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General Business Transportation Antitrust & Trade Regulation

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

OTA & Travel Distribution Update - June 16th, 2017

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the week ending June 16, 2017 is below. Several interesting stories this week... Price-Fixing Technology the Subject of EU Regulators [PARITY] - ("Enforcers Must...more

OTA & Travel Distribution Update - June 9th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending June 9, 2017 is below. This week’s Update features a variety of stories. Airline Surcharge Challenged [DIRECT BOOKING] - ("IAG Flight-Booking Surcharge...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

OTA & Travel Distribution Update - May 12th, 2017

by Garvey Schubert Barer on

This week’s GSB weekly client OTA & Travel Distribution Update for the week ending May 12, 2017 is below. Rhetoric Over AHLA’s Planned Lobbying Efforts Ramps Up [OTA]. Not surprisingly, Priceline Group CEO Glenn Fogel...more

5 Measures International Auto Companies Can Take to Avoid Being Named in an ITC Complaint

by Foley & Lardner LLP on

The Automotive Industry is international. That’s no secret. It crosses continents in its industry shows and its proud place in furious pop-culture films. More practically, many companies that operate within the industry have...more

French Competition Authority Determines That Certain Information Exchanges Are Acceptable

by Latham & Watkins LLP on

The decision gives useful guidance on what type of information exchanges are compatible with antitrust rules - Key Points: ..The extent and the types of information that can be exchanged between competitors without...more

2017 Antitrust Outlook – A Year of Uncertainty

by Foley & Lardner LLP on

We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or elsewhere. Our next two posts will cover some of the causes of present...more

EU Antitrust Continuity Potentially Threatened by Brexit

by Foley & Lardner LLP on

Our second antitrust outlook-focused post reflects on how we expect 2017 to continue to shape up as a year in which competition policy and enforcement will face increased uncertainty and complexity, specifically with respect...more

Ad hoc Local Leniency Application Makes the Difference: The Italian Council of State Upholds the Administrative Court of Lazio...

by McDermott Will & Emery on

On 20 October 2016, the Italian Council of State (the “Council of State”) upheld the judgment of the Administrative Court of Lazio (“TAR”) on the cartel in the sector of international road freight forwarding to and from Italy...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

by Perkins Coie on

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

by McDermott Will & Emery on

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

Australian Competition Law - Update for the aviation industry

by DLA Piper on

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified in our update present both opportunities and risks. DLA Piper has significant experience in the...more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

by DLA Piper on

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Australian competition law - Update for the aviation industry

by DLA Piper on

High Court to hear ACCC appeal of Flight Centre decision regarding carrier agent discussions On 11 March 2016, the High Court granted special leave to the ACCC to appeal the decision of the Full Federal Court in the Flight...more

CMA encourages increased competition in Britain’s rail sector

by Bryan Cave on

On 8 March 2016, the Competition and Markets Authority (“CMA”) published a policy document recommending that the government overhaul the currently franchised rail system. 99% of Britain’s trains presently run under...more

EU Court Affirms Independence of EU and National Leniency Programs

On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more

EU and National Leniency Applications Independent Rules ECJ

by Bryan Cave on

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

Exclusionary rail transport contracts derailed by regulator

by Bryan Cave on

On the 18 December 2015, the UK Office of Rail and Road (“ORR”) formally accepted commitments from one of the UK’s leading providers of Deep Sea Container (“DSC”) rail transport services, which reportedly “fully address its...more

Competition and Market Regulation Update: A Win for Unregulated Infrastructure Providers - Government Response to Harper and PC...

by DLA Piper on

Last week the Government released its response to the Harper Competition Policy Review. Whilst much of the media focus has been on this response the Government also released at the same time its response to the Productivity...more

Australian Competition Law Update for the Aviation Industry

by DLA Piper on

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between...more

EU Control List Update

by Dechert LLP on

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

by Shearman & Sterling LLP on

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

“Airline Collusion” Private Class Actions

Last week, we discussed public reports of an investigation by the DOJ of four major airlines (American, Delta, Southwest, and United) regarding possible collusion. Over the past two months, a number of consumers have filed...more

The DOJ’s Airline Investigation: A Primer

Last month, the Associated Press was the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion. Since that time, there has...more

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