MAY-10(1)

In this issue:

Our articles from Asia highlight the global commonality of competition policy challenges. David Round & Manish Agarwal report on new Australian legislation criminalizing cartel participation; Abdullah Hussain details the Jindal case challenging the powers of the new Indian Competition Appellate Tribunal; Teo Eng Cheong describes novel ways that a new commission can create public awareness (comic books, anyone?), and Japan’s Fair Trade Commission provides evidence they’re serious about enforcement. And we continue to look at ways economists assist—or don’t—in antitrust cases as Wendy Bloom updates their status in class certification actions. Enjoy!

Asia Update

Manish Agarwal, David Round, May 14, 2010

The Criminalization of Serious Cartel Conduct in Australia

The criminalization of serious cartel conduct faces many practical and operational challenges, and no doubt the first criminal case will be strongly opposed. A crucial early task is to identify the bright line between cartel conduct that is criminal and that which is not.

Abdullah Hussain, May 14, 2010

India Competition Update: Commission & Appellate Tribunal Up and Running

In its brief tenure, the Tribunal has disposed of several pending cases under the MRTP Act with surprising speed and efficiency. Its jurisdiction under the provisions of the Act, however, has so far been invoked only once. The Tribunal took that opportunity to deliver a very telling judgment.

The Japan Fair Trade Commission, May 14, 2010

Japan Fair Trade Commission: Aggressively Tackling Cartels, Bid-Rigging, & Monopolization

A brief description of recent developments in Japan regarding the enforcement of the AMA against hard-core cartels, and regulations on unilateral conduct with a specific focus on private monopolization.

Teo Eng Cheong, May 14, 2010

Building up a Young Competition Commission: The Competition Commission of Singapore’s Experience

As staying globally competitive is key to Singapore’s economic vibrancy, CCS had to be built up speedily so that Singapore could reap the benefits of competition law as quickly as possible.

Of Special Interest

Wendy Bloom, May 14, 2010

Economics Now Plays an Important Role at The Class Certification Stage for Antitrust Class Actions

There is a real opportunity now, with the help of economic experts, to defeat certification of antitrust class actions.