Competition Outlook in Key Global Regions

The European Commission wants wider and more harmonized powers for national competition authorities. Importantly, the UK will vote on its membership in the EU in June. If what’s being called “Brexit” does occur, there will be significant impact on competition law in the UK, including removal of the UK from the “one-stop shop” position in matters of merger control.

The outcome of pending cases in the financial sector before the EC will provide guidance on potential future enforcement priorities and where the Commission will focus resources.

Chinese competition authorities are updating key jurisdictional rules, and this should shorten the merger review timetable. Compliance will remain a focus. China’s State Council has announced plans to review the Anti-Monopoly Law. Research has also been conducted on whether to create a single competition authority covering both mergers and anti-competitive conduct.

Nearly all the ASEAN countries have now adopted competition laws, and the most recent adoptees will begin drafting rules to support implementation of their laws. In addition to new regimes, existing ones have also undertaken a widespread review of their rules across the region.

In the United States, Federal Trade Commission and Department of Justsice policies on merger remedies have become so strict that there is a risk that difficulty in finding eligible buyers for a set of divested assets could force merging parties to abandon their transactions. Both agencies have been focused on making sure remedies are effective and create a viable competitor.