Mergers & Acquisitions, International Law & Trade, Antitrust & Trade Regulation

Glencore’s Long March to Take Over Xstrata

by Rebecca Campbell, Patrick Ma, John Tivey | White & Case LLP on 4/29/2013

At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

by Siobhan Kahmann, Hai-Ching Yang | K&L Gates LLP on 4/19/2013

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

REGULATORY: EU Competition Law: European Commission clears the acquisition of TNK-BP by Rosneft

by King & Spalding on 4/16/2013

The European Commission (“Commission”) has approved without conditions Rosneft’s US$ 54.8 billion acquisition of TNK-BP. The Commission’s 8 March approval came two months after the Russian Federal Antimonopoly Service (“FAS”)...more

Antitrust and Competition Newsletter - April 2013

by Orrick, Herrington & Sutcliffe LLP on 4/4/2013

In This Issue: - A Modern Look at The Nine Patent Licensing ‘No-Nos’ (Part Two): The Last Five ‘No-Nos’ *United States - Supreme Court Holds That Class Certification Under Rule 23(b)(3) Is Inappropriate...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

by Becky Koblitz | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

Unfiltered Orange | Weekly eDiscovery News Update – March 27, 2013

by Rob Robinson on 3/27/2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

Unfiltered Orange | Weekly eDiscovery News Update – March 6, 2013

by Rob Robinson on 3/6/2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

by L. Mark Weeks | Orrick, Herrington & Sutcliffe LLP on 2/24/2013

In This Presentation: - General Indemnity: (1) Background and structure (2) Main provisions (3) Conduct of claims - Antitrust Indemnity: (1) Background (2) Main provisions (3) Conduct of...more

Antimonopoly Law Considerations and Risk Management in Connection with M&A Transactions - Assessing Competition Risks in...

by Philippe Rincazaux | Orrick, Herrington & Sutcliffe LLP on 2/21/2013

Introduction: Allocation of antitrust risk is an issue that frequently arises between parties in mergers or acquisitions that raise potential antitrust concerns. • Motivations of the buyer and the seller are the...more

Merger Control in Africa

by Ali Boroumand, Melina Koubemba, Jean-François Mercadier | Heenan Blaikie LLP on 2/18/2013

Created in 1994, the Common Market for Eastern and Southern Africa (the “COMESA”) is an organisation currently comprised of 19 African countries which aim at promoting regional integration in Eastern and Southern Africa (the...more

Aquila: M&A Looking Up in 2013; "The Negatives Are Built In" [Video]

by Bloomberg Law on 2/15/2013

15 Feb. (Bloomberg Law) -- Frank Aquila, partner at Sullivan & Cromwell, talks with Bloomberg Law's Lee Pacchia about the prospects for mergers and acquisitions activity in 2013. Aquila notes that while 2012 was something of...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

by King & Spalding on 2/7/2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and...

by Sharon Seung, Sandy Walker | Dentons on 2/1/2013

In This Issue: - Investment Canada ..State-Owned Enterprises Under Scrutiny - Competition Act ..Mergers ..Cartels And Bid-Rigging ..Price Maintenance ..Abuse Of Dominance ..Competition Bureau...more

Skadden's 2013 Insights: Global M&A

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2013

M&A activity in 2012 continued to be constrained by uncertain macroeconomic conditions, which have dampened dealmakers’ confidence. Although there were several bright spots in transactional activity, momentum was difficult to...more

Unfiltered Orange | Weekly eDiscovery News Update – January 16, 2013

by Rob Robinson on 1/16/2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

by Henry Chen, Frank Schoneveld | McDermott Will & Emery on 1/10/2013

China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures. The outcomes of the investigations are still...more

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

by King & Spalding on 1/8/2013

This briefing identifies the types of practices and transactions in which domestic competition law might be relevant to doing business in the United Arab Emirates (the UAE) in light of the new federal competition law set to...more

