MLex Magazine
ISSUE 8 - January / March 2012 - TABLE OF CONTENTS
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Special feature – The Dodd-Frank Act
The US flagship financial reform bill, the Dodd-Frank Act, has been in force for a year and a half, but much work remains to be done to give the rules effect. Katherine Reynolds Lewis maps out the Act’s troubled route
Shadow banking
After tightening banking rules in response to the crisis, financial officials worldwide are peering into darker corners. John Rega examines regulatory measures in shadow banking
Financial services
In several European countries, a handful of big institutions dominate the
retail banking sector. But with changing trends in M&A activity and tougher industry regulation, the outlook for market participants in the UK remains unclear. Sebastian Chrispin reports
Class action suits: Joseph Alioto profile
With much speculation centring on the future of class actions, one of the US’s top antitrust lawyers Joseph Alioto says the tide has been shifting for decades. Lesette Heath gets his perspective
Telecom, Media & IT
In Brussels and Washington, regulators are in a race to draft what will become the de facto global standard for data protection and privacy regulation. But with divergent views, the end result is likely to be less homogeneous than policymakers on both sides would have us believe – but hopefully ‘interoperable’, argues Magnus Franklin
Energy supply
The EU has to look beyond its own borders if it does not want to run out of energy. Emily Waterfield reports on the major gas pipeline construction projects connecting Europe to its neighbours
A move to self-assessment in mergers
Stephen Kinsella of Sidley Austin asks whether it is time to abandon compulsory notification in favour of self-assessment for mergers
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Business as usual after Menarini?
Marco Bronckers and Anne Vallery of VVGB Avocats examine the implications for EU competition law in the wake of the Menarini Diagnostics case
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Tackling energy pricing abuses
Peter Willis of Dundas & Wilson examines when electricity generators in the UK are incentivised to switch off their machinery
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Competition work at the OECD
Frank Maier-Rigaud and Nick Taylor of the OECD present a retrospective and outlook for the competition work of the organisation
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One size does not fit all cartels
Francesco Rosati of RBB Economics examines the various topics of object, proportionality and fines in cartel enforcement
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ISSUE 7 - October / December 2011 - TABLE OF CONTENTS
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Special report: Cloud computing
The cloud-based, always-connected generation of services is just around the corner. Magnus Franklin explores the policy dilemmas confronting regulators
Profile: Chris Fonteijn
Magnus Franklin interviews the man in charge of policing 27 national telecoms regulators
News Corporation
Robert McLeod reports on News Corp’s battle to rebuild its reputation amid a multitude of government investigations
US antitrust
Cecile Kohrs Lindell reports on the continuing saga of AT&T’s efforts to buy T-Mobile
Antitrust
Enforcers have set their sights on car-part manufacturers. Ana Rita Rego looks at why
EU Emissions Trading System
Poppy Bullock looks at the dispute between the European Commission and US airlines over the upcoming charge to be levied on operators for their CO2 emissions
Financial services
John Rega and Lewis Crofts investigate the once obscure corner of the financial market devoted to credit derivatives, now a priority target for government leaders, regulators and investment banks
Under construction
Gabrielle H. Williamson of Heuking Kühn Lüer Wojtek examines recent judicial and legislative changes in competition law in Germany, focusing on how defendants are given the right to claim the so-called passing-on defence
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Touching a nerve?
