Welcome to this issue of Mayer Brown’s Antitrust & Competition Review. We are pleased to present articles from around the world on topics related to mergers and acquisitions, enforcement agency activity and developments concerning competitive practices.
Mergers & Acquisitions. The Hart-Scott-Rodino Act requires that large-scale mergers and acquisitions in the United States be reported in advance to the antitrust agencies. However, there are some special exemptions for energy companies, as well as exceptions to the exemptions. Scott Perlman helps unravel this tangled regulation.
Mergers between public hospitals have been on the rise in several parts of the world, with questions being raised as to whether competition law principles provide the most appropriate criteria for assessing such combinations. Kiran Desai examines the UK experience and its broader implications.
In China, the ministry responsible for merger review has been increasingly active and has attracted growing attention. Philip Monaghan looks at some recent merger cases and considers the implications for the agency’s future practice. The same ministry also conducts national security reviews in China, which are related to, but not the same as, competition law reviews. Hanna Ha explains how this often misunderstood process functions.
Enforcement. In the United States, the Federal Trade Commission pursues investigations and challenges under a unique law that only it may enforce, but how the prohibitions of that law differ from what is prohibited under the other US antitrust laws has been a matter of controversy. Daniel Storino and Robert Entwisle describe the nature of the debate and what is at stake.
In Brazil, the council responsible for enforcement has been dramatically overhauled. Eduardo Molan Gaban reviews the council’s achievements and examines its future.
Practices. Mobile payment systems are becoming a hugely important driver of economic activity, but they also have attracted considerable attention under antitrust and competition law. Manu Mohan describes the European Commission’s scrutiny of this phenomenon and provides some practical advice.
In the United States, Richard Steuer reviews an important new decision scrutinizing loyalty discounts, which encourage customers to buy only one brand. He addresses what the decision could mean for sellers and buyers.
We hope you enjoy this issue of the Review and we welcome your questions and your comments.