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China and Antitrust Enforcement

China’s entry into the anti-corruption enforcement arena has received lots of press attention. Just as significant as this development, China has added international cartel enforcement to its list of priorities....more

Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities

Antitrust laws, like the Sherman Act, protect American markets from anticompetitive practices. But, under the Foreign Trade Antitrust Improvements Act (FTAIA), American antitrust laws only reach foreign conduct in specific...more

Lack of Antitrust Standing Requires Dismissal of Complaint Against Alleged Chinese Magnesite Cartel

Last Thursday, Judge Kevin McNulty in the District of New Jersey issued a 69-page opinion explaining his sua sponte dismissal of the putative class action complaint in Animal Science Products, Inc. v. China Minmetals Corp.,...more

Antitrust Matters - July 2014 (Global)

In This Issue: - Back to the Future? Back to the Past! - Interview: African Merger Control: Interview with the COMESA Competition Commission EUROPE: *EUROPEAN UNION: - Comparing apples and...more

Auto Parts Investigations Require Effective Antitrust Compliance Programs to Limit the On-going Risk

Steady as clockwork, auto parts investigations around the globe are continuing. These investigations have exposed wide-ranging price fixing conspiracies. Prosecutors rely on well-organized global enforcement cooperation,...more

Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing...more

Top tips for purchasing professionals on spotting possible vendor collusion

This year promises to be another in which corporate purchasing departments work hard to keep costs down while vendors try to increase their margins. In this marketplace tug of war, vendors will occasionally engage in a little...more

The International Comparative Legal Guide to: Cartels & Leniency 2014 7th Edition: Chapter 27 - Netherlands

1 The Legislative Framework of the Cartel Prohibition - 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The Dutch Competition Act (‘DCA’) is based on...more

Price-Fixing Executive Dealt Tough Sentence for Role in Cartel

On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight...more

The Dutch Competition Agency Focuses on Anticompetitive Signaling

The Netherlands Authority for Consumers and Markets (ACM) – the Dutch competition agency – has indicated that public statements about future market behavior could infringe competition law. This is the first time an EU...more

India’s Competition Act takes shape with enforcement actions and appeals: key cases, key points for international companies

Competition law in India has begun to take shape as major enforcement actions involving a host of industries have worked their way from initial complaint to a finding of an infringement and appeal to the Supreme Court of...more

U.S. Senators Debate Toughening Cartel Penalties

On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more

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

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

The Implications of DOJ’s Auto Parts Price-Fixing Enforcement Actions

BACKGROUND - In plea agreements filed by the U.S. Department of Justice (DOJ) on September 26, 2013, nine automobile parts manufacturers agreed to pay more than $740 million in criminal fines to resolve charges of...more

The European Antitrust Review - 2014: Italy: Cartels

Anti-competitive behaviours such as price fixing, sharing markets and horizontal agreements between undertakings aiming to agree commercial strategies and policies are considered the most harmful infringements of competition...more

Chinese Vitamin C manufacturers found liable for price fixing in the United States -- court orders total damages of US$162 million...

In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

ACCC Takes Enforcement Action Against Manufacturers of Car Parts for Alleged Cartel Conduct

The latest Australian Competition and Consumer Commission (ACCC) cartel enforcement action involves the institution of civil proceedings in the Federal Court in Adelaide against Japanese company Yazaki Corporation (Yazaki) as...more

Chinese Authorities Fine LCD Cartel Members in NDRC’s First Global Cartel Decision

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels...more

China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time

Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed...more

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