Antitrust & Trade Regulation Construction

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Competition law and joint bidding: dos and don'ts for the construction industry

It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market...more

March Antitrust Bulletin

On February 5, 2016, the Federal Trade Commission opposed McWane Inc.’s petition to the U.S. Supreme Court to review the 11th U.S. Circuit Court of Appeals’ affirmation of a November 2015 FTC opinion that McWane unlawfully...more

Pleading Reliance in Unfair-Trade-Practices Claims

Two years ago, the North Carolina Supreme Court held that a plaintiff who sues under N.C. Gen. Stat. § 75-1.1 based on a misrepresentation must show actual and reasonable reliance on the misrepresentation....more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

Principal May Not Be Held Liable Under “Joint Action” Theory for Breach of Contract By Company, But May Have Individual Liability...

The Connecticut Supreme Court recently issued an opinion in Joseph General Contracting, Inc. v. Couto, (SC 19209) that preserved the limited liability of a principal for breach of contract claims against the company, but...more

Harper Review: Road Pricing - Are We At A Turning Point?

Several recent reports issued in Australia have highlighted the critical economic impact of road congestion in our major cities. One such report, the Final Harper Competition Policy Review Report (Harper Review) released...more

Competition Commission of India Conducts First-Ever Raid

Earlier this week, India’s competition regulator-the Competition Commission of India (“CCI”)-raided two offices of JCB India Limited (“JCB”), a UK-based manufacturer of construction equipment. This raid marks the first time...more

Aerospace and Defense Series: Leading Antitrust Considerations for Teaming Agreements

This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more

Competition Issues In Resources Projects - Sharing Infrastructure (Australia)

INTRODUCTION - Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more

Antitrust "Tying" Claims Dismissed Against Homebuilders

The US District Court for the Eastern District of California recently ruled on the type of activity that constitutes a claim of impermissible “tying” under federal antitrust law, holding that the alleged misconduct of a group...more

Appeals Result in OFT Fine Reductions for Construction Companies

Following the first batch of appeals against the Office of Fair Trading's (OFT) decisions in the construction cover pricing case, the Competition Appeal Tribunal (CAT) has reduced the fines for all 13 companies. On 11...more

Brussels Brief - November 16, 2010

Executives Fined Personally for Leading a Cartel in the Netherlands On 4 November 2010 the Dutch Competition Authority (known by its Dutch acronym “NMa”) sent a strong signal to any high-ranking company officials who...more

Recovery Act and Updates to "Buy American"

On March 25, 2010, the Office of Management and Budget ("OMB") offered three small, yet significant, amendments to the rules implementing the "Buy American" requirement of the American Recovery and Reinvestment Act of 2009...more

Developing Caribbean Procurement Law

Traces the development of procurement law in the Commonwealth Caribbean....more

Antitrust Alert: Paving the Intersection of Antitrust and Labor Law

It has long been true that, in order to avoid too sharp a clash between labor and antitrust policies, collective bargaining agreements do not run afoul of the antitrust laws. But what about certain provisions within...more

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