International Trade Antitrust & Trade Regulation

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The Importance of an Effective Compliance Program

On September 9, 2014, Brent Snyder, Deputy Assistant Attorney General of the U.S. Department of Justice Antitrust Division, provided prepared remarks on the subject of “Compliance is a Culture, Not Just a Policy,” before the...more

DOJ and AAI File Briefs in Motorola FTAIA Case

We’ve previously written about Motorola Mobility v. AU Optronics, currently pending in the Seventh Circuit. As many of you know, the Seventh Circuit vacated its March 2014 decision that the higher prices for mobile phones...more

Anti-Corruption Enforcement Targets Financial Service Industry

The U.S. Department of Justice (DOJ) recently made enforcement of the Foreign Corrupt Practices Act (FCPA) a top priority, second only to terrorism. While an overall increase in enforcement puts all industries on alert, the...more

Countering a New Threat from the False Claims Act

For companies in certain business sectors, such as defense contracting and health care, insider-whistleblower lawsuits under the U.S. False Claims Act are a familiar threat. But Pillsbury client Victaulic, the world’s leading...more

The European Court of Justice Caps Liability for Acquired Companies’ Cartel Infringements

The ruling caps fines on companies with historic cartel exposure that are acquired by large companies and increases predictability of future antitrust exposure stemming from pre-acquisition conduct. On 4 September...more

United States Claims Victory As WTO Appellate Body Issues Report In Dispute Over China's Rare Earth Export Restraints

On August 7, 2014, the World Trade Organization (WTO) Appellate Body upheld a March 2014 Panel decision regarding China's export restrictions on rare earth materials including tungsten, molybdenum, and other rare earth...more

CBP Issues Guidance on Acceptable Methods of Submitting Post-Importation Claims

As a follow-up to a memorandum issued by U.S. Customs and Border Protection (CBP) to its field offices on August 11, 2014, CBP has published a guidance to the trade community concerning "acceptable methods" for submission of...more

Publish The List — Hold The Irony

As required by section 1502(d)(3)(C) of Dodd-Frank, the U.S. Commerce Department has compiled and posted (albeit more than a year late) a list of ”all known conflict mineral processing facilities worldwide.” Without the...more

Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties

The domestic industry largely prevailed in trade cases against unfair imports of oil country tubular goods (OCTG) when the International Trade Commission (Commission) voted on its final determinations on August 22. The...more

A Hundred Years Of Making Furniture In Southern Virginia. And Then Came China

Beth Macy's Factory Man (Little, Brown, 2014) is a great recounting of an untold piece of American business and manufacturing history. It begins in 1902, when John D. Bassett (called "Mr. J.D.") started Bassett Furniture in...more

EY Fraud Survey & Compliance Fatigue. Do as I say not as I do.

A few weeks ago I posted “EY Global Fraud Survey: “Depressing,” yes, surprising, no” and shortly thereafter, Philipp Kloeber, Consultant at Ernst & Young, Melbourne, Australia was kind enough to refer me to the EY paper...more

DOJ Makes Headway in Fight Against Financial Fraud

On August 18, 2014, following a Department of Justice (DOJ) investigation and criminal indictment, Paul Robson became the second former Rabobank employee to plead guilty for his participation in a scheme to manipulate the...more

Trade & Manufacturing - September 2014

"oIn This Issue: - A Hundred Years Of Making Furniture In Southern Virginia. And Then Came China. - Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties - News...more

Guide to Doing Business in Australia: Regulation of Foreign Investment

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION...more

Resurgence of Protectionism – Can European Member States Really Do Whatever They Want to Foreign Takeovers?

EU Competition Commissioner Joaquín Almunia recently cited the French initiatives to block the GE-Alstom deal as an example of “worrying signals of protectionist threats” in Europe. France is not, however, to be singled out....more

Insurance Antitrust Legal News: Volume 3, Number 5

European Antitrust "Block Exemption" for Insurance Under Review: In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption...more

Federal Circuit Reverses ITC Violation of Its Own Rules

Align Technology, Inc. v. U.S. Int’l Trade Comm’n - The U.S. Court of Appeals for the Federal Circuit reversed a ruling by the International Trade Commission (ITC, the Commission), finding that, under the ITC’s rules,...more

Important changes to Italian mandatory tender offer Rules

The Decreto Competitività (as converted into Law with amendments, the “Decree”), published on August 20, 2014, in the Italian Official Gazette (Gazzetta Ufficiale della Repubblica Italiana), has made some important changes to...more

Business and Commercial Litigation Newsletter – #43

We are pleased to present the 43rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address whistleblower protections under the Dodd-Frank Act, trade...more

US China Trade War–Developments In Trade, Tax, Customs, Patents/337, Antitrust And Securities

As indicated in the attached invitation, INVITATION VANCOUVER RUSSIAN SANCTIONS SPEECH, on September 3, 2014, from 10AM to 12PM, in an event sponsored by Deloitte Tax Law and the Canadian, Eurasian and Russian Business...more

Characterization as “Essential Element” Amounts to a Disavowal of Scope

X2Y Attenuators, LLC v. International Trade Commission - Addressing the impact of an alleged disclaimer made in a patent on which asserted patents relied for priority, the U.S. Court of Appeals for the Federal Circuit...more

Automotive Bearings Price-Fixing Allegations Survive FTAIA Defense

On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary (NTN Corporation and NTN USA Corporation) to dismiss the direct and indirect purchaser complaints...more

Belgium Streamlines Competition Enforcement Regime

Perhaps best known worldwide for its Trappist breweries, Belgium is increasingly hospitable to business regulation. It is among the many countries that have recently introduced new laws and created new agencies to regulate...more

Antitrust Enforcement Set for Record Year of Fines

Global antitrust enforcement is on pace to set record-level fines in 2014, as the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) and the European Commission (EC) undertake particularly aggressive...more

Increasing Cooperation in International Antitrust Enforcement

As we noted earlier this month, one factor that may contribute to the increase in criminal antitrust fines over the past ten years is the Antitrust Division’s focus on anticompetitive conduct that is international in scope. ...more

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