In this issue:
Currently uniting 114 competition authorities from both developed and developing countries, the ICN in its 10 years of existence has contributed significantly to the harmonization and convergence of global antitrust law and policy. Our guest editor, Paul Lugard, who edited a commemorative volume of essays—The International Competition Network at 10—for the ICN’s birthday, has asked some of his authors to contribute special essays for this celebratory CPI collection. And keeping with our recurrent desire to stay on top of “hot” topics, we have two special articles this issue, the first on recent EU court decisions on price squeezes and the second on competitive neutrality. Finally, for those who would like to celebrate further, the last article gives more details on the ICN birthday volume.
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The ICN at Ten
The International Competition Community at Work
The ICN has contributed significantly to a more unified and economically rational regime of competition law on a worldwide scale. Paul Lugard (TILEC)
The International Competition Network Cartel Working Group—Past, Present and Future
Providing competition agencies with a much greater capacity to provide a coordinated response to globalized cartel activity. Marcus Bezzi (Australian Competition & Consumer Comm.) & József Sárai (Hungarian Competition Auth.)
Merger Control in India: Partial Implementation of the ICN Recommended Practices
Conformity with the jurisdictional nexus Recommended Practice was a focal point of advocacy throughout the development of the Indian merger control regime. Neil Campbell & Sorcha O’Carroll (McMillan & Co.)
ICN Best Practice: Soft Law, Concrete Results
With ICN practices now the industry standard, as it enters its second decade the ICN needs to carefully consider how it balances respect for diversity with its goal of promoting convergence. Maria Coppola (FTC)
The Unilateral Conduct Working Group: You be the Judge – Scrutinizing a Loyalty Discount & Rebate Case
The differing outcomes between the judges and jury reflect the difficult challenges remaining for the UCWG in building greater convergence among different jurisdictions in the analysis of loyalty discounts and rebates. Cynthia Lagdameo (FTC) & Charles Webb (Baker Botts)
A Clear Vision for the ICN’s Second Decade
This contribution looks at why the ICN matters to competition agencies, businesses, consumers, and other participants in the international competition community. Sophie Mitchell (OFT)
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Of Special Interest
In the EU the Court of Justice Rules (Again) on Margin Squeeze
This case law shows that the prize squeeze practices are more likely to be considered abusive and anticompetitive in the European Union (“EUâ€) than in the United States. Javier Ruiz-Calzado & Gianni De Stefano (Latham & Watkins)
The Challenge of Competitive Neutrality in Public Procurement and Competition Policy: The U.K. Health Sector as Case Study
The requisite elements of EU competition law will not always be present and many “lawful†practices or measures can hinder competitive neutrality. Simon Taylor (Wragge)
The International Competition Network at Ten: Origins, Accomplishments and Aspirations
This book collects a number of essays on the origins, accomplishments, and aspirations of the ICN by leading competition agency officials, private sector lawyers, and academics. (Paul Lugard, ed.)
