General Business Antitrust & Trade Regulation International Trade

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The Macron Law Modifies French Competition Rules and Procedures

The Macron Law Modifies French Competition Rules and Procedures. After seven months of discussions before the French Parliament, the bill on “Growth and Activity and Equality of Economic Opportunities” known as the...more

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

[Event] Why Anti-Bribery Programs Fail and How Compliance Must Evolve - Sept. 17th, Boston, MA

In a “Catch Me If You Can” like panel, a former US and UN prosecutor and former FCPA violator/ turned cooperator discuss the realities of corporate anti-bribery compliance. It’s not often that compliance officers are...more

German Federal Cartel Office declares Outlet Center’s Radius Clauses invalid

The German Federal Cartel Office (“FCO”) – Bundeskartellamt – recently published its decision regarding so-called Radius Clauses used by a factory outlet center (“Outlet Center”) in all its contracts with the tenants (Case...more

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal?

In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged participation in an international cartel in the marine hose industry. (Press...more

[Webinar] Anti-Corruption and Third Parties: Examining Third Party Pitfalls and Best Practices - Sept. 9th, 9:00am PDT

Is your company doing enough to ensure anti-corruption compliance among third parties? As the complexity of value chains continues to increase, companies are under a similarly increasing pressure to manage the risks...more

Australian Competition Law Update for the Aviation Industry - August 2015

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. DLA Piper has significant experience in the aviation...more

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the...

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in...more

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

Learning from a competitive aviation industry

There were many important take-aways for employers in the aviation industry from the CAPA Asia-Pacific Aviation Summit that we recently attended. A couple are worth highlighting, as they also apply more broadly to Australian...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

New Antidumping And Countervailing Duty Petitions On Hot-Rolled Steel Flat Products From Seven Countries

For your information, on August 11, 2015 new antidumping (AD) and/or countervailing duty (CVD) petitions were filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) on hot-rolled steel...more

European Competition Law Newsletter – August 2015

Continuing an EU-wide trend, yet another trade association has been fined in the UK for cartel activities. This time it was a medical professionals’ association. The message is clear; trade associations of all types need to...more

Ethics & Compliance Training: 2015 Benchmark Report

NAVEX Global’s Ethics & Compliance Training Benchmark Report covers benchmarks such as budget size, FTEs, training topics and formats—as well as top training trends, challenges and more— to help you: · Evaluate the...more

[Webinar] Why and How to Manage Gift and Entertainment Disclosures - August 26, 1:00 EDT

Gifts and entertainment go hand in hand with bribery and anti-corruption. That’s why compliance teams need to take a proactive approach to managing this common risk—relying on financial teams and records to track G&E won’t...more

Do Businesses Understand Competition Law?

This spring, the UK Competition and Markets Authority (the “CMA”) published a study on UK businesses’ awareness and understanding of competition law, understanding of anti-competitive behaviors, and penalties for any...more

US CHINA TRADE WAR–CHINA STOCK MARKET CRASH, TRADE, IP/PATENT, SECURITIES

Since the last blog post focused on trade policy and trade and customs issues, with extensive coverage of the Trade Promotion Authority fight in the US Congress, after addressing the trade area briefly, this blog post plays...more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

Competition News July-August 2015

French merger control: The Competition Authority agrees to approve the prospective acquirer of assets sold by the purchaser - On May 15, 2015, the Competition Authority authorized, subject to certain conditions, the...more

Debate over the Exclusivity Period for Biologics in the Trans-Pacific Partnership

A group of Democratic lawmakers and advocacy organizations criticized protections for brand-name biologics in the current draft of the Trans-Pacific Partnership, or TPP, a free-trade agreement among a dozen Pacific Rim...more

Milk expiration dates and clever cartels

The Planet Money podcast this week has a story about the Greek economy. According to the podcast, there is a Greek milk producer “cartel.” Of course cartels are unlawful in Europe, just as they are in the U.S. So it seems...more

EU’s Highest Court Confirms that Seeking an Injunction for SEPs May Constitute an Abuse of a Dominant Position

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an...more

EC's Infringement Proceedings for Intra-EU BITs Cause Uncertainty for Investors

On 18 June 2015, the European Commission initiated infringement proceedings against five member states of the European Union for intra-EU bilateral investment treaties' (BITs) incompatibility with Article 351 of the Treaty on...more

EU Court: Standard Essential Patent Owners May Be Abusing Dominance

On July 16, the European Court of Justice issued a decision stating that standard essential patent (“SEP”) owners that seek injunctions against companies willing to license intellectual property on fair and reasonable terms...more

European Union High Court Gives Guidance On Seeking Injunctive Relief On FRAND-Encumbered Seps (Huawei V. ZTE)

Today, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also...more

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