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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
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
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
Cani Fernandez Cuatrecasas, Belgium
Jos6 Regazzinni Tozzini Freire Advogados, Brazil
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
© 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@
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,

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