General Business Antitrust & Trade Regulation International Trade

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Enforcement of China’s Anti-Monopoly Law Continues to Intensify

In this lw.com interview, Latham & Watkins partner Tad Lipsky discusses the evolution of antitrust laws globally, examines the complex regulatory structure that enforces China’s new Anti-Monopoly Law (AML) and talks about the...more

Chinese Antitrust Enforcers Under Fire for Targeting Foreign Firms

China’s antitrust regulators have been on a tear lately. Last year the State Administration for Industry and Commerce (“SAIC”) began its investigation of Qualcomm for allegedly violating China’s 2008 Anti-Monopoly Law. SAIC...more

Agencies Sign New Cooperation Agreement with Colombia

The Department of Justice (DOJ) Antitrust Division announced on September 16 that the DOJ and Federal Trade Commission (FTC) have entered into a new antitrust cooperation agreement with Colombia’s Superintendence of Industry...more

ITC Section 337 Update

ITC Judge Gildea Finds NPE Established Domestic Industry - In 884 Investigation – On August 29, 2014, ITC Judge James Gildea issued a Notice of Initial Determination (“ID”) finding a violation by reason of infringement...more

"Georgetown and Fordham Global Antitrust Law Symposia Focus on Trends in Cartel Enforcement, Merger Control, IP and Financial...

Last week, Georgetown University Law Center hosted its Eighth Annual Global Antitrust Enforcement Symposium, and Fordham University School of Law hosted its 41st Annual International Antitrust Law and Policy Conference. These...more

The Importance of an Effective Compliance Program

On September 9, 2014, Brent Snyder, Deputy Assistant Attorney General of the U.S. Department of Justice Antitrust Division, provided prepared remarks on the subject of “Compliance is a Culture, Not Just a Policy,” before the...more

DOJ Makes Headway in Fight Against Financial Fraud

On August 18, 2014, following a Department of Justice (DOJ) investigation and criminal indictment, Paul Robson became the second former Rabobank employee to plead guilty for his participation in a scheme to manipulate the...more

Trade & Manufacturing - September 2014

"oIn This Issue: - A Hundred Years Of Making Furniture In Southern Virginia. And Then Came China. - Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties - News...more

Guide to Doing Business in Australia: Regulation of Foreign Investment

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION...more

Resurgence of Protectionism – Can European Member States Really Do Whatever They Want to Foreign Takeovers?

EU Competition Commissioner Joaquín Almunia recently cited the French initiatives to block the GE-Alstom deal as an example of “worrying signals of protectionist threats” in Europe. France is not, however, to be singled out....more

Insurance Antitrust Legal News: Volume 3, Number 5

European Antitrust "Block Exemption" for Insurance Under Review: In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption...more

Important changes to Italian mandatory tender offer Rules

The Decreto Competitività (as converted into Law with amendments, the “Decree”), published on August 20, 2014, in the Italian Official Gazette (Gazzetta Ufficiale della Repubblica Italiana), has made some important changes to...more

US China Trade War–Developments In Trade, Tax, Customs, Patents/337, Antitrust And Securities

As indicated in the attached invitation, INVITATION VANCOUVER RUSSIAN SANCTIONS SPEECH, on September 3, 2014, from 10AM to 12PM, in an event sponsored by Deloitte Tax Law and the Canadian, Eurasian and Russian Business...more

Automotive Bearings Price-Fixing Allegations Survive FTAIA Defense

On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary (NTN Corporation and NTN USA Corporation) to dismiss the direct and indirect purchaser complaints...more

Antitrust Enforcement Set for Record Year of Fines

Global antitrust enforcement is on pace to set record-level fines in 2014, as the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) and the European Commission (EC) undertake particularly aggressive...more

Antitrust Laws Are Rapidly Changing In Latin America

In recent travels to Central America, it’s been interesting to see the number of American companies operating and distributing in the region. So in a recent telephone conference with other antitrust practitioners, I was...more

Consumer Protection Organization Petitions FTC To Enforce U.S.-EU Safe Harbor Framework

On August 14, the Center for Digital Democracy (CDD) announced that it filed a complaint with the FTC claiming that 30 U.S. companies are compiling, using, and sharing EU consumers’ personal information without their...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

EU Merger Law May Soon Extend To Minority Acquisitions

Economically, minority shareholdings — ranging from minimal passive investments to strategic control — are a significant phenomenon. Globally, however there is a wide variety of approaches to antitrust regulation of these...more

ITC ALJ Breaks New Ground, Further Heightening the DI Requirement for NPEs in § 337 Cases

According to a recent initial determination by an Administrative Law Judge of the International Trade Commission, a purely revenue-driven NPE cannot prove the existence of a domestic industry by relying solely on the...more

India Enters "Pay-for-Delay" Fray: CCI Investigating Pharmaceutical Patent Settlements

India's competition authority, the Competition Commission of India (CCI), has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anticompetitive...more

Four Ways to Improve Antitrust Compliance Programs

In the era of global antitrust cartel enforcement, antitrust practitioners often scratch their collective heads and ask why is antitrust compliance so ignored by government enforcement agencies....more

Technical infringements receive stiff fines from the European Commission

Both the Electrabel case and the Marine Harvest case serve as harsh wake-up calls that companies and their antitrust advisers must adopt a high level of caution when analysing whether a transaction must be notified under the...more

Orrick's Antitrust and Competition Newsletter - August 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition - On June 17, 2014, China’s Ministry of Commerce, China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the...more

WTO Appellate Body Issues Report In China's Challenge To U.S. Trade Laws

On July 7, the World Trade Organization (WTO) Appellate Body issued its report in United States – Countervailing and Anti-Dumping Measures on Certain Products from China (DS 449). This proceeding traces its roots to 2006,...more

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