General Business Antitrust & Trade Regulation International Trade

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Are VIEs Finished?

On January 19, 2015, the Chinese Ministry of Commerce (“MOFCOM”) released the draft Foreign Investment Law (the “Draft Law”) for public comment. The public consultation period will end on February 17, 2015, after which the...more

"Germany: High-Profile Enforcement Actions and Increased Cartel Prosecution Dominate Enforcement Landscape"

Several high-profile corporate criminal investigations and prosecutions in Germany have led to the scrutiny of directors and officers for failure of controls and supervision. Several recent notable German enforcement actions...more

"Insights Conversations: Cartels"

With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement

The private enforcement of competition law within the EU continues its inexorable rise and plaintiff opportunities abound. Small and medium size businesses throughout Europe are joining larger companies in initiating...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Seventh Circuit to Motorola: No Rehearing En Banc

On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels....more

Top Antitrust Issues Facing Automotive Suppliers in 2015

Recent U.S. and international antitrust developments will have important implications in 2015 for the automotive industry. U.S. antitrust developments include, in particular: In the international sector, important...more

Trade & Manufacturing - January 2015

In This Issue: - Trade-Related Energy Issues at Forefront of Political Debate in 2015 - Customs and Border Protection Issues Update of Enforcement Activities Related to Trade Orders - News of...more

Former Toyoda Gosei Executive Pleads Guilty to Price-Fixing, Bid-Rigging

On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was sales...more

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

A reminder of antitrust risks for private equity firms

In two decisions adopted in November 2014 but only recently published, the Dutch competition authority (ACM) fined three private equity firms for the involvement of one of their former portfolio companies in the so-called...more

Global Cartel Enforcement - 2014 Year In Review

To name only a few, the U.S. faced challenges over the extent of its jurisdictional reach; China was criticised for questionable investigative practices and allegedly protectionist use of its antitrust powers; and Japan faced...more

Follow up to Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp.

In October, we wrote about the Seventh Circuit’s reconsideration of Motorola Mobility LLC v. AU Optronics Corp., 746 F.3d 842 (7th Cir. 2014) and the reach of the Sherman Act and the Foreign Trade Antitrust Improvements Act...more

European Competition Law Newsletter – January 2015

On 26 November 2014, the EU General Court (GC) (the EU’s second-highest court) upheld a EUR2.5 million fine imposed by the European Commission (EC) for obstructing an EC dawn raid. The case shows the crucial importance of...more

China Commits to Modify Enforcement of Anti-Monopoly Law

On December 19, trade officials from the United States and China wrapped up a three-day trade conference in Chicago. As attendee and U.S. Trade Representative Michael Froman stated, the 25th annual Joint Commission on...more

Hong Kong Competition Commission Releases Draft Competition Ordinance Guidelines

On October 9, 2014, the Hong Kong Competition Commission and Communications Authority published draft guidelines under the Hong Kong Competition Ordinance. The guidelines will not be the law; instead, they represent the...more

Cooperation Agreement Between European Union and Switzerland in Competition Matters Enters into Force

The Cooperation Agreement between the European Union and Switzerland in competition matters, which entered into force on 1 December 2014, is the first “second generation” agreement concluded by the European Union with a third...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

Spira’s Antitrust Complaint Against De Beers Reaches the End of the Road

The long-running battle, started in 2003, between Belgian rough diamond dealer Spira and diamond producer De Beers came to an end recently. Spira had sought to convince the Belgian Competition Authority (BCA) to intervene...more

Solar Installer Alert: US Dept. of Commerce Issues Affirmative Final Determinations in Chinese and Taiwanese Solar CSPV Products...

On December 16, 2014, the U.S. International Trade Administration (ITA, part of the U.S. Department of Commerce) issued Affirmative Final Determinations in the alleged unfair subsidy investigation against Crystalline Silicon...more

Antitrust and Competition Newsletter - December 2014 (Global)

For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more

DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

Solar Installer Alert: USITC Holds Final Phase Public Hearing in Chinese and Taiwanese Solar CSPV Panels Import Injury...

On December 8, 2014, Oregon Senator Ron Wyden testified on behalf of some U.S. solar cell manufacturers at a public hearing of the U.S. International Trade Commission (USITC). The USITC scheduled the hearing as part of its...more

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