Commercial Law & Contracts, International Law & Trade, Antitrust & Trade Regulation

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...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

Glencore’s Long March to Take Over Xstrata

by Rebecca Campbell, Patrick Ma, John Tivey | White & Case LLP on 4/29/2013

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain

by Peter Franklyn, Michelle Lally, Graham Reynolds | Osler, Hoskin & Harcourt LLP on 4/23/2013

In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges. Although these significant penalties...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

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

by Michael Polkinghorne | White & Case LLP on 4/19/2013

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

European Commission Opens Antitrust Investigation into MasterCard

by Orrick - Structured Finance Group on 4/18/2013

The Commission initiated an investigation last week into the inter-bank fees charged by MasterCard in relation to payments made by card-holders from non-EEA countries, restrictions placed by MasterCard on retailers attempting...more

Another Steelmaker Subsidiary Raided in International Antitrust Investigation

by Brandi Walkowiak | Foley & Lardner LLP on 4/17/2013

On March 29, 2013, South Korea’s antitrust watchdog, the Supreme Prosecutors’ Office raided the office of POSCO ICT, a subsidiary of POSCO that manages the parent company’s IT network, as part of an ongoing investigation of...more

REGULATORY: EU Competition Law: EU Competition Law and Joint Sales in LNG

by King & Spalding on 4/16/2013

Liberalization of the EU natural gas sector began almost two decades ago. Since then, the European Commission (the “Commission”) has used various mechanisms to facilitate market opening including competition law enforcement,...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...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

IP Buzz - March 2013

by Venable LLP on 4/1/2013

In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...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

Seizure of Electronic Data: Dawn Raid Inspection Guidance Revised

by Andrea L. Hamilton, David Henry, Martina Maier, Mai Muto | McDermott Will & Emery on 3/22/2013

In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with Commission officials in an “antitrust dawn raid” extend to the granting of access to all...more

Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012)

by Arash Amai, Kayaan Unwalla | Reed Smith on 3/18/2013

Introduction - The UAE’s first antitrust/competition legislation recently came into effect on 23 February 2013. Federal Law No. (4) of 2012 (Law), primarily regulated by the Ministry of Economy, aim to prohibit and...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

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

by Mark Cohen, Scott Thomson | Cohen & Gresser LLP on 3/5/2013

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...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

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Commercial Law & Contracts › International Law & Trade › Antitrust & Trade Regulation