Antitrust & Trade Regulation International Trade

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Recent Cases Discuss U.S. Antitrust Issues in Global Supply Chains

Two recent court decisions examined the reach of U.S. antitrust laws to protect against injuries affecting global supply chains. The Foreign Trade Antitrust Improvement Act (FTAIA) limits the application of U.S. antitrust...more

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and...more

U.S. Commerce Department Imposes Preliminary Antidumping Duties on CSPV Products Sourced from Taiwan and China

As we first reported on Twitter, the International Trade Administration of the U.S. Department of Commerce (“ITA”) announced in a Fact Sheet on July 25, 2014, its Affirmative Preliminary Determination that certain Chinese and...more

Certification Requirements Imposed on Solar Cells from Taiwan and the People’s Republic of China

On July 25, 2014, the U.S. Department of Commerce (Commerce) announced its antidumping duty preliminary determinations involving Certain Crystalline Silicon Photovoltaic Products from Taiwan and the People’s Republic of...more

Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities

Antitrust laws, like the Sherman Act, protect American markets from anticompetitive practices. But, under the Foreign Trade Antitrust Improvements Act (FTAIA), American antitrust laws only reach foreign conduct in specific...more

China Update - July 2014 #2

In This Issue: - Quote of the Week - U.S-China Relations - Energy & Environment - Trade - Excerpt from U.S.-China Relations: U.S.-China Counterterrorism Dialogue - On July 15,...more

Global Briefing: The Intersection of International Investment and Trade

International dispute systems adopted two decades ago have emerged over time as central components of legal, political, and economic development in Latin America. Two distinct systems – international investment and trade –...more

The Internet of Things: Ofcom call for input

Ofcom has issued a call for stakeholder input on the emerging Internet of Things. The Internet of Things describes the inter-connection of multiple “things”, be they devices or sensors, that are able to communicate and share...more

ITC Section 337 Update – July 2014

Commission Affirms No Domestic Industry Based On Research And Development In 859 Investigation – On July 21, 2014, the Commission issued a Notice To Affirm In Part, Reverse In Part And Vacate In Part The Final Initial...more

US China Trade–Developments In Trade, IP, Antitrust And Securities

Dear Friends, There have been major developments in the trade, policy, US Exports to China, CFIUS, Chinese Antidumping, US/Chinese antitrust, and securities areas....more

Federal Circuit Says Commission Must Toe the Line in Invisalign ITC Case

In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses...more

China’s (Shanghai) Pilot Free Trade Zone: Widening the Outbound Investment Pipeline

The launch of the China (Shanghai) Pilot Free Trade Zone (FTZ) last September attracted a lot of attention both inside and outside of China. Since then, the lack of progress implementing stated goals for the FTZ as a...more

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

EU Court Says Loyalty Discounts Betray Competition: Ruling Underlines U.S. Differences

Intel's use of loyalty discounts and rebates to computer manufacturers and other actions directed at competitor Advanced Micro Devices violated EU competition law, according to the European Union's (EU) General Court. The...more

Medical Devices: recent developments in the UK and the US

As it becomes harder for rights holders to control the flow of infringing medical products, Baker Botts’ Neil Coulson and Mark Whitaker review developing case law on both sides of the Atlantic. Whether a company...more

ITC Section 337 Update – July 2014

Commission Enforcing General Policy In Favor Of Transparency With Respect To Settlement Agreements – On July 7, 2014, Administrative Law Judge E. James Gildea issued Order No. 66 in Certain Integrated Circuit Devices...more

FTC Clarifies COPPA “Verifiable Parental Consent” Requirements

The Federal Trade Commission (FTC) modified guidelines it issues to developers who make apps specifically for children. App developers have taken advantage of the soaring lucrative app market aimed at a younger audience that...more

Antitrust and competition enforcement is changing fast: our report for multinationals from 3 global conferences

The world of antitrust/competition enforcement is changing more rapidly than ever. This evolving environment presents new challenges for companies with multinational operations, their executives and their advisers....more

Focus on Private Equity - July 2014

In This Issue: - Latin American Private Equity on the Rise - Tax Considerations When Acquiring Non-U.S. Portfolio Companies—Mitigating Subpart F Inclusions - Private Equity Funds at Higher Risk of...more

State Council Released Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market

The Opinions put forward nine articles of guidelines: general requirements; broadening market access; strengthening market supervision; establishing credit basis for market supervision; improving supervision and enforcement;...more

Competition Enforcers focus on the Food Sector

The European competition authorities have become extremely proactive in investigating and punishing anti-competitive practices in the food sector in recent years. In the final week of June alone, substantial fines were...more

Is China’s Big Win at the World Trade Organization against the U.S. Government’s Policy on Chinese Subsidies a Game-Changer?

On July 14, 2014, a panel of the World Trade Organization (WTO) ruled in favor of China against certain policies employed by the U.S. Department of Commerce (Commerce) in conducting countervailing duty investigations. ...more

Monitoring and Auditing Your Anti Corruption Compliance Program  [Video]

Companies have designed and implemented anti-corruption compliance programs. An important element of an effective compliance program is monitoring and auditing the program to identify issues for improvement. Working in...more

FCPA Training: The Basics [Video]

This webinar provides a basic FCPA training program. A number of webinar attendees have requested that I conduct a basic FCPA webinar outlining how the FCPA statute applies to international business operations. The topics...more

Antitrust Matters - July 2014 (Global)

In This Issue: - Back to the Future? Back to the Past! - Interview: African Merger Control: Interview with the COMESA Competition Commission EUROPE: *EUROPEAN UNION: - Comparing apples and...more

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