In these difficult economic times, companies caught up in EU competition enforcement proceedings now regularly claim that the imposition of heavy fines could put them out of business. “Inability to pay” (ITP) arguments have therefore become regular features of fines assessments and appeals. Naturally, the European Commission is focussed on deterrence and on imposing headline…

The Austrian Parliament has passed a bill amending the Austrian competition law rules. On March 1, 2013, significant changes will enter into force. These include the following: This is the follow-up to the post “Austria: New competition rules – Take one”. Strengthening of private enforcement The legislator made efforts to promote private enforcement. This is…

A NEW COMMISSIONER OF COMPETITION FOR CANADA The year just ended witnessed a changing of the guard at Canada’s Competition Bureau, with Melanie Aitken resigning as Commissioner of Competition in September 2012. Ms. Aitken was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. It…

Canada’s first competition legislation was enacted in 1889, with the intention of combatting the price-fixing and other anti-competitive conduct of so-called “combinations”. Trade and professional associations figured prominently among the “combinations” alleged to have engaged in this anti-competitive behaviour. As one observer commented at the time, “there are few branches of trade in this or…

There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit decision dismissing a case brought by the Federal Trade Commission (FTC) challenging a patent settlement.  Second, a district court in New…

The Disputes Microsoft is sued for alleged excessive pricing in China by Guangzhou Kam Hing Textile Dyeing Co., Ltd. (Guangzhou Kam Hing). In March 2012, Microsoft sued Guangzhou Kam Hing in the Nansha District People’s Court (Nansha Court) for using pirated Microsoft software. According to the news report, the Hong Kong parent company of Guangzhou…

Background A special programme for promoting healthy competition in Finland was launched in the early 2012. One key objective of the programme is to tackle the challenges in enhancing effective competition in the Finnish grocery retail sector, identified e.g. in the so-called Europe 2020 Strategy approved by the European Council in July 2012. Resulting from…

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 Part IIIA by the Productivity Commission (Commission). The Inquiry’s terms of reference were released on the 25 October 2012 and provide a very broad scope for…