Laurent Ruessmann of Crowell & Moring examines the EU’s application of international trade rules in the telecoms sector, focusing on the import of products manufactured in China
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Challenges for next generation mobile networks
Wolfgang Kopf of Deutsche Telekom examines the impact of next generation mobile networks on European telecoms markets
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The panda bear hug
As China and the United States embrace, will their new MOU on antitrust increase regulatory efficiency and harmonise antitrust enforcement? Alec Burnside, Joseph Bial and Christian Lorenz of Cadwalader, Wickersham & Taft ponder the benefits and rationale of co-operation among antitrust regulators
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The innovation costs of a flawed patent system
Scott Sher and Kara Kuritz of Wilson Sonsini Goodrich & Rosati examine the patent-law implications of recent technology cases attracting US regulatory scrutiny
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ISSUE 6 - July / September 2011 - TABLE OF CONTENTS
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Special report – Marc Jaeger
The president of the General Court tells Lewis Crofts why his tribunal is facing tough choices as the EU expands its activities, and more is demanded of his judges
US antitrust
The volatile political landscape is affecting antitrust cases handled by the DOJ and the FTC. Cecile Kohrs Lindell reports
Energy Special – Carbon capture & storage
Poppy Bullock looks for the solution to public opposition to CCS, as the EU strives to reach its climate goals
Energy Special – Nuclear power
In the aftermath of the Fukushima disaster, can Europe afford to turn its back on such an important source of low-carbon power? Peter Koh reports
Telecom, media & IT
Magnus Franklin and Lewis Crofts talk to European Justice Commissioner Viviane Reding about data protection reform
Financial services
Policymakers are planning a sweeping overhaul of credit-rating agencies.John Rega plots the shifting landscape
Mergers
Ludmilla Le Grand looks into the role of the Brazilian competition regulator, in the wake of an explosion of merger activity in the country>
Commitments as a tool for energy sector liberalisation
Killian Kehoe of Hill & Knowlton considers the commission’s use of Article 9 of the Modernisation Regulation to secure commitments from actors in the energy market
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Remit: to what problem is it the solution?
Olav Aamlid Syversen of Statoil examines whether the core provisions of Remit are sufficiently clear to safeguard trading in European energy markets download article pdf
Refilling the pipeline
Lars Kjølbye of Covington & Burling examines how EU gas and power markets have met with increased competition scrutiny in the past five years
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SHould the EU harmonise or even centralise the control of inward FDI?
Sebastian Remøy of Kreab Gavin Anderson examines the idea of the creation of controls to regulate foreign investment in the EU download article pdf
Moving the Pillars of Hercules a little further
Amedeo di Rovasenda of Baker & McKenzie examines the de minimis rule, an important new development in Spain’s merger control regime
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ISSUE 5 - April / June 2011 - TABLE OF CONTENTS
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Special report – Criminal enforcement
Lewis Crofts looks at what it would take to put cartel participants in European prisons
Hospital mergers
Cecile Kohrs Lindell reports on how rising healthcare costs and changes to the health insurance system in the US are increasing the likelihood of consolidation
Pharmaceutical settlements
Emma Beddington makes a comparison of current judicial and legislative approaches to ‘pay-for-delay’ pharmaceutical patent settlements in the US and EU
Mergers
Dafydd Nelson looks into the evolving role of market definition in merger-control analysis
Telecom, media & IT
With the European and US telecoms authorities failing to see eye-to-eye on the net-neutrality debate, Magnus Franklin examines what will happen next
Financial services
Regulators are working to defuse disagreements over rules for banks, derivatives and hedge funds. John Rega reports
US Private antitrust merger litigation
Bob Schlossberg and Jan Rybnicek of Freshfields Bruckhaus Deringer examine the issue of private antitrust merger litigation in the US download article pdf
State aid control
Ulrich Soltész and Christian von Köckritz of Gleiss Lutz analyse the European Commission’s state aid practice during the financial crisis
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State aid to banks
Dirk Hudig of FIPRA examines the issue of state aid granted to failing banks in the aftermath of the recent financial crisis download article pdf
Teritorial licensing law
Ken Daly of Sidley Austin analyses the EU’s task of creating a comprehensive framework for territorial licensing of broadcasting and digital rights
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Pharmaceutical law
Heinz Kobelt of the EAEPC analyses the internal market for pharmaceutical goods download article pdf
Foreign trade antitrust improvement act
Sylvie Kern examines the Foreign Trade Antitrust Improvement Act, now a hot topic in US antitrust litigation
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ISSUE 4 - January / March 2011 - TABLE OF CONTENTS
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Special report – Online advertising
Ana Rita Rego and Magnus Franklin examine whether antitrust is the only regulatory threat that hangs over the online advertising sector.
Special report – The Internet of Things
The arrival of the internet has created an entirely new set of public-policy challenges. Magnus Franklin investigates.
