February 3, 2012

South Korean Antitrust Enforcers Sets Sights On Intellectual Property

While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well.

As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player in the regulation of global technology firms.

Since the mid-2000s, the Korean Fair Trade Commission (KFTC) has investigated, and often sanctioned, global tech firms such as Microsoft, Intel and Qualcomm.  It recently turned its sights to Google.

In 2010, the KFTC significantly revised its guidelines for enforcing Korea’s competition laws with respect to IP licensing.  Those guidelines apply equally to non-Korean firms whose conduct affects Korean markets. 

The US also employs antitrust guidelines for IP licensing, issued in 1995.  How do the new Korean guidelines compare to their US counterparts?

Constantine Cannon recently published an article addressing that question and identifying some similarities and differences.  Click here to read the analysis.

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Categories: Antitrust and Intellectual Property Law, International Competition Issues

    February 1, 2012

    Brits Investigating Whether Concrete Markets Are Crushing Competition

    The United Kingdom’s Office of Fair Trading (OFT) is calling in reinforcements to expand Great Britain’s investigation into whether competition is being blocked in the markets for concrete and its main ingredients, aggregate and cement.

    The OFT has referred Great Britain’s aggregates, cement, and ready-mix concrete markets to the U.K.’s Competition Commission, an independent body that conducts in-depth investigations into mergers and markets.

    The OFT, which has been investigating these markets since 2010, announced that it has concerns that the markets “are not working well.”  In particular, the OFT notes that  five major players account for upwards of 90% of the cement market, 75% of aggregates sales, and around 70% of ready-mix production.

    The big five firms are London-based Anglo American Plc, Germany’s Heidelberg Cement AG, Switzerland’s Holcim Ltd., Paris- based Lafarge SA, and Mexico’s Cemex SAB.

    The OFT also believes that there are high barriers to entry, vertical integration, and multiple contacts and information exchanges across the markets.

    If the Competition Commission concludes that any feature or combination of features in these markets prevents, restricts or distorts competition, the Commission must seek to remedy the problems that it identifies either by introducing remedies itself or by recommending action by other British agencies.

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    Categories: Antitrust Enforcement, International Competition Issues

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