Antitrust & Trade Regulation Finance & Banking General Business

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CPAs Need to Sharpen Awareness of IT Threats

In the most recent “North America Top Technology Initiatives Survey Results,” CPAs responding to the poll ranked “securing the IT environment” as the number-one priority, followed by “managing and retaining data,” “ensuring...more

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for...more

China’s New Proposed Foreign Investment Law — What to Expect

On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) released a draft PRC Foreign Investment Law (the “FIL”) for public comment. Once adopted, the FIL would abolish the Law on Sino-Foreign Equity Joint Ventures...more

In re: Aluminum Warehousing: Cats Live for Another Day

On March 26, 2015, U.S. District Judge Katherine Forrest of the Southern District of New York, in a very colorful decision that metaphorically describes the plaintiffs as cats trying to locate a “rat” in the world of aluminum...more

Increased regulatory activity on the horizon as the FCA acquires new competition powers

As of 1 April 2015, the Financial Conduct Authority (FCA) has acquired new functions and powers in relation to competition. The FCA’s new powers include...more

‘Operation Ruse Control’ Announcement Highlights Importance of Auto Finance Compliance

The Federal Trade Commission—and numerous other federal, state, and local law enforcement agencies in the United States and Canada—recently announced that an enforcement initiative dubbed “Operation Ruse Control” has resulted...more

"Dutch Authority Follows EU by Finding Private Equity Firms Liable for Antitrust Violations of Minority Held Companies"

The Dutch competition authority (the Authority for Consumers and Markets, or ACM) has issued two decisions imposing fines on private equity firms for the participation of their portfolio company in the so-called flour cartel....more

The CFPB and FTC Agree to Continue to Coordinate

In March 2015, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) reauthorized their 2012 Memorandum of Understanding (MOU), extending it for a three-year term with a few small administrative...more

New Investment Canada Act Thresholds and National Security Review Periods

The Canadian government has adopted new regulations and implementing orders that: - significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors....more

China’s New Foreign Investment Guidance Catalogue

On March 10, 2015 the National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly released a new Foreign Investment Guidance Catalogue, which will come...more

Update on Chapter 93A

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and...more

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

Federal Court Finds Amex’s “Anti-Steering” Merchant Rules Anticompetitive

After a seven-week bench trial in an enforcement action by the U.S. Department of Justice (DOJ) and 17 state attorneys general, U.S. District Judge Garaufis (Eastern District of New York) held that American Express Co.’s...more

SIFMA Gets Its Cybersecurity-Antitrust Wish

I’m sure you remember SIFMA’s Principles for Effective Cybersecurity Regulatory Guidance, issued last October. I mean, you read about them right here. One of the principles was this: Principle 9: Information Sharing...more

Court Rules Against American Express Based on Both Direct and Indirect Evidence of Harm to Competition

On February 19, 2015, the District Court for the Eastern District of New York issued its ruling on liability in United States v. American Express. Following a seven-week trial, the Court found that American Express violated...more

What to expect from China's new investment laws

On 19 January 2015 MOFCOM issued a draft of the PRC Foreign Investment Law for public comment (FIL). Below we highlight key features of the new foreign investment regime. While the road to the actual passage of the FIL will...more

FTC sends ECOA report to CFPB

The FTC recently sent a letter to the CFPB reporting on the FTC’s 2014 activities related to compliance with the Equal Credit Opportunity Act and Regulation B. Although the FTC has authority to enforce the ECOA and Reg B as...more

Blakes Competition, Antitrust & Foreign Investment Group Report from Canada

In this issue: - Preface - Key Trends for 2015 - Highlights from 2014 - 2014 Annual Report - Mergers - Foreign Investment - Cartels - Private Actions -...more

"China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments"

In January 2015, China’s Ministry of Commerce (MOFCOM) released a discussion draft of the proposed Foreign Investment Law (Discussion Draft), soliciting comments from the public. The Discussion Draft is aimed to, upon its...more

Comparison Chart re JV Law and Foreign Investment Law (Draft for Comments)

On January 19, 2015, MOFCOM released a draft for comment of PRC Foreign Investment Law (the “FIL”). The deadline for comments is February 17, 2015. The purpose of the FIL is to replace the present-day laws for foreign...more

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

FTC Announces Settlement of First Actions against Auto Title Lenders

The Federal Trade Commission recently announced that it has entered into proposed settlements with two auto title lenders that were charged with deceptive advertising in violation of Section 5 of the FTC Act and the Truth in...more

Locke Lord QuickStudy: Collaborators Beware - OCC Encourages Community Banks to Collaborate

On January 13, 2015, the Office of the Comptroller of the Currency (OCC) released a paper strongly encouraging community banks to consider ways in which they can collaborate to reduce costs, promote expertise, and enhance...more

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification...more

Motion to Dismiss Denied in FX Rigging Case

A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District...more

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