Financial services
Europe’s financial watchdogs are assuming new powers as the EU pushes to unify regulation in the sector. John Rega reports
Financial services
Mike Elkin reports on how a profligate lending culture fattened Spain’s banking sector until it burst
Energy & climate change
EU countries are counting on biomass to contribute as much renewable energy as wind, solar and others combined. Peter Koh reports
Trade
The European Union’s recently signed Free Trade Agreement with South Korea reflects the emergence of a new player in Europe. Leo Cendrowicz investigates
Mergers
Dafydd Nelson looks into the ups and downs of the EC mergers referral system.
Broadband rollout in the EU: How to simulate investment and competition?
Robert Klotz of Hunton & Williams analyses the EU’s current legal framework for broadband infrastructure, with particular regard to third-party access obligations download article pdf
The emerging practice of EU cartel settlement
David Gabathuler of Allen & Overy sheds light on the European Commission’s cartel settlement initiative, and describes the process that companies follow in pursuit of the 10 percent settlement target download article pdf
A review of recent pharmaceutical mergers
Susanne Zuehlke and Jan Komossa of Latham & Watkins analyse the implications of the spate of mergers in the pharmaceutical sector over the past two years
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All roads do not lead to Geneva: A fresh look at ways to solve trade disputes
Alexis Massot of Gide Loyrette Nouel examines the subject of trade disputes resolution – no longer handled solely by the WTO in Geneva
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Under the microscope
Thomas Vinje of Clifford Chance analyses antitrust enforcement in the IT industry, a sector that has faced increasing scrutiny from the European Commission
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ISSUE 3 - October / December 2010 - TABLE OF CONTENTS
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Special feature – Apple
Even the latest retreat on the conditions Apple imposes on developers may not mean the end of the story. Robert McLeod investigates
Energy & climate change
While the EU plans to connect Europe with a smart grid, Poppy Bullock connects the dots from regulation to real lives
China’s anti-monopoly law
The introduction of the AML raises expectations for China to become the third main competition law jurisdiction. Kirstie Nicholson reports
Telecom, media & IT
Neelie Kroes has announced her intention to find a ‘permanent solution’ to the high roaming prices in Europe. Magnus Franklin reports
Financial services
Banks have laboured for a decade to create a continent-wide payment system. John Rega looks behind the delay
Antitrust
If you mess with antitrust inspectors, it could hit you where it hurts: the wallet, warns Lewis Crofts
Trade
European cyclists want cheap, well-made bicycles. Chinese factories want to supply them. Leo Cendrowicz investigates
Mergers
Dafydd Nelson looks into the role of economics in merger-control assessments, and why its use by regulators is complicating the way companies get the OK for their deals
Competition Law: Rising of the agenda
Suzanne Rab and Alex Olive of Hogan Lovells examine the OFT’s new approach todisqualifying directors who ‘ought to have known’ download article pdf
A New Mandate
Axel Schulz and Pascal Berghe of White & Case suggest changes to the Mandate of the Hearing Officers, which could improve the usefulness of the institution download article pdf
Championing European Industry ?
Richard Bullard of APCO looks at the relationship between EU industrial policy and competition policy, after a proposed framework comes into force download article pdf
Progressive Initiatives
Bálint Bassola and András Horváth of Salans examine recent trends and developments surrounding antitrust enforcement in Hungary download article pdf
ISSUE 2 - July / September 2010 - TABLE OF CONTENTS
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Special feature: The fox in charge of the henhouse ?
