General Business Antitrust & Trade Regulation

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Lines Drawn In Tesla Direct Sales Battle

Elon Musk's battle to sell Teslas directly to consumers continues. In the last five months, the governors and legislatures of Pennsylvania and New Jersey and, now, even the White House, have taken stands on whether or not...more

Tailor Your Antitrust Training To Effectively Combat Risk

When we think about compliance training, we typically conjure up the popular topics: sexual harassment training, anti-bribery training, code of ethics training…the superstars, the popular kids. The courses that most employees...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

FTC Updates COPPA FAQs Again – Revisions to Part H Gives App Developers and Parents Welcomed Clarification on Parental Consent

Continuing our Blog’s updates on the Federal Trade Commission’s Frequently Asked Questions (FAQs) to the updated Children’s Online Privacy Protection Act (COPPA) Rule, we highlight that the FTC revised three portions of “Part...more

Websites and Apps Have More COPPA Options

The Federal Trade Commission (FTC) recently approved an additional method for website operators and mobile application ("app") developers to obtain parental consent to collect identifying information from children. It also...more

FTC Publishes revised COPPA FAQs, clarifies parental consent methods

The FTC has issued three new FAQs clarifying the “verifiable parental consent” requirements under the COPPA Rule. In one of the revised FAQs, the FTC reiterates that the COPPA Rule’s list of parental consent methods is...more

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

"FTC Continues Vigorous Section 5 Enforcement"

On July 21, 2014, the Federal Trade Commission (FTC or Commission) accepted a consent agreement, subject to final approval, to settle charges with two Internet resellers of Universal Product Code (UPC) barcodes accused of...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

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

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

COPPA Update: FTC Provides More Flexibility on Obtaining Verifiable Parental Consent

Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the “new” COPPA. In its recent update to three FAQs in Section H (Verifiable...more

New COPPA Guidance from FTC Significant for Apps and Platforms

The FTC has updated its guidance regarding compliance with the Children’s Online Privacy Protection Act (COPPA). Amendments to its Frequently Asked Questions reveal a softened position on using credit cards to verify parental...more

District Court Pares Down Price Discrimination Suit Against Chrysler

On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and...more

Statements at industry conferences can violate competition law

U.S. steelmakers have recently found themselves paying huge sums totalling over USD 160 million to steel purchasers in order to ward off even larger damages claims. These come in the wake of a vast class action lawsuit...more

FTC Promotes Competition Among Professionals Through Advocacy, Enforcement

On July 16, 2014, Andrew Gavil, Director of the Office of Policy Planning at the Federal Trade Commission (FTC), testified on the subject of “Competition and the Potential Costs and Benefits of Professional Licensure” before...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

Northern District of California Addresses Functional Discounts, Price Discrimination Claims

In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and allowed others to...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

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

Breach of the Australian Franchising Code to result in fines

As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more

Focus on Regulatory Law - July 2014

In This Issue: - Regulation Authorities ..French Competition Authority ..Securities and Market Authority ..Audiovisual Council ..Authority for the Regulation of Electronic Communications -...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

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