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5 Competition L. Int'l 1 (2009)

handle is hein.journals/cmpetion5 and id is 1 raw text is: Competition Law International The journal of the Antitrust Committee of the International Bar Association February 2009 Vol 5 No 1 Citation (2009) 5 CLI Competition Law International is published three times a year. The views expressed in this journal are those of the contributors and not necessarily those of the International Bar Association. Antitrust Committee Officers Co-Chairs Iigo Igartua Gomez Acebo & Pombo, Spain Ronan Harty Davis Polk & Wardwell, USA Senior Vice-Chairs Neil Campbell McMillan Binch Mendelsohn LLP Canada Greg McCurdy Microsoft Corporation, USA Vice-Chairs Cani Fernandez Cuatrecasas, Belgium Jos6 Regazzinni Tozzini Freire Advogados, Brazil Secretary Dave Poddar Mallesons Stephen Jaques, Australia Publications Editor Pieter Steyn Werksmans Inc, South Africa Working Group Coordinator Andrea Appella Office of Fair Trading, England Website Officer Kimitoshi Yabuki Yabuki Law Offices, Japan Newsletter Editors Elizabeth Morony Clifford Chance, England Marc Reysen Howrey LLP Belgium CCF Liaison Officer Greg McCurdy Microsoft Corporation, USA International Bar Association Mark Ellis Executive Director Jackie Davis Head of Publications (maternity cover) Emma Reitano Editor Laura Shipway Editor Tom Maguire Editor Ed Green Assistant Editor Rachael Ivancic Publications Administrator Tim Licence Head of Production and Design Penny Newton Creative Artworker Will Fox Typesetter/Artworker Leonie Girard Junior Artworker Andrew Webster-Dunn Head of Sponsorship and Advertising For details of advertisement and insertion rates please contact the International Bar Association at advertising@int-bar.org International Bar Association 10th Floor, 1 Stephen Street, London WIT 1AT Tel +44 (0)207 691 6868 Fax +44 (0)207 691 6544 Editorial: editor@int-bar.org Advertising: iba@int-bar.org www.ibanet.org © International Bar Association 2009 Change of Address Please inform the International Bar Association at the London address (e-mail: member@int-bar.org) Postal Information Postmaster - send corrections to: Competition Law International C/O Mercury Airfreight International Ltd 2323 Randolph Avenue, Avenel NJ 07001 (US Mailing Agent) Periodicals postage paid at Rahway, NJ, USA Printed by Cambrian Printers, Wales Editors' introduction 2 Antitrust in China - a constantly evolving subject 4 Shang Ming Recent DC Circuit decisions in Whole Foods leave standard for future mergers unsettled 12 Ilene Knable Gotts, Joseph J Simons, George T Conway Il and Aidan Synnott Checks and balances: EU competition law and the rule of law 24 Dr Philip Marsden Tumultuous times: the escalating US debate on the role of antitrust in standard setting 29 Charles T (Chris) Compton Fines for antitrust infringements under the new Spanish 2007 Competition Act 39 Pablo Figueroa US Supreme Court to address price squeeze issues 46 Kathryn M Fenton and Hugh M Hollman Essential facilities doctrine: applicability in certain regulated industries in Venezuela 54 Bruno Ciuffetelli and Jos6 Angel Cobeia Polish leniency and commitment procedures - shifting sands for applicants 59 Dorothy Hansberry-Bieguiska Working Group: Singapore Leniency Guidelines 63 Working Group: Competition law in Hong Kong 64 Working Group: UK Competition Commission 67 Terms and Conditions for submission of articles 1. Articles published in Competition Law Internatonal must be the original work of the author, must not have been prev;ousy publshed, and must not currently be under consideration by another journal If it contains material which is someone else's copyright, the unrestricted permission of the copyright owner must be obtained and evidence of this submitted with the art:cle and the material should be clearly identified and acknowledged with:n the text. The article shall not, to the best of the author's knowedge, conta n anything wh:ch is libellous, illegal, or infringes anyone's copyright or other rights. 2. Copyright shall be assigned to the IBA and the IBA will have the exclusive right to first publication, both to reproduce and/or distnbute an art:cle (including the abstract) ourselves throughout the world in printed, electronic or any other medium, and to authorise others (including Reproduction Rights Organisations such as the Copy- right Licensing Agency and the Copyrght Clearance Center) to do the same. Following first publication, such publishing rights shall be non-exclusive, except that publication in another journal will require permission from and acknowledgment of the IRA. Such permission may be obta:ned from the Head of Publications at editor@ int-bar.org. 3. The rights of the author will be respected, the name of the author will always be clearly associated with the article and, except for necessary editorial changes, no substantial alteration to the article will be made without consulting the author, FSC Mixed Sources P 'od- group f- -11-oranaged to d Ih , -t,.Iled

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