International Trade Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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CIT rules on Made in USA claim

A recent ruling by the U.S. Court of International Trade (CIT) has important implications for importers and manufacturers making “Made in USA” claims for products assembled from imported components. While the case concerned...more

Claimants' Guide to Antitrust Competition Litigation in EU

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

FTC Settles Deception Charges Relating to Privacy Program Claims

On February 22, 2017, the FTC settled charges with three companies that, according to the FTC, deceptively claimed that they participated in the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules (APEC CBPR). The...more

OECD: Italy Should Approve its Proposed Competition Legislation ‘Swiftly’, Including the Reform of the National Merger Filing...

On 15 February 2017, the Organization for Economic Cooperation and Development (“OECD”) published its economic survey of Italy. Among other things, the 156 page report recommends that Italy passes its proposed competition...more

EU Competition Newsletter – February 2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

Parallel Universes: Antitrust Leniency and the FCPA Pilot Program

The world of science fiction can be exhilarating. If you ever read The Foundation Trilogy or Martian Chronicles, you know what I mean. The concept of parallel universes has always been an intriguing idea where believers can...more

Mastercard Win Over Retailers for “Interchange Fees”

Mastercard has won a victory against a group of UK retailers, including Morrisons, who had brought proceedings against it for damages for breaches of European Union and United Kingdom competition law. The claimant retailers...more

The Embraer FCPA Enforcement Action

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

Combative French Plaintiff Obtains Extended Jurisdiction Over Cross-border Online Marketplace Sales

On 21 December 2016, the European Court of Justice (ECJ) handed down an interesting interpretation of jurisdictional issues in cross-border competition law and online sales. The ECJ ruled that courts of a Member State have...more

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2017

Product Pricing and Antitrust Law in the United States - A recent US court action by a Japanese company in respect of a competitor’s volume discounts - Introduction - The current position in the US on the rules...more

Commerce Establishes Advisory Council on Trade Enforcement and Compliance

On January 4, the Department of Commerce (Commerce) announced the establishment of the Advisory Council on Trade Enforcement and Compliance (ACTEC). The ACTEC is a government-business forum that will seek “stakeholder input...more

Higher Mitigation of Fines Due to Prompt Implementation of Measures Addressing Authority’s Concerns in Unfair Commercial Practices...

In a decision published on 10 February 2017, imposing Samsung Electronics Italia S.p.A. (“Samsung”) fines totaling € 3.1 million for alleged aggressive unfair commercial practices, the Italian Competition Authority (the...more

Key Takeaways: Inside the White House and Capitol Hill — The Impact of a New Administration on Global Markets

On January 25, 2017, Skadden hosted a panel discussion at the London Stock Exchange on the potential policy direction of the Trump administration. The panel touched on tax reform, trade agreements, inbound and outbound U.S....more

Effective Ethics and Compliance Training

In a recent Slate article, entitled “Ethics Trainings Are Even Dumber Than You Think”, author L.V. Anderson railed against what she termed box-checking training where companies put on training not to actually train employees...more

FTC Requires that iSpring’s “Built in USA” Claims Hold Water

On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are...more

Private Equity Firm Held Responsible for Portfolio Company’s Antitrust Violations

A recent case found that a private equity firm was liable for its portfolio company’s antitrust violations. This client alert explains that private equity firms, when selecting potential investments, need to carry out...more

Dentons' pick of global regulatory trends to watch in 2017 - Privacy and data protection

Focus on the US - The new Federal Communications Commission (FCC) privacy rules for internet service providers (ISP) and telecommunications companies (telcos) will face an uphill battle - In a controversial ruling...more

Dentons' pick of global regulatory trends to watch in 2017 - Competition/antitrust law

Focus on the US - In the wake of the 2016 elections, we now await the decision as to who will be the "antitrust guard" at the top of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC). At the...more

EU Commission Gets Serious About Geo-Blocking

On 2 February 2017, the EU Commission simultaneously launched three investigations into the e-commerce sector. What is significant about this latest development is that it shows that e-commerce is a clear priority area in...more

EU Antitrust Continuity Potentially Threatened by Brexit

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

Private enforcement. Antitrust violation: the Italian Legislative Decree n. 3/2017 has been approved (Italian)

With the Legislative Decree n. 3/2017 the Italian legislature transposed Directive 2014/104 / EU, with which we have introduced a uniform regulation in the EU Member States relating to actions for damages based on a breach by...more

THE LATEST: DOJ Trial Machine is Staffed Up, Fired Up

WHAT HAPPENED: ..The DOJ Antitrust Division scored another trial win — this time in a real estate foreclosure bid rigging case...more

FCPA enforcement in the Trump administration [Video]

Alex Rene, co-chair of Ropes & Gray’s anti-corruption and international risk practice, discusses likely FCPA enforcement activity under the Trump administration. Transcript: There’s been a lot of talk about the future of the...more

European Commission Opens Investigation into Suspected Price Restrictions by Electronic Goods Producers

Following the recent warning by the European Commission (“Commission”) in its Preliminary Report on the e-Commerce Sector Inquiry, the Commission has announced that it has launched a full fledged investigation into four major...more

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