Administrative Agency International Trade Antitrust & Trade Regulation

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Supreme Court's Indefiniteness Ruling Has Immediate Impact at ITC

After a hearing in an Investigation occurred between February 24 and March 7, 2014 and with the parties having submitted their opening post-hearing briefs on March 21, 2014 and their reply post-hearing briefs on March 28,...more

Guest Post: The U.S. Government Continues to Have "Serious Concerns" with Canada's Heightened Patent Utility Requirements

While the United States and Canada share a border, common values and a strong commitment to international trade and security issues, many are surprised to learn that protection of intellectual property (IP) is a source of...more

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

October 2013: International Trade Commission Update - ITC Unveils New Pilot Program Aimed at Early Resolution of 337...

The United States International Trade Commission recently unveiled a new pilot program aimed at faster, less expensive resolution of 337 investigations. As part of the pilot program, the Commission “will identify, at...more

ITC Section 337 Update - April 15, 2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

Chinese Authorities Fine LCD Cartel Members in NDRC’s First Global Cartel Decision

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more

China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time

Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed...more

REGULATORY: UK Competition Law: Playing the Energy Game; Regulating Market Outcomes by Suzanne Rab, Derek Holt*

With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising...more

Avoiding Anti-competitive Employee Recruitment Arrangements: The United States Department of Justice Challenges eBay and the...

In 2010, the government of Canada amended the Competition Act, making anti-competitive conspiracies between competitors or potential competitors a per se criminal offence, requiring no evidence of an adverse impact on...more

Corporate and Financial Weekly Digest - December 14, 2012

In this issue: - CFTC Issues No-Action Letters - SEC Division of Investment Management Lifts Actively-Managed ETF Derivatives Use Moratorium and Announces Two Rulemaking Initiatives - Antitrust “Tying” Claims...more

UAE Legislative Update – The UAE Promulgates a Competition Law

The United Arab Emirates (“UAE”) federal government has issued the long anticipated Federal Law No. 4 of 2012 on the Regulation of Competition (the “Law”). The Law was published in the Official Gazette in December 2012 and...more

Your Chinese Trading Partners’ SAFE Status May Impact Your Payment Terms

Chinese currency (renminbi or RMB) is not an internationally convertible currency. A Chinese company needs to convert its RMBs into internationally circulated currencies to pay for imported goods or convert foreign currencies...more

JFTC Releases Survey on Corporate Compliance Efforts and Recommends Best Practices

On November 28, 2012, the Japan Fair Trade Commission (“JFTC”) published the findings of its 2012 survey of corporate compliance practices based on (i) responses from approximately 879 companies listed on the Tokyo Stock...more

Up in the air – the suspension of the aviation EU ETS for non-EU airlines: UPDATE

Since our client alert last week, the European Commission has published a draft Decision and ‘Questions and Answers’ (“Q&As”), elaborating on its proposal to ‘stop the clock’ on the international aviation elements of the EU...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

Energy Newsletter - November 2012

In This Issue: REGULATORY: Environmental: - Recent Common Sense Decisions on Source Aggregation: A Roadmap for Regulating Oil and Gas Emissions? D.C. Regulatory: - The FTC’s Revised Green Guides...more

Increased Participation and Transparency: UK Antitrust Regulator Issues Revised Antitrust Guidance

UK antitrust regulator issues revised antitrust guidance. The OFT introduces increased transparency, more active participation and greater checks and balances into antitrust proceedings....more

CSRC Further Opens China’s Investment Banking Market – But Just a Little

The China Securities Regulatory Commission (“CSRC”) recently amended the Rules on the Establishment of Foreign-Invested Securities Companies (????????????; the “FISC Rules”) to raise the cap on the permissible foreign stake...more

China Bulletin - Business, Trade and Competition - October 2012

In This Issue: - China Seeks Comments on Draft Patent Law - China Requests WTO Consultations with United States Regarding PL 112-99, Certain AD/CVD Measures - Taiwan Signs Agreements on Investment Protection...more

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

On August 27, 2012 the American Chamber of Commerce, Beijing, hosted a luncheon meeting where Ms. Li Qing, Deputy Director, National Development and Reform Commission (“NDRC”) Price Supervision and Anti-Monopoly Bureau, and...more

UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct

UK’s Top Antitrust Regulator Issues New Fines Guidance: Penalties to Better Reflect the Impact of Relevant Conduct On 10 September 2012, following extensive consultation and in the wake of a number of judgments...more

The Implications of Private LIBOR Litigation

Like other major financial controversies, the London Interbank Offered Rate (“LIBOR”) case is spawning private litigation in the United States. The dangers of an antitrust violation include treble damages in private suits...more

Trade & Manufacturing Alert - September 2012

In This Issue: - 01 China To Cut Production Of Rare Earth Minerals By 20 Percent, Threatens U.S. Manufacturing - 02 China Increases Efforts On Optimizing Geographic Distribution Of Industries - 02 Senator...more

Energy Newsletter - September 2012

In This Issue: - REGULATORY: - Environmental: EPA’s Rules Affecting the U.S. Power Sector; Taking On EPA’s Rules Effectively Banning New Coal-Fired Generation - EU Competition Law: Czech Energy...more

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