Antitrust Report from the ABA Antitrust Law 2017 Spring Meeting - MLex Free Download

Posted on 04-07-2017 by
Tags: Antitrust , MLex

ABA Antitrust Spring Meeting

2017 ABA Antitrust Spring Meeting: Free Download of our Coverage

 

During the 65th Spring Meeting of the American Bar Association’s Section of Antitrust Law, journalists from MLex bureau in North America, Latin America, Europe and Asia attended panel discussions and networking events, meeting with their broad base of leading regulatory, competition and legal contacts.

Major topics of interest included:

  • the changeover from the Democratic Obama administration to the Republican Trump administration;
  • Brexit and its potential impact on competition law in the UK and the European Union;  and
  • Big Data and its potential implications in both mergers and abuse of dominance investigations.


MLex coverage of the event has been compiled into a special report that contains unrivaled insight, analysis and commentary on the key themes in antitrust from around the world. This report includes the opinions, views and announcements made by the DoJ, European Commission, FTC, Mofcom, JFTC and Cofece during the conference.

An outline of the free report can be viewed below.

Your free copy can be downloaded at 2017 ABA Antitrust Spring Meeting Coverage.

To inquire about seeing the coverage in full, including all the background case files that accompany our articles, or to inquire about access to MLex’s content in general, please contact: customerservices@mlex.com

To sign up for our newsletter to receive our future special reports, please visit: www.mlexmarketinsight.com

 

2017 ABA Antitrust Spring Meeting Report: Contents

I. ANTITRUST

NORTH AMERICA

Regulatory Approach

  • FTC, DOJ should take stronger line on antitrust-IP with emerging jurisdictions
  • ‘Antitrust is dead,’ US appellate judge says of agency inaction
  • With DOJ political appointments pending, antitrust enforcers do ‘business as usual’
  • US commerce bypassed by ‘very few’ international cartels
  • Hiring freeze, budget cuts pose threat to restocking US agencies’ antitrust talent
  • Official spells out meaning of ‘regulatory humility’
  • FTC looking to streamline information requests, rules
  • Lipsky criticizes Obama-era antitrust officials for ‘careless talk’
  • FTC official criticizes Obama administration’s defense of administrative hearings
  • FTC commissioners should defer to administrative judge on witness credibility
  • Joint witness interviews with foreign agencies pose risk for US antitrust enforcers
  • State AGs need to ‘step up’ for rule of law
  • Lawyers clash over whether FTC is excessive in use of consent decrees
  • Efficiencies defense still alive in DC
  • DOJ needs more discretion in Type B leniency agreements
  • Type B leniency never offered presumptive coverage for employees
  • Non-competition factors unlikely to become part of merger reviews
  • Merger settlements can be mediated by separate judge
  • Canada’s competition enforcers pondering Big Data, including in mergers
  • Mediation a ‘big success’ in Canadian competition cases
  • Canada’s competition enforcer to send top staffer to Australia to strengthen ties
  • Future US presidents likely to move quickly on rulemaking after Trump precedent

Sector/Case-specific

  • DOJ American Express appeal to be decided with input of new administration
  • Efficiency arguments viable in hospital merger cases
  • Ad buyers should require certification to avoid bid-rigging
  • Music licensing at risk from DoJ’s take on Ascap, BMI

EUROPE

Regulatory Approach

  • EU will analyze ‘efficiency’ claims of loyalty rebates
  • Big Data antitrust case in Europe ‘still to come’
  • Drop-off in competition litigation could slow evolution of case law
  • Brexit impact on EU court’s culture could be ‘negative’
  • Governments, not EU enforcers, developed ‘novel’ approach to taxes
  • Vestager sees ‘growing interest’ around globe in policing subsidies
  • Disaffected workers triggering more Spanish cartel probes
  • Anonymous whistleblower tool yields results for Danish antitrust probes

Sector/Case-specific

  • High drug pricing is ‘uniform interest’ for antitrust enforcers
  • New US administration yet to contact EU over tax probes
  • Vestager may decide on new probes into dodgy merger data before summer
  • Consumer product probes vital for building antitrust legitimacy
  • ‘Hybrid’ review mechanism could be UK model for post-Brexit merger regime

ASIA

Regulatory Approach

  • China has yet to impose extra-territorial antitrust remedy
  • NDRC plans to strengthen fair-competition reviews
  • Mofcom to roll out new merger control measures as a priority for 2017
  • China’s draft Anti-Unfair Competition Law still lacks clarity
  • Japanese panel poised to recommend antitrust fines shake-up
  • Hong Kong antitrust agency’s role in tribunal penalty decisions still uncertain

Sector/Case-specific

  • KFTC’s Qualcomm order could lead to ‘chaotic’ enforcement

LATIN AMERICA

Regulatory Approach

  • Latin American countries form strategic alliance for antitrust cooperation
  • Brazilian watchdog rejects two thirds of all leniency applications
  • More Mexican criminal cases to be referred to federal prosecutor
  • Mexico will revoke leniency if cooperation falls short
  • Competition agency to release privileged information guidelines
  • Watchdog prefers structural remedies, upfront buyers in Mexican merger reviews
  • Merger settlements are a positive trend in Brazil
  • Criminalization of Argentina cartels would be ‘schizophrenic’
  • Argentina’s competition authority to issue new merger guidelines this year
  • Chilean competition authority hopes to release remedy guidelines in April

MIDDLE-EAST & AFRICA

Regulatory Approach

  • Jobs analysis in South African antitrust reviews is unglamorous but necessary

II. DATA & PRIVACY

  • FTC won’t regulate Big Data
  • FTC’s Pahl promises more guidance on data security
  • One agency in charge of all privacy issues ‘doesn’t make sense’
  • Politicians shouldn’t ‘take scissors’ to data protection law post-Brexit 

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