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International Trade Antitrust & Trade Regulation

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

NAFTA Renegotiation Faces a Lengthy, Uncertain Future

by Perkins Coie on

On May 18, 2017, United States Trade Representative (USTR) Robert Lighthizer notified Congress that he is seeking to renegotiate the North American Free Trade Agreement (NAFTA). The notification triggers a 90-day consultation...more

European Commission Consults on Operations of European Supervisory Authorities

by Jones Day on

On 21 March 2017, the European Commission published a consultation paper on the operations of the European Supervisory Authorities ("ESAs")...more

Commercial Division Partially Vacates ICC Arbitration Award in Artificial Sweetener Dispute

Justice Charles Ramos of the New York Commercial Division partially vacated an International Chamber of Commerce (“ICC”) arbitration award in a major legal battle between artificial sweetener giants NutraSweet and Daesang. ...more

€110 million fine for Facebook by the European Commission for providing misleading information during WhatsApp merger review

by Dechert LLP on

The European Commission (“Commission”) announced on May 18, 2017, that it was fining Facebook €110 million for providing misleading or incorrect information during the review of the social network’s acquisition of WhatsApp in...more

Facebook Fined for WhatsApp Data Linking Fallout

by Alston & Bird on

On 18 May 2017, the European Commission (“Commission”) fined Facebook €110 million ($122 million) for misrepresentations made in its application for competition clearance of the company’s acquisition of WhatsApp. In its...more

Dispute Resolution Alternatives in Latin America

by Zelle LLP on

The Cornell University Law School Legal Information Institute defines “Alternative Dispute Resolution” (ADR) as “any method of resolving disputes other than by litigation”. Arbitration and mediation are the two main forms of...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Eyes Across the Atlantic: Coordination and Management of Global Private Antitrust Litigation

In years past, the focus of private international antitrust disputes was the United States. Over a century of experience, treble damages, class actions and the American rule for attorneys’ fees – plus robust enforcement by...more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

by Jones Day on

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more

CJEU Opinion on EU-Singapore FTA May Impact Approach to Future Trade Agreements

by McGuireWoods LLP on

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the EU-Singapore FTA falls under the EU’s...more

Global Inquiries into Drug Price Increases

European competition authorities announced this week an investigation into Aspen Pharmacare’s recent price hikes of five cancer drugs. The European Commission said in a press release that it had “information indicating that...more

Everything Compliance-Episode 11, the first 100 Days of the Trump Administration, Part II [Video]

by Thomas Fox on

In this second of a two-part series, we conclude the panel’s discussion of the first 100 days of the Trump administration as it relates to compliance. This episode concludes with the panelists’ rants. 1. Matt Kelly opens...more

European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions

by McDermott Will & Emery on

On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools....more

European Commission to enforce competition law against suppliers who restrict e-commerce

by Dentons on

The European Commission (EC) has now published its final report on the e-commerce sector inquiry....more

European Commission Publishes E-commerce Sector Inquiry Final Report: 4 Key Takeaways

by Latham & Watkins LLP on

The final report indicates future enforcement trends related to vertical restraints, pricing and big data. On 10 May 2017, the European Commission (Commission) published its final report on the E-commerce Sector Inquiry...more

Digital Single Market: the European Commission Takes Stock and Defines Future Priorities

by Latham & Watkins LLP on

The Commission’s mid-term review assesses the progress of DSM initiatives and sets new goals for on data economy, cybersecurity and online platforms. On 10 May 2017, the European Commission published its mid-term review...more

More e-commerce investigations around the corner?

by Bryan Cave on

On the 10 May 2017, the EU Commission announced the end of their e-commerce sector inquiry. What is notable about the end of this inquiry is the lack of policy or new legislation following it....more

Not the last word - the final report on the e-commerce sector inquiry

by DLA Piper on

On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The...more

EU Competition Newsletter - May 2017

by Bryan Cave on

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

ITC Commissioners Remain Split on Cease and Desist Orders

by Jones Day on

We previously wrote about the ITC Commissioners’ split on the standard for the issuance of cease and desist orders. In recent opinions, Commissioners Schmidtlein and Kieff have written separately to express their view that...more

Competition News - May 2017

by Dentons on

Transposition by France of the European Directive on compensating harm caused by anticompetitive practices - On March 9, 2017, France adopted, a little late, the texts transposing the directive of November 26, 2014, whose...more

The Trump Administration: The Business Impact

by Thomas Fox on

If we do not speak up, there may not be an opportunity later. ...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

Section 337 and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more

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