Corporate Counsel
  • Home
  • News
  • Surveys
  • Resources
  • Lawjobs
  • Advertise
  • Subscribe
  • Bookstore
  • Contact

Topics » IP Insider | Labor & Employment | From the Experts | On the Job | Moves | DC Watch | International

Home > Tracking Antitrust Enforcement Trends Around the Globe

Font Size: increase font decrease font

Previous

  • 1
  • 2

Tracking Antitrust Enforcement Trends Around the Globe

February 11, 2013

  •    
  •    
  •    
  •      
 

One way to do that would be expand the government's settlement policy. As is stands, the Administrative Council for Economic Defense's (CADE) leniency program affords "full immunity from administrative and criminal charges to the first company or individual" that reports a violation, notes PaRR.

However, the second or third company to come forward receives no such benefit, which is why, in part, CADE has tried to get rules on settlements changed. The downside is that "unlike leniency agreements, such settlements do not automatically grant immunity from criminal prosecution, and this may discourage parties to report infringements," according to the report.

In India, parts of the recently amended Competition Act are raising eyebrows among in-house counsel. Section 5A of the law allows the Indian government and the Competition Commission of India (CCI) "to set different thresholds for different industry segments" -- a departure from regulatory norms in other parts of the world.

"Initially, the insertion of section 5A was triggered by the need for greater vigilance of the Indian pharmaceutical sector, but in-house legal counsel fear that such an amendment means that other industries will now be fall under the shadow of CCI overreach," the report states, adding: "Nowhere else in the world have competition commissions introduced industry specific review thresholds, said Bharat Vasani, general counsel at Tata Sons Limited, the holding company for the Tata Group."

And in the European Union, in-house counsel need to continue to be mindful of separate enforcement objectives at both the E.U. and member state level.

"The [European Commission] is increasingly focusing on state aid and merger control, where if they do not act no one will, as well as E.U.-wide cartels and high-profile dominance cases," Cleary Gottlieb Steen & Hamilton antitrust partner Nicholas Levy told PaRR. "That leaves quite a significant part of competition policy that is largely being enforced at the national level, including joint ventures that do not meet the E.U. merger control criteria and vertical restraints."

Previous

  • 1
  • 2


Subscribe to Corporate Counsel

You must be signed in to comment on an article

Find similar content

Firms mentioned

    
  • Cleary Gottlieb Steen & Hamilton

Companies, agencies mentioned

    
  • 2013 Global Antitrust Trends
  • Ministry of Commerce
  • Supreme Court of the United States
  • Competition Commission of India
  • National Development and Reform Commission
  • Administrative Council for Economic Defense
  • Blue Cross Blue Shield of Michigan
  • Surgical Institute of Reading
  • Reading Health System
  • Samsung Electronics
  • Chunghwa Picture Tubes
  • Federal Trade Commission
  • Tata Sons Ltd.
  • Justice Department
  • European Commission
  • Tata Group
  • European Union
  • Watson Pharma

Key categories

    
  • Antitrust & Trade Regulation
  • Banking & Finance
  • Corporate & Business Law
  • Corporate Governance and Compliance
  • Executive Agencies
  • International Law

Most viewed stories

    
  1. Best Legal Departments 2013
    •      
  2. Bloomberg Names Compliance Chief After Client Data Breach
    •      
  3. Facebook's General Counsel is Leaving Company
    •      
  4. 6 Things In-House Counsel Must Know About E-Discovery
    •      
  5. Wage-and-Hour Suits Up for Fifth Straight Year
    •      
lawjobs.com

TOP JOBS

MORE JOBS

POST A JOB

From the Law.com Network

3-D Printing: The Next Big Thing in IP Law?

Best Legal Departments 2013

News Corp. Hires Ex-Skadden Communications Chief Bush

Law Firm Leaders' Confidence Slipping, Says Survey

Contrite Companies Can Win Forgiveness in Bribery Cases
  •      
    • Subscription Required

Plaintiffs Want to See Toyota's 'Crown Jewels'
  •      
    • Subscription Required

CEIC: the Destination for Digital Investigation

Using Computer Forensics to Investigate IP Theft

Prolific ADA Plaintiff Faces Nemesis in Harassment Suit

Ullyot Exit Closes Chapter for Facebook
  •      
    • Subscription Required

Rothstein Bankruptcy Trustee Files New Reorganization Plan
  •      
    • Subscription Required

Fla. Bar Wants Disbarment for Former Judge
  •      
    • Subscription Required

Bar Candidate Quits N.Y. Job To Satisfy N.J. Practice Bylaw

Pro Bono Work Proposed as Condition for Bar Admission
  •      
    • Subscription Required

The Affordable State-Specific Practice Solution
Available in NY, NJ, PA and CT editions - research, draft and prepare even the most complex cases with ease.

Judge in Stop-and-Frisk Case Relishes Her Independence

Ground Is Shifting in 14-Year Litigation

High Court Names Evers as the FJD's Court Administrator

Third Circuit Rules Against Citgo in Case Over Oil Spill
  •      
    • Subscription Required

Law Schools Are Looking Beyond LSATs, Says Mich. Dean

Is Freezing Your Eggs the Solution?

Litigator of the Week: Who Needs a Jury Consultant?
  •      
    • Subscription Required

Sanction Reversed; Filing of Sexually Explicit Chat OKd
  •      
    • Subscription Required

DeKalb Judge Dismisses, Then Recuses

Jury Finds For Attorney In Legal-Mal Case
  •      
    • Subscription Required

Corporate Bribery Case Part Of National Trend
  •      
    • Subscription Required

Court Continues To Grant Lawyers Fraud Immunity
  •      
    • Subscription Required

  • About |
  • ALM Properties |
  • ALM Reprints |
  • Customer Support |
  • Privacy Policy |
  • Terms & Conditions |
  • ALM User License Agreement
ALM Media