Antitrust & Trade Regulation International Trade

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US CHINA TRADE WAR–CHINA STOCK MARKET CRASH, TRADE, IP/PATENT, SECURITIES

Since the last blog post focused on trade policy and trade and customs issues, with extensive coverage of the Trade Promotion Authority fight in the US Congress, after addressing the trade area briefly, this blog post plays...more

Ofcom appeal reverses ATVOD decision in Vice UK case

By its decision of 21 July 2015, Ofcom has upheld an appeal by Vice UK Limited, ruling that Vice should not be classified as an on-demand programme service (ODPS) for the purposes of the Communications Act 2003 (Comms Act)....more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

Competition News July-August 2015

French merger control: The Competition Authority agrees to approve the prospective acquirer of assets sold by the purchaser - On May 15, 2015, the Competition Authority authorized, subject to certain conditions, the...more

A New Concept in Cartel Fining: “Direct EEA Sales Through Transformed Products”

On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic Area [EEA]...more

Debate over the Exclusivity Period for Biologics in the Trans-Pacific Partnership

A group of Democratic lawmakers and advocacy organizations criticized protections for brand-name biologics in the current draft of the Trans-Pacific Partnership, or TPP, a free-trade agreement among a dozen Pacific Rim...more

Enforcement Provides Important Update for Auto Industry

For the last several years, the global auto industry has been rocked by unprecedented investigations and prosecution. Numerous international cartels, involving scores of companies and individuals, have engaged in...more

Milk expiration dates and clever cartels

The Planet Money podcast this week has a story about the Greek economy. According to the podcast, there is a Greek milk producer “cartel.” Of course cartels are unlawful in Europe, just as they are in the U.S. So it seems...more

FCA's Competition Law Concurrency Guidance

Since 1 April 2015, the UK financial services community has awaited with some trepidation the use by the FCA of its new "concurrent competition law powers". These enable the FCA to investigate and sanction companies for...more

From Behind the Bribe: The Sharp End of Compliance [Video]

In a short video, Richard Bistrong describes his journey through the dark side of international business, and how he rationalized bribery during his career as an International Sales VP. Richard also describes what it was...more

EU’s Highest Court Confirms that Seeking an Injunction for SEPs May Constitute an Abuse of a Dominant Position

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an...more

Mexico’s New National Anticorruption System: 7 Key Points

Mexico’s President, Enrique Peña Nieto, has promulgated the Constitutional Reform regarding the creation of the National Anticorruption System. ...more

EC's Infringement Proceedings for Intra-EU BITs Cause Uncertainty for Investors

On 18 June 2015, the European Commission initiated infringement proceedings against five member states of the European Union for intra-EU bilateral investment treaties' (BITs) incompatibility with Article 351 of the Treaty on...more

EU Court: Standard Essential Patent Owners May Be Abusing Dominance

On July 16, the European Court of Justice issued a decision stating that standard essential patent (“SEP”) owners that seek injunctions against companies willing to license intellectual property on fair and reasonable terms...more

Private Equity Newsletter - Summer 2015 Edition: Where’s the Exit? New Opportunities in China for Private Equity Firms

It has long been a well established exit route in developed markets for a private equity firm to sell its interest in a portfolio company to a listed company in exchange for shares in that listed company. Until recently, this...more

European Union High Court Gives Guidance On Seeking Injunctive Relief On FRAND-Encumbered Seps (Huawei V. ZTE)

Today, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also...more

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and...more

[Webinar] International Trade and Antitrust — Clarity Put on Hold as FTAIA Conflict/Confusion Continues - July 30, 12:00pm CT

More than 30 years since the enactment of the Foreign Trade Antitrust Improvements Act (FTAIA), it continues to be characterized by confusion about the application of U.S. antitrust laws to international trade, which is the...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

Perfecting the (European) Class Action

Last month, I got to experience what I consider a career highlight: I was invited to speak on “Perfecting the Class Action” at Middle Temple. The spiel I gave would be familiar to readers here (it was a basic description of...more

Canadian Procurement Changes are Good News for the Bureau’s Leniency Program

On July 3, 2015, the Government of Canada announced changes to its Integrity Regime for suppliers. Under the existing regime, suppliers convicted of certain offences, including Competition Act offences such as price-fixing...more

[Webinar] Find Out How Your Approach to Compliance Training Compares To Hundreds of Your Peers - July 22, 10:00am PT/ 1:00pm ET

Join us for this free webinar as we reveal the results of our 2015 Ethics & Compliance Training Benchmark Report. Find out how your program compares to the 600+ training professionals who weighed in this year. You’ll find...more

Guide To Doing Business in New Zealand: Trade Practices & Consumer Protection (Updated)

TRADE PRACTICES AND CONSUMER PROTECTION - New Zealand has extensive laws dealing with trade practices and consumer protection matters. TRADE PRACTICES - Competitive business activity in New Zealand is...more

Standing in the antitrust firing line - Regulators investigating antitrust cases are reaching across borders, and fines are on the...

Regulators investigating antitrust cases are working across borders and are getting tougher on transgressors. Corporates at risk need to be more prepared than ever. In 2000, a cartel of companies producing the animal...more

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