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General Business Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Senate Bill Promises Antitrust Immunity to Boards That Reform Licensure in Latest State Action Defense Development

by Pepper Hamilton LLP on

Senators Mike Lee (R-UT), Ted Cruz (R-TX) and Ben Sasse (R-NE) recently introduced a bill that would extend a limited state action immunity to state licensure boards only if states implement reforms that reduce occupational...more

Changes to the Commerce Act: five things you need to know

by DLA Piper on

In our last competition and market regulation update we noted that the Government had failed to progress the Commerce (Cartels and Other Matters) Amendment Bill, which was introduced to the house in 2011. The Bill has finally...more

Loyalty-Discount Programs and the Antitrust Laws

by Polsinelli on

Loyalty discounts are price reductions by a supplier in return for a customer’s commitment to purchase a certain percentage of its requirements from the supplier. Sellers also sometimes discount their prices if a customer...more

EU & Competition Law Update – August 2017

by Bryan Cave on

The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more

Avoiding the “Gun Jumping” Trap in Mergers and Acquisitions

by Polsinelli on

From the moment a merger agreement is signed, the parties are often eager to begin the process of integrating and consolidating their operations. But doing too much coordination before closing could constitute “gun...more

UK to Study Brexit’s Impact on Competition Law

On 23 July 2017, the UK House of Lords’ EU Internal Market Sub-Committee launched an inquiry into the future of the enforcement of the UK’s competition rules once the UK leaves the European Union. Interested parties are...more

Threat of Antitrust "Dawn Raids" in Indonesia

by DLA Piper on

"Dawn raids" - unannounced searches of businesses and residences - are a tool of choice for antitrust investigators worldwide. By arriving without warning to scrutinize records, seize equipment and data, and question...more

Resale Price Maintenance: What Happened To Leegin Ten Years Later?

by Mulcahy LLP on

After four decades, Continental T.V., Inc. v. GTE Sylvania’s rational efficiency explanation for vertical restraints is a well-entrenched paradigm for analyzing both price and non-price distributional restraints. In 2007,...more

European Commission Consultation: Developing the Secondary Market for Non-Performing Loans

by Jones Day on

The European Commission ("Commission") has released a consultation paper to evaluate the merits of introducing measures to support secondary markets for distressed debt and the development of a new, contractual-based loan...more

‘Tryin’ to Loosen My Load’ – FTC’s New CID Process May Reduce Your Antitrust Investigation Burden*

by BakerHostetler on

In April we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” in the words of FTC Acting Chair...more

Belgium Adopts Law Enacting EU Directive on Private Antitrust Damages

by Jones Day on

On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more

Trade & Manufacturing Alert - August 2017

by King & Spalding on

USTR Issues NAFTA Renegotiation Objectives - On July 17, 2017, U.S. Trade Representative (USTR) Robert Lighthizer released the Trump Administration’s objectives for the renegotiation of the North American Free Trade...more

German Government Expands Authority Over Takeovers by Investors from Outside the EU

by Jones Day on

On July 18, 2017, the German government enacted changes to the Foreign Trade and Payments Ordinance ("AWV") that significantly expand the scope of the law....more

Amendments to the Foreign Investments Law: a means to tighten control?

by White & Case LLP on

On 18 July 2017, the Russian President signed Federal Law No. 165-FZ, which contains a package of amendments to Federal Law No. 160-FZ dated 9 July 1999 "On Foreign Investments in the Russian Federation" (the "Foreign...more

Where to Get Bad Advice on MAP Policies

by Kelley Drye & Warren LLP on

Minimum advertised price (MAP) policies are becoming more and more popular. Especially with the rise of cutthroat competition in the online marketplace, many producers are hearing from their resellers that they want margin...more

FTC Updates Data Security Guidance for Businesses

by Alston & Bird on

In June, the Federal Trade Commission released a new guide for businesses on implementing sound data security protections and procedures. In “Protecting Personal Information: A Guide For Business,” the FTC offers “10...more

Antitrust M&A Snapshot - July 2017

by McDermott Will & Emery on

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

ITC Issues Report On Competitive Conditions Affecting U.S. Aluminum Industry

by King & Spalding on

On February 24, 2016, the U.S. House of Representatives Ways and Means Committee (the Committee) requested, under section 332(g) of the Tariff Act of 1930, that the International Trade Commission (the Commission) conduct a...more

Class Action Alleges Antitrust Conspiracy Among “Circle of Five” German Automakers

On July 28, 2017, a group of plaintiffs filed a putative class action in the Northern District of California against BMW, Volkswagen, Audi, Porsche, Daimler, and Mercedes-Benz, as well as auto-parts manufacturer Robert Bosch....more

AD-ttorneys@law

by BakerHostetler on

Sonny and Bobby Le, brothers from Anaheim California, caught the Federal Trade Commission’s attention with a series of websites (titled Infinity Trampolines, Happy Trampoline, and Trampoline Jumpers) through which they sold...more

Double Dipping Allowed in Domestic Industry Allocation

by Jones Day on

The Commission issued an Opinion finding a violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same, Inv. No. 337-TA-971. Of note, the Commission reversed a part of ALJ Bullock’s...more

New competition register enters into force

by White & Case LLP on

On July 29, 2017, the Act Introducing a Register for Competition (Wettbewerbsregistergesetz – WregG, "Competition Register Act") will enter into force. Companies violating competition or other rules must or can be excluded...more

Coty: Selective distribution and the luxury of prohibiting third party platform sales

by DLA Piper on

With the meteoric rise in internet selling, the permissibility of banning selective distributors from selling via "third party platforms" is a hotly debated topic across the EU, particularly in Germany and Austria. In...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

by White & Case LLP on

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

Competition Appeal Tribunal Blocks Class Action Against MasterCard

by K&L Gates LLP on

In one of the first decisions of its kind, the Competition Appeal Tribunal (“CAT”) has blocked a group of claimants from pursuing a £14 billion “collective action” against MasterCard, in a significant blow to the feasibility...more

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