, China’s National Development and Reform Commission (NDRC), the antitrust enforcement agency responsible for price-related monopoly conduct, has cracked down on resale price maintenance (RPM) through a series of enforcement actions. These have targeted companies in industries including baby formula, automobiles, liquor, and eyeware. A recent penalty decision against Chinese white goods giant Haier issued by the Shanghai Price Bureau (the Shanghai branch of the NDRC) is particularly noteworthy, because it explicitly referenced screenshots of mobile phone chat histories as evidence to prove the RPM conduct. This decision raises the question, to what extent can personal communications such as smartphone messages be used as evidence in antitrust investigations?
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