• In its 2019 Spring Video Series, PaRR’s reporters sat down with some of the top ascending minds tackling the most importance competition policy challenges around the world. Amabelle Asuncion reflected on what she learned implementing the Philippine Competition Act in 2015 as well as the intuition gained after getting the Philippine Competition Commission off the ground the following year. 
    A Spanish commercial court has ordered truck makers Iveco S.p.a. and Daimler AG to pay EUR 44,457 to two plaintiffs in compensation for overcharge due to their involvement in a European truck cartel.
     
    According to the two recent rulings, the Juzgado de lo Mercantil No. 1 of Pontevedra partly dismissed the damages calculation advanced by the claimants, establishing instead that the overcharge amounted to 9% of the vehicle’s purchase price plus interest.
     
    The claims followed a July 2016 European Commission (EC) decision imposing a EUR 2.92bn penalty on Daimler, Iveco, Volvo/Renault and DAF for fixing the prices of heavy and medium heavy trucks between 1997 and 2011. MAN avoided a penalty for blowing the whistle on the infringement.
     
    PaRR subscribers can read the full article on PaRR here.
     
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  • The German competition authority is keenly monitoring developments over Facebook's yet-to-be-launched cryptocurrency Libra, with president Andreas Mundt flagging concerns that the platform's ability to gather financial data will further bolster its dominance.

    The Bundeskartellamt (BKartA) is also monitoring Apple Pay and Google Pay - payment services offered by the smartphone maker and the search giant respectively - for competition concerns, Mundt told PaRR in an interview.

    The Bonn-headquartered agency chief said that Facebook already collects a lot of personal data and is a dominant player.

    Matthew Boswell, newly named commissioner of the Canadian Competition Bureau (CCB), sits down with Acuris to provide details to help us better understand the antitrust agency’s process and how, when reviewing large cross-border transactions, it coordinates with counterparts in the US and other jurisdictions. Boswell, who was named to the CCB post for a five-year term last March, covers topics including goals for the agency under his leadership; how the CCB is responding to some of the Big Tech concerns being raised in the US and the EU; and plans to work with international groups on issues such as unilateral conduct in the digital space. Click here to learn more.
  • Indonesia’s antitrust authority, Komisi Pengawas Persaingan Usaha (KPPU) though has been fighting to get extraterritorial powers and the ability to conduct dawn raid, its Chairman Kurnia Toha and Commissioner Kodrat Wibowo tell Freny Patel, Editor Asia Pacific, PaRR Global, that these proposals have been shot down by the government. 
     
    Toha says that international cooperation is very important and helpful when it comes to global mergers having an impact on Indonesia. Click here to learn more. 
     
    Freshfields Bruckhaus Deringer’s two partners and co-heads of the China competition practice, Ninette Dodoo and Hazel Yin spell out how China unlike its counterparts in the West is “extensively relaxing” its foreign investment rules. This they tell Freny Patel, Editor Asia Pacific, PaRR Global is encouraging especially when it comes to protecting intellectual property of foreign investors, which is at the heart of the dispute between China and the US in the ongoing Trade War. Click here to learn more. 
  • Japan’s antitrust authority feels there is a need for “a brand new government agency” to oversee digital platforms. Commissioner Reiko Aoki of the Japan Fair Trade Commission tells Freny Patel, Editor Asia Pacific, PaRR Global that it is very difficult for a single existing regulator to oversee digital platforms given their complicated business models and technologies. Click here to learn more.
    Beatriz de Guindos Talavera, Head of cCmpetition at the Spanish competition authority, discusses guidance the agency is producing to help avoid future challenges against its decisions, and the impact of the new European Competition Network directive, and the damages directive in Spain. Click here to learn more.
  • Chilufya Sampa, Executive Director of the Zambian Competition and Consumer Protection Commission, highlights recent examples of enforcement work at the agency, the domestic importance of the agricultural sector and the role of advocacy in enforcement. Sampa also considers the role of the Zambian agency within COMESA, and the impact that broader attempts to unify African trade treaties may have on future competition enforcement. Click here to learn more.

    Alexandre Barreto, president of Brazil's competition authority CADE, discusses the agency's adherence to the Organisation for the Economic Co-operation and Development's (OECD) Competition Committee, claims Brazil's Bolsonaro government will have no interference on CADE's daily activities, discusses plans for 2019 and defends the agency's evidentiary standards in this March 2019 interview. Click here for the full video. Click here to learn more.

  • When it comes to how effective the antitrust laws are enforced, “the results are more mixed,” said Randy Stutz, Vice President of the American Antitrust Institute. Speaking to PaRR in the 2019 Interview Series, Stutz highlighted a few indicators more is needed including, increasing concentration both at an aggregate level and in specific sectors; higher mark-ups; and the presence of large dominant firms. Click here to learn more.

    European Court of Justice (ECJ) advisor Juliane Kokott has today (29 July) advised judges to rule that an entity that is not a market participant but only issues subsidised financing can make a claim for damages resulting from a cartel.