"End of a trend"? Canada Approves CNOOC/Nexen and Petronas/Progress Acquisitions, but Revises Approach to SOE Investment

by Heenan Blaikie LLP on 12/13/2012

Introduction & Background - On Friday, December 7, 2012, the Canadian government (the “Government”) issued determinations under the Investment Canada Act (the “Act”), approving acquisitions by foreign state-owned...more

Poland in the Spotlight: Extensive Changes to Polish Competition Law

by Philip Bentley, Philipp Werner | McDermott Will & Emery on 12/12/2012

Polish legislators have confirmed their commitment to change significantly the provisions of the Polish Competition Act. The proposed amendments will undoubtedly change Polish competition law substantially, by improving and...more

China’s Merger Control Regime

by Amber Liu | Miller Canfield on 12/10/2012

China's Anti-Monopoly Law (AML) took effect on August 1, 2008. Since then, the Chinese regulatory authorities have issued a number of implementing regulations and guidelines and developed enforcement mechanisms under the AML...more

It's Your Business Newsletter -- December 2012

by Julia P. Coelho, Timothy R. Deckert, Louis A. Dejoie, Megan F. Luck | McNees Wallace & Nurick LLC on 11/30/2012

In This Issue: ..Export Controls: Increased Enforcement Demands an Effective Export Compliance Program - United States exporters are subject to an extremely complex and often overlapping system of export...more

Germany Amends Competition Law: Key Changes

by McDermott Will & Emery on 10/30/2012

On 18 October, the German Federal Parliament (Bundestag) adopted several changes to German competition law. The new legislation still has to be passed by the second chamber of the German parliament (Bundesrat) but the...more

"The Global Competition Landscape: A Conversation With Sharis Pozen"

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/25/2012

Skadden recently welcomed Sharis A. Pozen, former Acting Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice, as a new partner in the firm’s Washington, D.C. office. Sharis discusses her DOJ...more

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

by Sheppard Mullin Richter & Hampton LLP on 9/19/2012

On August 27, 2012 the American Chamber of Commerce, Beijing, hosted a luncheon meeting where Ms. Li Qing, Deputy Director, National Development and Reform Commission (“NDRC”) Price Supervision and Anti-Monopoly Bureau, and...more

Facts are chiels that winna ding*

by White & Case LLP on 9/5/2012

I. Introduction - This essay reflects on how facts are established for purposes of European competition cases, how these facts are tested when they are inconsistent or disputed, and what improvements might be made. After...more

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Mergers & Acquisitions › International Law & Trade › Antitrust & Trade Regulation

Glencore’s Long March to Take Over Xstrata

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

REGULATORY: EU Competition Law: European Commission clears the acquisition of TNK-BP by Rosneft

Antitrust and Competition Newsletter - April 2013

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Unfiltered Orange | Weekly eDiscovery News Update – March 27, 2013

Unfiltered Orange | Weekly eDiscovery News Update – March 6, 2013

Antimonopoly Law Considerations and Risk Management in connection with M&A Transactions

Antimonopoly Law Considerations and Risk Management in Connection with M&A Transactions - Assessing Competition Risks in...

Merger Control in Africa

Aquila: M&A Looking Up in 2013; "The Negatives Are Built In" [Video]

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and...

Skadden's 2013 Insights: Global M&A

Unfiltered Orange | Weekly eDiscovery News Update – January 16, 2013

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

"End of a trend"? Canada Approves CNOOC/Nexen and Petronas/Progress Acquisitions, but Revises Approach to SOE Investment

Poland in the Spotlight: Extensive Changes to Polish Competition Law

China’s Merger Control Regime

It's Your Business Newsletter -- December 2012

Germany Amends Competition Law: Key Changes

"The Global Competition Landscape: A Conversation With Sharis Pozen"

Anti-Competitive Conduct in China: A Dialogue with NDRC and SAIC Officials on Enforcement under China's Anti-Monopoly Law

Facts are chiels that winna ding*

Aquila: M&A Looking Up in 2013; "The Negatives Are Built In" [Video]

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