The US Federal Trade Commission recently issued a consent decree that brings into focus the risks of requiring exclusivity. While In the Matter of Pool Corporation, FTC File No. 101 0115 (Nov. 21, 2011), involves unique facts, we believe that the FTC is investigating a number of exclusive arrangements, and that there may be other consent decrees to follow.
There is an unprecedented focus by the competition authorities in Europe on the food sector, and this sector is being subjected to a root and branch review. Large processed food suppliers and retailers are likely to be a particular focus of attention.
This article explains the referral scheme under the new European Community Merger Regulation1 ("ECMR") which aims at introducing a greater degree of flexibility into case allocation between the European Commission ("Commission") and Member States.
On 3 October 2003 the Commission launched consultation on draft texts in order to complete the reform of the European antitrust procedures. This so-called "modernization package" must be seen in light of the new enforcement system for the European competition rules on restrictive agreements and the abuse of dominant positions that will enter into force in May 2004.