The Canadian Government has announced plans to appoint an 'expert independent panel' to complete a comprehensive review of the country's competition policies. Specialists have commented that this is an opportunity to introduce greater fines for conspiracies—the current maximum is C$10 million—as well as fines for abuse of dominance (none exist today) and perhaps increased rights of private action.
The exact scope of the review has yet to be announced.
Japan
JFTC imposes record fines on bid-riggers
The Japan Fair Trade Commission has fined five companies a total of A$286 million for allegedly having rigged 32 bids for waste incinerator installation contracts. The fines imposed on the companies (Mitsubishi Heavy Industries, JFE Engineering, Kawasaki Heavy Industries, Hitachi Zosen Corp. and Takuma Co.) are the highest for anti-monopoly law violations by business firms.
New Zealand
Ribena's misleading claims caught out by New Zealand Commerce Commission
The multinational company GlaxoSmithKline has been ordered to run an advertising campaign after it admitted misleading the public about the vitamin C component in its Ribena blackcurrent drink. GlaxoSmithKline has also been fined A$217 000 after pleading guilty to 15 breaches of the Fair Trading Act.
New Zealand Commerce Commission cleared to pursue foreign defendants
The New Zealand High Court has ruled that the New Zealand Commerce Commission can pursue penalty proceedings against three defendants in the wood chemicals cartel case who were living overseas when the cartel was operating. The defendants argued that they lived overseas and did not perform any acts in New Zealand that breached the Commerce Act. The NZCC accepted that most of their alleged actions took place outside New Zealand, mainly occurring in Australia, but noted that the cartel affected New Zealand businesses and consumers. The High Court set aside the protests of all defendants and held that people who allegedly enter into cartel agreements overseas, which are aimed at a New Zealand market, can be pursued in the New Zealand courts.
South Africa
Mittal charged with excessive pricing
South Africa's Competition Tribunal has ruled that Mittal Steel, which holds a monopoly position in South Africa, contravened the country's Competition Act by charging an excessive price for its flat steel products. The Competition Tribunal dismissed a complaint that Mittal induced its customers not to deal with a competitor on the grounds that it was not satisfied with the facts presented. It is the first excessive pricing case to be heard by the tribunal.
United States of America
United States court dismisses foreign claimants
The United States Court of Appeals for the Eighth Circuit has upheld a ruling that excludes foreign plaintiffs from bringing a class action brought against manufacturers of monosodium glutamate (MSG). The decision by the court sets a high standard of proof for any effect on US commerce, going further than the Supreme Court in the Empagran Case to block any attempts by foreign plaintiffs seeking to exploit the US’s Foreign Trade Antitrust Improvements Act 1982.
