Antitrust & Trade Regulation Transportation

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Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

U.S. Regulators Face European Competition On UAV

Just as the commercial space and satellite industry in the United States during the 1990s was hurt by export restrictions on its products, the country's commercial unmanned aerial vehicle ("UAV") industry may soon fall behind...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

FTC Comments Favorably on NHTSA’s Proposed Privacy and Security Framework for Vehicle-to-Vehicle Communications

On October 24, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing its endorsement of the privacy and security framework proposed by the National Highway Traffic Safety Administration (“NHTSA”) to...more

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Combating Unfair Competition: The Convergence of China’s Antitrust and Anti-Graft Enforcement Activities

Recent investigations and high profile convictions highlight the ongoing crackdown by China’s authorities against anti-competitive conduct. In their efforts to combat unfair competition, Chinese authorities have used both...more

Last Call for Liner Exemptions in Australia?

The Competition Policy Review Panel (the Panel) has recommended the repeal of the current statutory exemptions for the liner shipping industry, potentially exposing conference agreements to the full rigour of Australia's...more

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

Consortia block exemption extended by a further five years

Following a public consultation held earlier this year, the EU Commission has announced the extension of the block exemption providing antitrust immunity to certain cooperative agreements between shipping lines until 2020....more

The new Italian Transport Authority becomes operative

On the 15 January 2014 the new established Italian Transport Authority (ITA) - Autorità di Regolazione dei Trasporti - became operative. The main task of the ITA is promoting and protecting competition in the transport...more

Price-Fixing Executive Dealt Tough Sentence for Role in Cartel

On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight...more

Settlement Of The US Airways/American Airlines Merger Litigation Highlights Changing Antitrust Landscape

On November 12, 2013, US Airways, American Airlines, the U.S. Department of Justice (“DOJ”), and several state Attorneys General announced an agreement to settle the antitrust litigation challenging the merger of the two...more

Commercial Negotiations For Airport Services In The UK Spark A Reconsideration Of Airport Market Power: How Does Australia...

INTRODUCTION - In our August article on recent developments in airport regulation, we considered the United Kingdom (UK) Civil Aviation Authority’s (CAA) path to economic licencing of airports. To recap, the path is...more

American Airlines & US Airways Merger – Opposite positions taken by US and EU competition authorities

Whereas the European Commission has cleared under the EU Merger Regulations the proposed merger between US Airways Group and AMR Corporation, including its main subsidiary American Airlines, on 5 August 2013, the U.S....more

Competition and Regulation Update: Finance Lessons From The Regulation Of UK Airports - A Relevant Case Study For Australian...

INTRODUCTION - Since 2002 when price cap regulation at Australian capital city airports was abolished and replaced with lighthanded price monitoring by the Australian Competition and Consumer Commission (ACCC),...more

Surely, There’s a Better Way: A Critique of Current Federal Regulation of Marine Terminal Operators

In This Presentation: Federal Regulation of Ports; Federal Port Regulation in a Nutshell; Additional Prohibitions (Apply to other actors, not bound by reasonableness factors); Agreements Must be Filed if . . .; Other...more

Competition Issues In Resources Projects Exclusivity In Supply Chains – July 2013 (Australia)

INTRODUCTION - Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...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

Clear Skies Seen Ahead for the American Airlines/U.S. Airways Merger

The recently announced merger of American Airlines and U.S. Airways creates a new carrier that is a behemoth by any measure. The combined airline will have revenues of $39 billion, slightly larger than the current revenue...more

I Don’t Care How Much I Pay (too Much, the Magic Bus)* – Part II

In a prior post, we noted that the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

I Don’t Care How Much I Pay (too Much, the Magic Bus)*

Last week, the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

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