As Michel Barnier takes charge of regulating financial services, bankers wonder if he’s Nicolas Sarkozy’s man in Brussels, or his own. John Rega asks
Up in the air
Airline alliances, coupled with the need for consolidation in a struggling industry, make it harder for the European Commission to secure the consumer-friendly outcome it strives for when carriers merge. Dafydd Nelson investigates
France's antitrust highwire act
France's antitrust watchdog is pushing competition enforcement into modernity, but change has not come easily. Ana Rita Rego reports
The answer, my friend
Nine European Union member states plan to build a North Sea offshore wind grid, providing reliable, clean energy to millions of households and boosting the bloc’s energy security. Emma Portier Davis explains why theirs is a herculean task
Seeking damages
Lewis Crofts looks at the increasing number of private damages actions brought against antitrust abusers in Germany. While the UK has often been the forum of choice, recent developments have made Germany increasingly attractive
Chomping at the BIT
With the Lisbon Treaty ratified, Europe must tackle the thorny question of how to phase out its members' prized bilateral investment treaties. Juliane von Reppert-Bismarck investigates
Remote control
Amid claims and counter-claims of political meddling and underhand business tactics, Magnus Franklin unravels the story behind Sky Italia's bid to challenge Silvio Berlusconi's Mediaset in digital TV
Price and privacy
Alec Burnside of Linklaters responds to an article in our previous issue on privacy and merger control by Francisco Enrique Gonzalez-Diaz download article pdf
Judgment day
Mathew Heim of Qualcomm examines the appointment of Judges to Europe's Supreme Court download article pdf
External affairs
Lawrence Zweifach and Eric Creizman of Gibson, Dunn & Crutcher examine the issue of defending corporate executives lactaed outside the United States in investigations and prosecutions by the Antitrust Division of the United States Department of Justice download article pdf
A system in transition
Mario Todino of Gianni Origoni Grippo & Partners examines recent trends and developments surrounding antitrust enforcement in Italy download article pdf
A question of commitment
Antoni Vassileff of Advolis examines the monitoring of commitments in EC competition cases and the appointment of trustees download article pdf
An opportunity for reform
In light of the Commission's recent publication of best pratices for antitrust proceedings, Rachel Cuff of Berwin Leighton Paisner considers wether guidance on cartel investigations should be re-examined download article pdf
The long and winding road
Benoit Durand and Derek Ridyard or RBB Economics examine the route taken to get to an effects-based approach, focusing on information exchange in the draft guidelines on horizontal agreements. download article pdf
ISSUE 1 - April / June 2010 - TABLE OF CONTENTS
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Special feature: Basque in the limelight
Robert McLeod meets Joaquín Almunia the new competition commissioner
Mergers: Sun sets on Oracle buyout saga
Dafydd Nelson reports on Oracle’s buyout of Sun Microsystems – one of the most high-profile European Commission merger reviews in recent years
Energy & climate change: In the hot seats
Peter Koh profiles the key members of the European Parliament’s industry committee preparing toflex new-found influence in climate change policies
Antitrust: Wining and fining
Spain’s regional authorities are struggling against the tide of old-fashioned, anticompetitive practices, writes Mike Elkin
Financial services: In at the deep end
The European Commission is preparing new rules to reshape the stock-trading market. John Rega plunges into dark pools
Trade: Fortress Europe
Juliane von Reppert-Bismarck investigates the debate over transparency in Europe’s trade defences
Telecom, media & IT: The copyright quandary
Content industries such as TV, music and film are being forced to face the full disruptive effect of the internet and digitisation on their respective sectors. Magnus Franklin explores the market and regulatory responses to the challenge
The urge to merge
Anne MacGregor of Baker & McKenzie sheds light on the difficulties facing companies in getting mergers through the antitrust process in Europe download article pdf
Issues and significance beyond US enforcement
Cristina Caffarra and Serge Moresi of Charles River Associates offer their view on the review of horizontal merger guidelines in the US download article pdf
The 2009 French merger control guidelines: what’s new?
Annette Schild of Arnold & Porter looks at the ramifications of new antitrust laws enacted in France and the implications for companies doing business in l’Hexagone download article pdf
What next for EU state aid?
Louise Rowntree, Philipp Brüchert and Robert McGruer of Hill & Knowlton examine the EU state aid regime download article pdf
The new art of macro-prudential supervision
Wendy Reed of PricewaterhouseCoopers takes a detailed view on plans for a new supervisory architecture for banks in Europe, and asks just how effective it can be. download article pdf
Privacy and merger control in the EU
Francisco Enrique González-Díaz of Cleary Gottlieb Steen & Hamilton offers his take on the relationship between privacy issues and merger analysis, on the back of the Google/DoubleClick merger, which raised concerns over personal data. download article pdf
Cartel liability in the EU: what can parent companies say in their defence?
Steve Spinks and Anouck Meier of Sidley Austin give their insight into how the European Commission establishes parent-company liability for the antitrust misbehaviour of subsidiaries. download article pdf
Pack your bags
Advocatus diaboli: Making the case against aspects of the received wisdom in key issues of the moment
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