Civil Remedies Mergers & Acquisitions International Trade

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Microsoft Takes Home The Gold In Arbitration Against Yahoo!

For the past several years, Yahoo! has been merging its search engine and search ads system, Panama, with Microsoft’s Bing search engine. Yahoo! “paused” its efforts to integrate with Microsoft in Taiwan and Hong Kong when...more

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

On May 17, 2013, the EU General Court partially annulled a 2009 European Commission decision in the Marine Hose cartel case and significantly reduced the fine imposed on hose manufacturer Parker ITR by nearly 75% from 25.61...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases

China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.);...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

Americas Min. Corp. v. Theriault, C.A. No. 30, 2012 (Del. Aug. 27, 2012)

In this en banc opinion, the Delaware Supreme Court affirmed the Court of Chancery’s ruling in In re S. Peru Copper Corp. S’holder Derivative Litig., 30 A.3d 60 (Del. Ch. 2011), awarding base damages of $1.263 billion to...more

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more

"Competition Remedies for Mergers, Acquisitions and Joint Ventures: China’s Diverging Practice from EU and U.S. Agencies"

Companies contemplating global mergers, acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition...more

A new landscape for competition enforcement: new challenges via e-discovery?

By Athina Kontosakou, Consulting Attorney 18 October 2011 – Almost a month before the adoption of a package of measures improving the system of competition enforcement in Europe, we attended the 15th Annual Competition...more

First plan of arrangement completed in the BVI - September 28, 2011

Jacqueline Daley Aspinall and Keisha M Durham recently advised on and effected the first plan of arrangement completed under the BVI Business Companies Act ("BVIBCA") in accordance with section 177. The primary purpose of...more

Acquisition Structure Decision Tree By Brian F. Egan

I. INTRODUCTION Buying or selling a business in Texas, including the purchase of a division or a subsidiary, revolves around a purchase agreement between the buyer and the selling entity and sometimes its owners....more

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