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General Business Antitrust & Trade Regulation International Trade

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

Pfizer and Flynn Pharma fined €101 million for charging the UK health service excessive prices for Phenytoin sodium capsules, an...

by Dechert LLP on

The UK Competition and Markets Authority (“CMA”) recently published its infringement decision of 7 December 2016 that imposed a fine on Pfizer and Flynn Pharma (“Flynn”) for abusing their respective dominant positions by...more

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

EU State Aid Enforcement: What Multinationals Need to Know

In recent years, the European Commission (EC) has been actively enforcing European Union state aid violations, an area of law that is unique to Europe but has wide-ranging implications for multinationals with investments in...more

EU & Competition Law Update – September 2017

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

CJEU clarifies the treatment of non-full-function joint ventures under EU merger control law (Austria Asphalt)

by White & Case LLP on

On 7 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") delivered its judgment following the Austrian Supreme Court's (Oberster Gerichtshof) request for a preliminary ruling, seeking clarification...more

New Merger Thresholds for Italian Transactions

by Jones Day on

The Background: On August 2, 2017, the Italian Parliament approved the Law on Market and Competition, which provided a new set of pre-merger filing thresholds. After publication of the law in the Official Gazette on August...more

Competition News

by Dentons on

A look back on a decision imposing a fine on Facebook for having provided the European Commission with inaccurate information on its acquisition of WhatsApp - On May 18, 2017, the European Commission imposed a €110 million...more

No Traction: Authorities Drop Antitrust Investigation into Italy's Long-Term Car Rental Sector

by Jones Day on

The Situation: The Italian Competition Authority has closed an antitrust investigation into the alleged anticompetitive exchange of information by 16 operators in the long-term car rental market and their industry...more

EU Calls for Greater Scrutiny of Foreign Investments in Strategic Sectors

by Dechert LLP on

In his State of the European Union speech on September 13, 2017, the President of the European Commission (the “EC”), Jean-Claude Juncker, announced a proposed regulation which would create a new framework for closer...more

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called...more

Federal Trade Commission Reaffirms Commitment to Enforce EU-US Privacy Shield

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently settled enforcement actions against three companies accused of misleading consumers about their participation in the European Union-United States Privacy Shield framework,...more

The Emperor Has No [Compliance Program]

by Michael Volkov on

At the outset, I have to apologize for the title but during my morning bike ride I usually come up with blog posting titles. But moving past the trite title, I have a point to make....more

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

by Jones Day on

September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

EU Court Orders New Assessment of Intel's Rebates

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

THE LATEST: European Court of Justice Clarifies Application of European Union Merger Control Rules to Joint Ventures

by McDermott Will & Emery on

On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions under which the EUMR applies to the...more

US Customs and Border Protection Issues First Final Determination of Antidumping Duty Evasion Using New Statute and Regulations

by White & Case LLP on

Enforcement of US trade remedy laws is heating up. Less than one year after publishing August 22, 2016 regulations to implement Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015, commonly known as the...more

NAFTA Renegotiation Begins In Washington

by King & Spalding on

On August 16, 2017, Canada, Mexico, and the United States formally commenced renegotiation of the North American Free Trade Agreement (NAFTA) in Washington, DC. U.S. Trade Representative (USTR) Robert Lighthizer called it “an...more

Brussels Regulatory Brief: August

by K&L Gates LLP on

On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

USTR Publishes Initiation of Section 301 Investigation into China's Practices Related to Technology Transfer, Intellectual...

by Brinks Gilson & Lione on

On Thursday, August 24, the United States Trade Representative published formal initiation of the awaited Section 301 investigation under the Trade Act of 1974 to determine whether acts, policies and practices of the...more

Focusing Antitrust Compliance Programs on the Real Criminal Risks (Part II of II)

by Michael Volkov on

As chief compliance officers realize the importance of criminal antitrust compliance, it is important to identify the real risk factors. All too often we get lost in the mumbo-jumbo (a technical term, I know) of compliance,...more

ITC Issues Limited Exclusion Order of Diebold ATMs Following Finding of Patent Infringement

by Knobbe Martens on

Patent Judgments and Awards - On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and...more

Chief Compliance Officers Have to Address Criminal Antitrust Risks (Part I of II)

by Michael Volkov on

We often read articles and blog postings about anti-corruption, anti-money laundering, export controls and sanctions compliance issues. The focus on these topics is justified. However, there is one glaring omission –...more

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