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In Antitrust / Competition

Colombia: Competition authority recognizes antitrust compliance programs may be a mitigating factor in assessing sanctions for anti-competitive practices

by and 6 Mins Read

In one of its latest decisions, the Superintendence of Industry and Commerce recognized that the implementation of compliance programs in competition matters might be considered a mitigation factor in the graduation of an eventual sanction. Recently, the SIC has pronounced the importance of these programs, imposing them as behavioral remedies in merger control procedures, as well as in decisions regarding anti-competitive practices. Specifically, in Resolution 22645 of 2022, the SIC imposed remedies to the transaction between two companies, imposing as a behavioral obligation within the companies the implementation of an Antitrust compliance program.

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In Antitrust / Competition

Germany/Europe: Current Developments in German and European Antitrust Law

by , , , , , , , , , , , , and 1 Min Read

On 21 September 2022, colleagues from the German Baker McKenzie offices will host a webinar exploring current developments in German and European Antitrust Law. The event will be in German only.

In Trade and Foreign Investment

UKRAINIAN LAWS IN WARTIME: Guide for International and Domestic Businesses, 6th Edition

by and 2 Mins Read

Baker McKenzie is pleased to submit its next, the sixth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.

This issue contains updated responses to the most common questions raised and considered by international and Ukrainian businesses these days in the following practice areas:
• Martial Law and Special Legislation
• Employment and Migration
• Financial Arrangements and Financial Sector
• Corporate
• Tax and Customs Regime
• Real Estate
• Work of State Courts and Arbitration Tribunals
• Enforcement Proceedings
• Intellectual Property
• Antitrust and Competition
• Pharmaceuticals and Healthcare

In Antitrust / Competition

Mexico: COFECE probes the maritime transportation market in the State of Quintana Roo for possible absolute monopolistic practices

by , , and 3 Mins Read

On 13 July 2021, the Federal Economic Competition Commission published in the Federal Official Gazette the notice regarding the initiation of an investigation due to possible absolute monopolistic practices allegedly carried out in the market for maritime transportation services in the state of Quintana Roo.
Absolute monopolistic practices are anti-competitive agreements, contracts or arrangements between competing economic agents, whose object or effect is the manipulation of prices, restriction or limitation of supply or demand, division or segmentation of markets, agreement or coordination of bids in auctions, as well as the exchange of information between competitors to carry out any of the aforementioned conducts. These practices can also be referred to as horizontal or cartel practices.

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In Antitrust / Competition

Italy: Flu vaccines – the Basilicata Administrative Court rules on the allocation of needs among various lots

by and 2 Mins Read

With Judgment No. 544 of 18 July 2022, the Administrative Court of the Basilicata Region dismissed the appeal against the decision to award a tender for the supply of flu vaccines to the regional health service. In this regard, the plaintiff challenged the allocation of the type and quantity of flu vaccines to be supplied into separate lots, based on the alleged violation of the principles of competition and non-discrimination.

In Antitrust / Competition

International: TMT Talk Podcast Series – Episode 69 – The Evolving 5G Regulatory Landscape – Antitrust and Patents (Podcast)

by , , and 1 Min Read

The fourth instalment of Baker McKenzie’s TMT Looking Ahead delves into 5G, which, with its high speed, ultra-low latency and ability to simultaneously connect multiple devices, continues to drive global business opportunities. 5G use cases are increasingly popular in all levels of infrastructure and across industries and, as such, continue to attract the scrutiny of governments and regulators. In this episode of TMT Talk, Raffaele Giarda, Stephen Crosswell, and Mackenzie Martin discuss the evolving regulatory landscape that applies to 5G, with a particular focus on antitrust and patents.

In Antitrust / Competition

European Union: Illumina/Grail – EU General Court Recognizes Broad EU Jurisdiction over Deals that Don’t Trigger Any Merger Control Filing Requirements

by , and 7 Mins Read

On 13 July 2022, the European General Court endorsed the European Commission’s ability to exert jurisdiction over transactions that do not trigger either EU or national merger control thresholds by virtue of the so-called Article 22 referral mechanism (Case T-227/21). With this ruling, the General Court has effectively validated a hybrid ex ante/ex post EU merger control regime. It is hoped that any future Article 22 intervention will remain exceptional.

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In Antitrust / Competition

Thailand: Instant Competition

by and 1 Min Read

In our brand new series “Instant Competition”, the Competition team at Baker McKenzie discusses the Thai Trade Competition Act and its impact on business operators across all industries.

In our first episode “Instant Competition Overview: Introduction to Thai Trade Competition Law”, our team discusses competition law and the role of regulator in the competition landscape in Thailand. This is followed by “Instant Competition EP. 2: Thai merger control regulations – what you should know” focusing on merger control regulations under the Thai Trade Competition Act.

This series is the latest installment in our YouTube video chats which feature interesting key legal developments across various areas. This video is in Thai.

In Corporate Compliance

Malaysia: Bank Negara Malaysia issues the Bancassurance/Bancatakaful Policy Document

by 5 Mins Read

Following the issuance of the Exposure Draft of the Bancassurance/Bancatakful Policy Document on 30 August 2021, Bank Negara Malaysia has issued the final Bancassurance/Bancatakaful Policy Document on 30 June 2022. The objectives of the Policy Document are to: ensure bancassurance/bancatakaful remains as a viable and accessible channel for consumers to purchase insurance and takaful products; promote sound market conduct practices that safeguard consumers’ interest through needs-based sales, disclosure and enhanced transparency; and promote market competitiveness and preserve consumer choice.

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