Commercial Law & Contracts, Civil Remedies, International Law & Trade

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

by King & Spalding on 5/23/2013

On May 17, 2013, the EU General Court partially annulled a 2009 European Commission decision in the Marine Hose cartel case and significantly reduced the fine imposed on hose manufacturer Parker ITR by nearly 75% from 25.61...more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

U.S. Honey Suppliers Allege Damages Based on Illegal "Dumping" of China-produced Honey

by Audet & Partners, LLP on 5/9/2013

A class action has been brought on behalf of U.S. honey suppliers against defendants including Groeb Farms, Inc., Horizon Partners, Ltd., and Honey Holdings 1, Ltd., alleging an illegal scheme executed by defendants that...more

Criminal Antitrust Update - April 2013

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

Global HR Hot Topic - May 2013: Individual Employment Dismissal Obligations Outside the US

by Donald C. Dowling, Jr. | White & Case LLP on 5/2/2013

Challenge: Overseas, dismissing an individual employee gets complex and is heavily regulated. Dismissal mandates under foreign law tend to fall into three broad categories: dismissal procedures, pre-termination notice...more

Federal Authorities Announce FCPA Action, First SEC Non-Prosecution Agreement

by BuckleySandler LLP on 5/1/2013

On April 22, the DOJ and the SEC announced parallel actions against a clothing company to resolve allegations that a subsidiary of the company paid bribes to Argentine officials over a several-year period to obtain improper...more

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

To amparo or not to amparo?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

by Siobhan Kahmann, Hai-Ching Yang | K&L Gates LLP on 4/19/2013

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Philip Rymer, Charles Weller, Robert Wilkins, Michael Wood | Reed Smith on 4/11/2013

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

by Becky Koblitz | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

by Christopher Nedeau, Natasha Saggar Sheth | Nossaman LLP on 3/25/2013

In a first-ever verdict, a U.S. jury last week found two Chinese companies liable for conspiring to fix the global prices charged for Vitamin C, resulting in a damages award of a whopping $162 million. ...more

The Role of Arbitration in International Business

by Ellyn Law LLP on 3/21/2013

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

Alberta Court says Air Cargo Liability Limits can be Broken

by Artem N. Barsukov | Bennett Jones LLP on 3/14/2013

Cargo airlines operating in Alberta may soon find themselves training their front-line staff to ask more questions when dealing with individual consumers. Last month, the Provincial Court of Alberta released a decision in...more

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

by Harrison Denman | White & Case LLP on 3/11/2013

Originally published in the NYU Journal of Law & Business - Vol. 9:269, 2012. This article suggests that the generally accepted “offensive/defensive” standard used by bankruptcy courts to determine whether a debtor may...more

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

by Philip Bentley, Veronica Pinotti, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 3/7/2013

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

by David Henry, Wilko van Weert | McDermott Will & Emery on 2/27/2013

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

by Fuerst Ittleman David & Joseph, PL on 2/25/2013

On February 22, 2013, the U.S. Court of Appeals for the Eleventh Circuit vacated the smuggling and conspiracy convictions of two importers of allegedly tainted cheese products in the case of United States of America v. Yuri...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

by Simon Baxter, Alec Chang, Ian John, James Keyte, Sharis Pozen, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2013

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Amendments to the Economic Espionage Act Broaden Trade Secret Protection

by Meredith Louis, Daren M. Orzechowski | White & Case LLP on 1/21/2013

Protecting and enforcing trade secrets in the United States has historically been challenging. Recent amendments to the Economic Espionage Act of 1996 (the "EEA"), which criminalizes theft of trade secrets, broaden the scope...more

Patton Boggs Reinsurance Newsletter - December 2012: New York Federal Court Confirms Arbitration Awards for Cedent

by Patton Boggs LLP on 12/13/2012

A New York federal court granted a cedent’s petition under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to confirm multiple arbitration awards in its favor, denied cross-petition to vacate the...more

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

by Susan Paul | Dentons on 12/13/2012

1 The Legislative Framework of the Cartel Prohibition: 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The legal basis of cartel prohibition in Canada...more

French High Court Strengthens Rules Regarding Settlement Agreements | La Cour de cassation réaffirme la portée d’un protocole...

by Alexandre Bailly, Xavier Haranger, Aude du Parc, Coline Warin | Morgan Lewis on 11/26/2012

The Court holds that settlement agreements have the force of a final and binding judgment only when all parties comply with the agreement's terms. On 12 July, the French Supreme Court for Judicial Matters (Cour de...more

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Commercial Law & Contracts › Civil Remedies › International Law & Trade