Top 10 Anti-trust/Competition Headlines from All Regions The directive on alternative investment fund managers ("AIFMs") proposed by the European Parliament (the "EU Directive") continues to create uncertainty and controversy in the alternative investment funds ("AIFs") world. Alstom Power Systems GmbH ("Alstom"), a German subsidiary of the French company Alstom SA, and a manufacturer of boilers for brown coal power stations, together with two of its former managers, was fined approx. €91 million by the German Federal Cartel Office ("BKartA") on Thursday, 12 August, for bid-rigging, which included the assignment of customers as well as fixing quotas and prices with its competitors when participating in large public tenders. Following a remarkably transparent process, on August 19, 2010, the United States Department of Justice and Federal Trade Commission (collectively, the "Agencies") released revised Horizontal Merger Guidelines ("Guidelines"). On July 20, 2010, the Indonesian Government released the long-awaited implementing regulation (the "New Regulation") regarding merger notification in Indonesia, pursuant to the relevant provisions of the Indonesian anti-monopoly law, Law No. 5 of 1999 (the "Anti-Monopoly Law"). The European Commission has confirmed that its officials and their counterparts from the relevant national competition authorities have conducted unannounced inspections (dawn raids) at the premises of companies active in the polyurethane foam sector in several member states. The national competition regulator, the ACCC, has begun to flex its muscles and for the first time has exercised its new power to "name and shame" businesses which it suspects have misled the public and pose a real threat to unsuspecting consumers. On 13 August 2010, the proposed acquisition of Alcon, Inc (Alcon) by Novartis AG (Novartis) was approved by the Ministry of Commerce (MOFCOM), with conditions. MOFCOM’s public announcement in relation to this acquisition is located here. This is the 6th merger that has been approved with conditions, since the enactment of the Anti-Monopoly Law (AML) in 2008. The claimant, Mr Jones, was the founder of CMP Group Limited (CMP), which, prior to its liquidation, assisted companies in acquiring and managing their photocopying equipment. 28 February 2008 saw the birth of the Spanish competition authority's ("CNC") leniency programme, inspired mainly by the programme available at EU level. In our October 2009 issue, we addressed the Federal Government’s Australian Consumer Law Initiative which was to take the form of amendments to the Trade Practices Act 1974, Australian Securities and Investments Commission Act 2001 and Corporations Act 2001. |