International Trade Antitrust & Trade Regulation

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Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -...more

Spira’s Antitrust Complaint Against De Beers Reaches the End of the Road

The long-running battle, started in 2003, between Belgian rough diamond dealer Spira and diamond producer De Beers came to an end recently. Spira had sought to convince the Belgian Competition Authority (BCA) to intervene...more

Intellectual Property and Technology News - December 2014 (Global)

In This Issue: - Fundamental Reform Ahead For European Patent Law - Patentability of Isolated Nucleic Acid - Patent Reform – Is It Working? - Right To Privacy In Japan - Supreme Court Corner - The FTC...more

Solar Installer Alert: US Dept. of Commerce Issues Affirmative Final Determinations in Chinese and Taiwanese Solar CSPV Products...

On December 16, 2014, the U.S. International Trade Administration (ITA, part of the U.S. Department of Commerce) issued Affirmative Final Determinations in the alleged unfair subsidy investigation against Crystalline Silicon...more

Antitrust and Competition Newsletter - December 2014 (Global)

For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more

DG COMP’s 5th monitoring report: time for guidance please!

DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more

Solar Installer Alert: USITC Holds Final Phase Public Hearing in Chinese and Taiwanese Solar CSPV Panels Import Injury...

On December 8, 2014, Oregon Senator Ron Wyden testified on behalf of some U.S. solar cell manufacturers at a public hearing of the U.S. International Trade Commission (USITC). The USITC scheduled the hearing as part of its...more

Russian Legislation Update

In This Issue: - Currency Control - Banking - Patronage of Arts - Environment - Employment/Foreign Citizens - Excerpt from Patronage of Arts: On 4 November 2014 the President signed Federal...more

US and EU Regulatory Agencies Approve $43B Medtronic & Covidien Merger US and EU Regulatory Agencies Approve $43B Medtronic &...

Med Device Online reports that Medtronic has been cleared by the Federal Trade Commission (“FTC”) and EU’s European Commission to merge with Covidien. Also according to Med Device Online, the companies had to agree that...more

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

Commission publishes Private Antitrust Damages Directive

On 5 December 2014 the Commission’s Directive on rules governing actions for damages for infringements of competition law (the Damages Directive) was published. Member States will now have two years plus twenty days (until...more

New EU Directive Promoting Antitrust Damage Claims

Today, the EU considers that those affected by competition law infringement in some Member States are not able to effectively exercise their right to compensation. New EU legislation seeks to address obstacles to successful...more

Antitrust Division Reinforces Its Resolve and Ability to Extradite Foreign Executives

The DOJ’s Antitrust Division has extradited two executives of foreign companies in the last eight months, demonstrating its commitment to enforcing the Sherman Act outside of the United States....more

Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

On November 26, 2014, the Seventh Circuit (Posner, J.) issued its order upon rehearing of Motorola Mobility LLC v. AU Optronics Corp. (Case No. 14-8003). Motorola still effectively lost the appeal, but the Court’s more...more

The International Comparative Legal Guide to: Cartels & Leniency 2015 (8th Ed.): Chapter 25: Netherlands

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 cartel prohibition is laid down in Article...more

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

Significant Number of Dawn Raids Shows Increased Antitrust and Criminal Law Enforcement in Italian Pharmaceutical Sector

On 27 November, the Italian Competition Authority dawn raided a major South African company for alleged excessive pricing of its oncology products in Italy. According to a complaint by one of the most active consumer...more

Status Updates - November 2014 #13

Search stripped? European regulators have several beefs with Google—the digital giant has been accused of tax avoidance and violations of data protection laws—but right now they’re focused on whether the company, which...more

Seventh Circuit Decision in Motorola Mobility Holds That the FTAIA Bars a U.S. Parent's Damages Claims Based on Its Overseas...

The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring...more

Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters

The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more

CAFC to Rehear Suprema: Disposition Could Have Significant Repercussions for ITC Jurisdiction

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC., Case No. 2012-1170 (Fed. Cir.). This rehearing reviews the controversial Federal Circuit opinion holding that “an...more

US China Trade War–Developments in Trade , TAA, 337/IP, Antitrust and Securities

There have been major developments in the trade politics, trade, trade agreements, trade adjustment assistance, 337/IP, US/Chinese antitrust, and securities areas. This month the blog post has grown substantially...more

Criminal Global Cartel Focus on Generic Pharmaceuticals

The Antitrust Division is nearing the end of its largest, record-setting criminal cartel investigation – global auto parts suppliers. It has been a sprawling investigation that has leaped from product-to-product in the auto...more

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