Antitrust & Trade Regulation International Trade

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U.S. International Trade Commission Makes Final Injury Determination On Supercalendered Paper From Canada

On November 18, 2015, the U.S. International Trade Commission (ITC) voted affirmative in connection with its final injury investigation on supercalendered paper from Canada. The ITC commissioners unanimously determined (with...more

Global merger control: Charting a route to port

As investors scour the world for growth, regulators are placing cross-border deals under ever greater scrutiny, and a new regulatory world order is emerging. Understanding it is essential. Merger control: Getting your...more

Lessons to keep in mind for your next complex global deal

Antitrust assessment by regulators around the world is becoming increasingly more complex and less predictable. And with global M&A activity approaching boom levels, companies need to plan carefully when preparing for their...more

What you need to know about Hong Kong Competition Law (Part 5) - Investigation and Enforcement

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition...more

The globe-trotter's guide to merger control: How to avoid falling into traps

Having a sound knowledge of the intricacies of merger control regimes and thresholds is essential when guiding a complex crossborder M&A deal over regulatory hurdles to successful completion. With global cross-border M&A...more

[Webinar] Corruption and Third Parties: Top Ways to Mitigate Risks - Dec. 1st, 12:00pm EST (3:00pm Brazil)

New laws, increased enforcement and broadened liability increase the urgency for companies working in Brazil to put processes in place to prevent corruption within their own organizations and among their business partners....more

Gun-jumping triggers trouble

In merger control, gun-jumping refers to two distinct types of prohibited practices: failure to notify authorities of a transaction triggering merger thresholds, and implementing a notified transaction before receiving merger...more

European Competition Law Newsletter – November 2015

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

Never say never

When circumstances change, regulators can reverse previous decisions on merger rulings, encouraging companies to reconsider transactions that they initially believed were too challenging to pursue. Many potential mergers...more

Private equity firms: In the line of antitrust fire?

There was a time when private equity firms may have seen themselves as arms-length financial investors but regulators are increasingly holding them responsible for the behaviour of their portfolio companies. A new type...more

Playing by the new global competition rules - South Korea: Building for the future

Antitrust regulators around the world are becoming more aggressive and sophisticated in their investigation and enforcement activities, working in coordination across borders and imposing increasingly higher fines. South...more

Split Federal Circuit Panel Curtails ITC’s Ability to Regulate Electronic Transmission of Data

On November 10, 2015, a split panel of the Federal Circuit issued a decision in ClearCorrect Operating, LLC v. Int’l Trade Comm’n (No. 2014-1527), curtailing the jurisdiction of the U.S. International Trade Commission ("ITC")...more

Remedies in multijurisdictional merger control: Curse or cure?

The rising number of enforcers imposing remedies in international merger control increases the level of uncertainty around whether and in what form a complex deal can be navigated through competition authorities....more

European merger control: Well-oiled machine or spluttering engine?

Commissioner Margrethe Vestager was in a celebratory mood when she addressed an audience in Brussels in March 2015 as the EU merger control body celebrated its 25th anniversary: "There is reason to celebrate because the...more

ITC Powerless to Block Importation of Infringing Digital Files

The Federal Circuit held that the U.S. International Trade Commission (“ITC”) could not block the import of infringing digital files because the ITC lacked jurisdiction. According to the Federal Circuit, the term “articles”...more

Below-threshold transactions: Enforcement and exposure

Whether a jurisdiction will investigate a consummated deal that did not require pre-close notification varies widely by country. The US and China provide examples to highlight the range of approaches to merger control where...more

Federal Circuit panel decision 2-1 reverses U.S. International Trade Commission determination that it has authority to regulate...

In ClearCorrect v. ITC, issued on November 10, 2015, the Federal Circuit interpreted the term “articles” as used in Section 337 to be tangible, physical items. Accordingly, electronic transmissions were held to be outside the...more

Health Care E-Note - October 2015

For health care professionals who began accepting Meaningful Use incentive money at the outset of availability under the Medicare option in 2011, the year 2015 is an important year. By starting early, eligible health care...more

US China Trade War — TPP, Three False Trade Arguments, China President Trip, Trade, Customs, IP/Patent Securities

As indicated in more detail below, the Import Alliance will have meetings on November 17th and 18th in Washington DC. On the afternoon of November 17th, we will meet in our Washington DC office and then on November 18th meet...more

Final Text of Trans-Pacific Partnership Released

At long last, the final text of the Trans-Pacific Partnership, a free trade agreement among a dozen Pacific Rim nations, has now been made available to the public. The chapter on intellectual property, however, does not...more

FCC Form 740 Importation Filings for Radio Frequency Devices Will Be Temporarily Suspended Late Next Year

Imported Radio Frequency (RF) devices must be compliant with the Federal Communications Commission’s (FCC or Commission) equipment authorization rules, but importers can look forward to some relief in their paperwork next...more

EU Control List Update

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics...more

FTC and International Partners Launch New Information-Sharing System

On October 25, the FTC and seven members of the Global Privacy Enforcement Network (GPEN) launched GPEN Alert, a new information-sharing system designed to enhance coordinated efforts to protect consumer privacy. ...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

"MOFCOM Lifts Hold-Separate Remedies for the First Time"

In late 2011 and early 2012, China’s Ministry of Commerce (MOFCOM) introduced a new and unique merger control remedy with far-reaching implications. In two separate decisions involving nearly simultaneous global acquisitions...more

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