International Trade Antitrust & Trade Regulation Science, Computers & Technology

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Your daily dose of financial news - The Brief – 9.21.16

Testifying before the Senate Banking Committee yesterday, Wells Fargo CEO John Stumpf admitted that the illegal sham-account-creation activity at the heart of its recent SEC fine may have begun earlier than first reported....more

Buying and selling online: the EU's new findings on e-commerce

On 15 September 2016, after more than a year of information-gathering and analysis, the European Commission published a voluminous report (291 pages) of preliminary findings from its large-scale e-commerce inquiry (the...more

International News: Focus on International M&A

The Impact of The EU General Data Protection Regulation - The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise...more

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

Less Is More: European Commission Gives Boost to the Collaborative Economy

Sometimes, what’s omitted is more important than what’s included. And never more so than in relation to EU regulation and compliance. Providers of peer-to-peer platforms may have feared that a desire by the EU to...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

The FTC Has Not Yet Begun To Fine - InMobi’s Million Dollar Settlement and Online Analytics in an Age of COPPA

In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy...more

FCPA Compliance and Ethics Report-Episode 268-leadership lessons from Brexit

In this episode, Richard Lummis and I visit on the leadership failures and lessons to be learned from the Brexit vote and its aftermath. ...more

FTC Issues Warning Letters to 28 Companies Claiming Participation in the APEC CBPR System

On July 14, 2016, the Federal Trade Commission (FTC) announced that it had issued warning letters to 28 companies regarding their claim of participation in the Asia Pacific Economic Cooperation Cross Border Privacy Rule (APEC CBPR) system. The APEC CBPR system is a voluntary, enforceable mechanism that certifies a company’s compliance with the principles in the APEC CBPR and facilitates privacy-respecting transfers of data among APEC member economies. more

EU Retail News - July 2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past – at least for now. The UK is still a member of the EU and until it negotiates an exit deal or the two year period for the re-negotiation for such a deal expires, the UK remains a full member of the European Union subject to its rights and obligations under the EU treaties.more

European Life Sciences Review: Issue 3

Welcome to the third issue of our European Life Sciences Review that covers some of the most critical developments in the pharmaceutical and medical technology sectors in the last month and is produced by our life sciences lawyers in London, Frankfurt, and Paris. In this issue, we cover updates relating to: ..Brexit ..Devices Regulation ..Pharmaceuticals Regulation ..Pricing And Reimbursement ..Technologies ..Competition ..Pharmaceutical Sector ..Trade Issues ..Data Protection ..Anti-Corruption Please see full Issue below for more information. more

What you need to know about the new EU-U.S. data transfer pact

In October 2015, the Court of Justice of the European Union (“CJEU”), in its Schems decision, struck down protections afforded by the 2000 CJEU “Safe Harbor Decision.” The Safe Harbor framework had established a system by which U.S. companies could self-certify compliance with a single set of principles and procedures, thus verifying that they complied with all the various EU privacy and data transfer standards.more

EU Court Rules That Royalties for Unpatented Technology Are Not Necessarily Anticompetitive

On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being given to a licence agreement requiring the licensee to pay royalties for the use of a patent which has been revoked (Sanofi-Aventis v. Genentech, Case C-567/14).more

European Commission moves to restrict geoblocking

On 25 May 2016 the European Commission published draft legislation aimed at restricting the use of geoblocking and similar practices by websites selling to into the European Union. The European Commission has published a draft regulation aimed at restricting traders from blocking access to websites by customers from other European countries, preventing geographic discrimination through use of different online terms and conditions or refusal of means of online payment.more

Big Data Can Lead to Big Legal Problems For Companies

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big Data can help companies make decisions ranging from which candidates to hire to which consumers should receive a special promotional offer. As a powerful tool for social good, Big Data can bring new opportunities for advancement to underserved populations, increase productivity and make markets more efficient. Originally published in MarketWatch on June 2, 2016.more

China Competition Authority Initiates Drug Pricing Investigation

On May 22, 2015, the National Development and Reform Commission (the NDRC) of China promulgated a notice (the Pricing Investigation Notice) announcing that it would carry out a nationwide drug pricing investigation on pharmaceutical companies and related institutions. The investigation was formally launched on June 1, 2016 and will last until October 31, 2016, with the aim to regulate pricing-related monopoly or unfair competition activities in drug and bulk medicine markets in China.more

In re Certain Activity Tracking Devices, Systems, and Components Thereof

Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents owned by Jawbone are directed to ineligible subject matter. In a matter between activity tracking providers (Jawbone vs. Fitbit), Fitbit, Inc. filed a motion for summary determination, during an ITC proceeding, that U.S. Patent Nos. 8,961,413 and 8,073,707 are directed to ineligible subject matter under 35 U.S.C. § 101.more

Changes in the regulatory control of the pharmaceutical market - Q1 2016 Review

Until January 1, 2017, for confirming the state registration of a foreign medicinal product, it is permitted to present a certificate of GMP ?ompliance (obtained in the country of origin) to the applicable GMP standards in the country of origin more

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had alleged that SanDisk monopolized the market for NAND flash memory by fraudulently obtaining a patent on the technology, a claim typically referred to as a Walker Process claim.more

European Competition Law Newsletter – May 2016

Third UK Fast-Track Claim Shows Rapid Development of Competition Law Private Claims as a Business Tool - On 12 April 2016, the UK Competition Appeal Tribunal (CAT) listed (see here) its third fast-track competition law claim. The new fast-track rules in the UK are intended to increase the enforcement of competition law through the courts, in particular by small and medium-sized enterprises (SMEs). This claim shows that the system is rapidly gaining traction and that private litigation is a real alternative for any company seeking to rely on competition law arguments in the UK. more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – May 2016

Special Focus on “Safe Harbor 2.0,” Privacy Shield and E.U. Data Transfers: Alston & Bird’s privacy team has been closely following the development of Privacy Shield, the proposed successor to the E.U.-U.S. Safe Harbor framework. Our coverage includes: - Revised Safe Harbor Agreed: Introducing the New “E.U.-U.S. Privacy Shield” European Commission and U.S. officials announce reaching a “political agreement” on a new Safe Harbor framework to be called the “E.U.-U.S. Privacy Shield.” more

European Court of Justice to Rule on Legality of Online Sales Bans

An appeal court in Frankfurt has asked the European Court of Justice to clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in beauty products with an extensive portfolio of beauty brands and its German distributor. The supplier of beauty products operates a selective distribution system in Germany to manage how its products are sold and has taken its distributor to court for selling products over online platforms, such as Amazon.com and eBay.more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted or distorted in the sector. The inquiry focused on geo-blocking, a commercial practice whereby online providers block user access to the purchasing of goods or digital content services based on that user’s geographical location.more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application of Qualcomm Incorporated rejected Qualcomm’s Section 1782 applications to subpoena a host of U.S. technology giants for information to use in Qualcomm’s defense of a Korea Fair Trade Commission (“KFTC”) proceeding. more

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