  • Hong Kong’s Privacy Commissioner for Personal Data is evaluating whether the existing law passed in 1995 and amended in 2012 might be “stale” given the complexity of data breaches with respect to the technology involved and the cross-border and multi-disciplinary nature of cases, its commissioner, Stephen Wong tells Freny Patel, Editor Asia Pacific, PaRR Global. Click here to learn more.
    The Director General of Nigeria’s competition and consumer council discusses the new antitrust mandate of the agency, staffing, cooperation with other African and international states and challenges facing the agency in its new role. Click here to learn more.
  • The Hong Kong government and its public bodies are increasingly consulting the Competition Commission at the earlier stages of their decision-making process, Chief Executive Officer Brent Snyder tells Freny Patel, Editor Asia Pacific, PaRR Global. This gives the antitrust authority an opportunity to influence decision-making in competition-related matters. Click here for the full interview with Brent Snyder.
    Since the 1990s the US federal antitrust agencies have been helping countries all around the world develop laws, policies and procedures needed to set up competition regimes, explains Randy Tritell, Director of the US Federal Trade Commission’s International Affairs Office. Participating in PaRR’s 2019 Spring Video Series, learn more on what Tritell's thoughts on emerging jurisdictions and their approach to antitrust law by watching the video here.
  • Martin Janda, Head of Staff and Special Advisor to the Director General at the Austrian competition authority, discusses the agency's investigation into Amazon's alleged abuse of dominance and its dual role as a platform and seller. Watch the full video here to learn more.
    Margarida Matos Rosa, President of the Portuguese competition authority, discusses the latest developments related to the transposition of the European Competition Network Directive, and the benefits it could bring to Portugal. Matos Rosa also discusses her agency’s cooperation within a network of other Portuguese-speaking agencies, at a time of rapid change in antitrust enforcement in Africa. Watch the full video to learn more.
  • Employment, participation in governance decisions, capital expenditure, tendency to spur economic activity and presence in Canada are all key factors in the net benefit test under the Investment Canada Act, according to Fasken partner Huy Do speaking to PaRR in the 2019 Spring Interview Series. “You may never know fully what the governments concerns were,” explained Fasken Counsel Andrew House. Click here for access to the full recording.
    In PaRR’s Interview Series, Competition and Consumer Commission of Singapore’s Chief Executive Han Li Toh provides a preview of some of the issues that were flagged by his agency’s consumer protection investigation into the online travel marketplace. Learn more about his take on how the seller should ensure consumers have notice of what they are agreeing to buy as well as other competitive issues. Click here for the full recording.
  • Colombia’s Superintendency of Industry and Commerce’s umbrella includes antitrust, data and consumer protection, creating a trifurcated challenge when looking at digital platforms like Facebook, according to superintendent Andrés Barreto in PaRR’s 2019 Spring Video Series. Barreto also weighed in on several other topics related to competition law in under-developed countries. Listen in and learn more.
    From the battlefields of Iraq to prosecuting the landmark LIBOR manipulation conspiracy, the US’s top criminal antitrust prosecutor, has spent his entire career to date fighting important battles on behalf of Americans. During PaRR’s 2019 Spring Video Series, Deputy Assistant Attorney General Richard Powers speaks to us about his role at the US Department of Justice.
  • Commissioner Paula Azevedo of Brazil’s Administrative Counsel for Economic Defense (CADE), seized on PaRR’s 2019 Spring Video Series as an opportunity to advocate for the world’s eighth largest economy.
    Michal Cohen, Chief Legal Counsel of Israel Competition Authority spoke defiantly when asked why the regulator joins the US DoJ as two of the only regimes that will send participants to prison during PaRR’s 2019 Spring Video Series. Listen to the full interview to learn more about her views. 
  • WASHINGTON – Competition law enforcement across Central and South America is on the rise, with Brazil, Mexico, and Chile taking the lead, especially in pre-merger review, according to an expert. “Chile is very sophisticated,” Carolina Pardo, an antitrust attorney at Baker McKenzie in Bogotá, Colombia, says in this interview recorded at the 2018 annual ABA Spring Antitrust Meeting. “Keep an eye on Chile.” Pardo also reviews the importance of the Organisation for Economic Co-operation and Development (OECD) and the International Competition Network’s respective influence across Latin America.

    In the U.S. News & World Report article, “Don’t Worry About the AT&T-Time Warner Appeal,” Joseph Tipograph, Washington DC Bureau Chief of PaRR, provides insightful commentary on the Department of Justice (DoJ)’s appeal of the merger and why it will be a losing case for the DoJ.

     

    Take a look at the full article - https://money.usnews.com/investing/stock-market-news/articles/2018-07-13/at-t-inc-t-time-warner

     

     

  • WASHINGTON – Building a competition bureau from the ground up requires many things, but enough capital to engage in lengthy litigation is essential, according to Hong Kong’s top competition official. Without it, “the relatively new agency’s needs possibly would be jeopardized,” Anna Wu, chairperson of Hong Kong’s Competition Commission, says in this interview, recorded at the 2018 ABA annual Antitrust Law Spring Meeting. “Business has deep pockets. They can fund litigation for many years,” Wu says.
    WASHINGTON – The Mexican economy is concentrated in some markets, but not necessarily because of anticompetitive behavior, according to the top competition enforcer there. It might be due to either too much or too little regulation, says Alejandra Palacios Prieto, Chairwoman of COFECE, Mexico’s competition law enforcement agency, in this interview recorded at the 2018 annual ABA Spring Antitrust Meeting. Responding to such imbalances requires varying amounts of advocacy and enforcement action, Prieto says.
  • WASHINGTON – In the face of Brexit, competition law in the UK is undergoing massive change. “We are looking to scale up the size of our organization,” says Simon Constantine, policy director for the UK Competition and Markets Authority. In this interview recorded at the 2018 annual ABA’s Spring Antitrust Meeting, Constantine also explains how the UK is establishing channels to conduct parallel investigations with other jurisdictions, including through evidence and data sharing.
    WASHINGTON – A novel history, featuring mostly government owned and operated industries, as well as the inflection of international politics has created a monopoly problem in Israel, requiring the country’s antitrust authority to focus on unusual aspects of competition law, such as price gauging, according to a private practice antitrust attorney. “In Israel, it’s ‘You are charging too much. You are being greedy and we want you to be less greedy,” says Mattan Meridor, head of antitrust at Tel Aviv-based Agmon & Co. Rosenberg Hacohen & Co., in this interview recorded at the 2018 annual ABA spring antitrust meeting.