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Antitrust / Competition

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In Antitrust / Competition

Indonesia: Competition risks in the digital sector

by and 3 Mins Read

The Digital Markets Act (EU Regulation 2022/1925) came into force on 1 November 2022, with the aim of promoting fair business practices in the digital industry in Europe. While the DMA itself may have no direct implication for Indonesia, the KPPU – Indonesia’s competition authority – often refers to developments and thought-leadership on enforcement from other prominent jurisdictions, including the EU. Digital businesses operating in Indonesia may use the DMA as a navigation tool, and clients may find the practical risk mitigation tips useful.

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In Antitrust / Competition

United States: FTC expanding scope of unfair competition

by , , , , , and 9 Mins Read

On 10 November 2022, following a 3-1 vote, the Federal Trade Commission issued a policy statement expanding its interpretation of the scope of unfair methods of competition under section 5 of the Federal Trade Commission Act. Section 5 of the FTC Act prohibits “unfair methods of competition,” which covers conduct that violates antitrust laws or section 5 itself.

In Antitrust / Competition

Mexico: COFECE investigates the market of services related to credit card transactions

by , , and 4 Mins Read

On 27 October 2022, the Investigating Authority of the Federal Economic Commission (COFECE) published a notice initiating an investigation into the marketing of services related to credit card transactions in the form of deferred payments with interest-free months due to alleged absolute monopolistic practices (or cartel practices), in particular, price fixing and the exchange of commercially sensitive information.

In Antitrust / Competition

Multijurisdictional: The burden of proof in competition cases

by 3 Mins Read

Regulators and courts in common law jurisdictions around the world are being given significant and increasing powers to impose financial penalties without traditional criminal law safeguards. Competition law has been particularly susceptible to arguments that traditional safeguards should be discarded to aid regulators in securing convictions. In the first competition case to go to trial in Hong Kong, the Competition Tribunal held in 2019 that in competition proceedings seeking financial penalties, the authority had the burden to prove its case beyond reasonable doubt. This article considers the approach taken in other common law jurisdictions and scope to argue for increased safeguards and human rights protections for clients facing financial penalties.

In Product Regulation & Liability

Multijurisdictional: 2022 Chambers Advertising & Marketing Practice Guide

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

Baker McKenzie was invited to serve as the global editor of the Chambers Advertising & Marketing 2022 Practice Guide which features 8 high-profile jurisdictions and provides the latest legal information on the impact of the COVID-19 pandemic, advertising claims and clinical studies, comparative advertising, social/digital media, influencer campaigns, consumer promotions, sports betting/gambling, and cryptocurrency and non-fungible tokens.

In European Union

European Union: The Digital Services Act (DSA) and the Digital Markets Act (DMA) finally approved

by , , , and 7 Mins Read

On 4 October 2022, the Council of the European Union definitively approved the Digital Services Act, maintaining unchanged the content proposed by the European Parliament. On 5 July 2022, the European Parliament also approved the articles of the Digital Market Act still pending a final vote in the Council. The Digital Market Act and the Digital Services Act regulate the legal status of providers of intermediary services (e.g., online platforms such as marketplaces, search engines, social networks, hosting services, etc.) and thus also affect other actors (users and businesses of all sizes) interacting through their services.

In Antitrust / Competition

United States: This Week in Government Enforcement (Video Chat)

by and 13 Mins Read

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas.
This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need for your business week.
This week’s discussion will cover the following:
• DOJ’s Scrutiny on Interlocking Directorates spurs Board resignations
• DOJ files its first criminal Section 2 attempted monopolization case in decades

In Antitrust / Competition

Mexico: COFECE investigates possible cartel practices in the market of public procurement procedures

by , , and 4 Mins Read

The Investigating Authority of the Federal Economic Competition Commission published on 12 October 2022, a notice initiating an investigation, for alleged anticompetitive conduct of horizontal monopolistic practices (or cartel practices) in the market of public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies.

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