by Amarchand & Mangaldas & Suresh A. Shroff & Co.
On 13 August 2009, the Competition Commission of India (the CCI) notified The Competition Commission of India (Lesser Penalty) Regulations, 2009 (No. 4 of 2009) (the Lesser Penalty Regulations), which, pursuant to the provisions of Section 46 of the Competition Act 2002 (the Act), prescribe the manner and degree to which the CCI can reduce the penalties for members of a cartel that make vital disclosure to the CCI, helping them to investigate and establish a cartel.

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By Luke Woodward and Angie Ng
In this article, we outline in detail the parameters of the prohibition against misuse of market power pursuant to section 46 of Australia's Trade Practices Act 1974.
We address a range of issues, including: (a) the basic elements of the section 46 offence; (b) whether section 46 applies to public bodies; (c) how "substantial degree of power in a market" is defined and established; (d) how "take advantage of" is defined; (e) how recoupment is relevant to the evaluation of predatory pricing; (f) how refusal to deal is dealt with; and (g) whether there are any defences to this prohibition.
This article appeared in the 1st edition of The International Comparative Legal Guide to: Dominance 2009; published by Global Legal Group Ltd, London www.iclg.co.uk in August 2009.

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This update describes the Competition Commission of Singapore's proposed infringement decision against 16 companies (bus service providers operating from Singapore and Malaysia) and a bus association.

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By: David Fruitman
On April 14, 2009, the Vietnam Competition Council (“VCC”) issued a decision after holding its first hearing in relation to an act in restriction of competition. In the public hearing, the VCC fined the Vietnam Air Petrol Company (“Vinapco”) approximately VND 3 billion for abuses of its monopoly position. In addition to the fine, the VCC appears to have approved recommendations of Jetstar Pacific Airlines (“Jetstar”) that Vinapco be split off its parent company Vietnam Airlines, that regulators pay careful attention to its operations and that other firms be allowed to sell jet fuel thereby eliminating Vinapco’s monopoly.

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By Mandviwalla & Zafar
In recent times, a number of significant developments have occurred in competition law in Pakistan, including the establishment of the Acquisitions & Mergers Facilitation Office within the Competition Commission of Pakistan, amendments to the merger control regulations and a number of notable decisions by the Competition Commission of Pakistan. This article provides a summary of these recent developments.

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