Author: Kevin Coates

The Dragon awakes: Is Chinese competition policy a cause for concern?

Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: The Dragon awakes: Is Chinese competition policy a cause for concern? “Mario Mariniello (Bruggle) asks The Dragon awakes: Is Chinese competition policy a cause for concern? ABSTRACT: China’s Anti-Monopoly Law, adopted in 2007, is largely compatible with antitrust law in the European Union, the United States and other jurisdictions. Enforcement activity…”

Complicity and Compliance Redux: Two Years On

Two years ago I wrote a short article (which I recently republished here) on why reducing competition fines because a company had a compliance policy would be a mistake. Since then, I’ve changed my mind. But only on the reasoning, not the result. At least for now. And I may change it again. There is fairly profound disagreement on this point between the Commission and many companies (and their advisers). The Commission does not want to give fines reductions for companies that have a compliance programme in place; companies believe that investing in a compliance programme should be recognised by the Commission by a reduction in fines. The disagreement could be simply because companies that have put in place a […]

In-house Compliance of EU Competition Rules in Practice

Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Journal of European Competition Law & Practice – Advance Access: In-house Compliance of EU Competition Rules in Practice “”

Is the Definition of a Cartel Ballooning?

Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From CPI RSS: Is the Definition of a Cartel Ballooning? “ The media tend to refer to gangs that produce and distribute drugs as "cartels." Of course these are not cartels as we, as antitrust lawyers, traditionally use the concept. In fact "drug cartels" seem to operate as businesses in the various regular forms we know: conglomerates, cooperatives, or "one-product firms." Note, too, that the media habitually refer to rival drug cartels, meaning that these cartels are competing fiercely. So, in the antitrust context, are these cartels? To the extent we understand the agreements underlying the drug cartels, they would […]