Civil Procedure Antitrust & Trade Regulation International Trade

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Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law

On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in In re Vitamin C Antitrust Litigation, No. 13-4791-cv, reversing a $147 million judgment against Chinese vitamin C manufacturers on...more

FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions

The two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for...more

Limitation and foreign follow-on actions

Two recent attempts to hedge limitation risk in follow-on claims by commencing proceedings in the UK High Court and the UK Competition Appeal Tribunal have failed. The Tribunal ruled that a claim, based on foreign law,...more

Brexit: Potential Implications for International Arbitration in London

This note discusses the reasons why Brexit is unlikely to adversely impact London’s position as a leading centre for international arbitration. It further sets out some of the areas in which international arbitration in...more

UK Antitrust Class Actions Start to Get Going

Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK. Antitrust class actions in the UK are beginning to take hold...more

WTO Appellate Body Report: India – Solar Cells

Decision: The WTO Appellate Body has affirmed that local content requirements maintained by India for solar cells and modules violate India's obligations under the General Agreement on Tariffs and Trade (GATT) 1994 and...more

Antitrust-Related Recent Developments: Second Circuit Confirms Limited Nature of General Personal Jurisdiction

Following the Supreme Court’s 2014 decision in Daimler AG v. Bauman, several opinions from the United States Court of Appeals for the Second Circuit confirm the limited circumstances in which courts may exercise general...more

International Comity is Alive and Well: Second Circuit Defers to China’s Interpretation of Its Own Laws in Vacating...

Last week, the Second Circuit affirmed that U.S. courts should, and indeed must, defer to a foreign government’s interpretation of its own laws. That should hardly be a controversial proposition, but up until now, lower...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

A Sovereign Thumb on the Scale: Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit

The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers. In re Vitamin C Antitrust Litigation. The panel...more

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

Comity Over Competition in Vitamin C Antitrust Litigation

Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more

Fashion Retailer Zara Hit With Pricing Disclosure Lawsuit

Zara USA, Inc., the affiliate of the Spanish fashion retailer, has been hit with a class action lawsuit in federal court in California advancing a relatively simple and novel set of theories. Rose v. Zara USA, Inc....more

ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

A right in Germany to sell through online marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

EU & Competition Law Update – June 2016

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

Banks Speak: LIBOR Plaintiffs Are Not Efficient Enforcers Of Antitrust Laws

As our loyal readers know, on May 23, 2016, the Second Circuit issued a decision in the In re: LIBOR-Based Financial Instruments Antitrust Litigation vacating the District Court’s prior decision dismissing one case in this...more

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more

A Brexit Antitrust Primer

The decision by the United Kingdom (UK) to leave the European Union (EU) will have far-reaching consequences for companies doing business in the UK and elsewhere in Europe. Specific details of the UK's withdrawal agreement...more

Brexit, Here We Come (or Go)

The UK people have voted to leave the European Union. Although there is no constitutional duty to leave the Union as a result, politically this is likely going to happen. Change will not be immediate and happen over time....more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel...

With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast...more

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had...more

April 2016: ITC Litigation Update

The Federal Circuit Considers Another Issue Relating to ITC Jurisdiction in Section 337 Investigations. Less than three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n, 796 F.3d 1338 (Fed. Cir. 2015),...more

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