Export Cartels: Is it Legal to Target your Neighbour? Analysis in Light of Recent Case Law

Despite the growing sophistication of antitrust regimes around the world, export cartels benefit from special treatment: they are almost universally tolerated, if not encouraged in the countries of origin. Economists do not offer an unambiguous policy recommendation on how to deal with them in part due to the lack of empirical data. This article discusses arguments for and against export cartels and it identifies the existing gaps in the present regulatory framework. The theoretical part is followed by an analysis of the recent case law: a US cartel challenged with different outcomes in India and South Africa, as well as Chinese export cartels pursued in the USA. The Chinese cases are particularly topical as the conduct at stake, apart from being subject to private antitrust actions before US courts, was also challenged within the WTO dispute settlement framework, pointing out to the existing interface between trade and competition. While the recent developments prove that unaddressed issues tend not to vanish, the new South-North dimension has the potential of placing export cartels again on the international agenda. Pragmatic thinking suggests looking for the solution within the WTO framework.

UK: general - UK enforcement.

Reports that the Competition and Markets Authority (CMA) began operations in "shadow form" on October 1, 2013 prior to it taking over the mandates of the Competition Commission and the Office of Fair Trading in April 2014. Outlines the CMA's draft guidance, issued for consultation on September 17, 2013, on prosecutions for the cartel offence. Presents links to other CMA communications.

In pursuit of regulatory compliance: a study of planning enforcement structures in Northern Ireland

As devolution expands across the UK, Northern Ireland (NI) is witnessing the development of new architecture to devolve planning powers. With serious criticism targeted at the legislative provisions for enforcement, this investigation endeavours to assess the robustness of the planning framework through a synergy of theory, law and practice. The paper demonstrates the value of theory in not only supplying a lens that allows both legislative frameworks and praxis to be deconstructed, but also in enabling the identification and scrutiny of underlying problems that pervade the system.

On convergence with hiccups: recent amendments to Poland's competition law

Discusses the amendments to the Polish Competition Act 2007 adopted in June 2014 which aim to enhance the effectiveness of antitrust enforcement, including the introduction of: (1) civil fines for individuals; (2) a "leniency plus" programme based on the US model; (3) a settlement procedure; and (4) extended inspection powers for the Competition Authority. Assesses the likely effectiveness of the reforms.