News & Analysis as of

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

Trade & Manufacturing Alert - March 2014

In This Issue: - President Obama Highlights Manufacturing And Trade Issues In The State Of The Union Address - United States And EU Join 11 Other Countries In Launching Negotiations To Liberalize Trade In Green...more

Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the...more

Winning – China Releases Names of Solar PV Manufacturers Making the List

For the past year we have heard rumors that the Chinese government would select or otherwise designate solar companies that it approved. It was unclear exactly what form this selection would take and what the implications...more

Trade & Manufacturing Alert - January 2014

In This Issue: - The Sanctions Divide: The White House Pushes to Ease Trade Restrictions on Iran While Congress Contemplates a New Round of Sanctions Legislation - Energy Industry Helps U.S. Set Exports...more

M&A, joint ventures and hidden landmines: the threatened blowout of the Apollo Tyres/Cooper Tires merger

In an unusual oral bench opinion, supplemented the following day with a Saturday letter to affected counsel, Vice Chancellor Sam Glasscock III of the Delaware Chancery court has found that Apollo Tyre Limited, a US$39 billion...more

Trade & Manufacturing Alert - November 2013

In This Issue: - Government Shutdown Disrupts And Delays Various Trade Agency Functions - China Launches Pilot Free Trade Zone In Shanghai - "Reshoring" Gaining Momentum Among U.S. Manufacturers - News Of...more

Business Across Borders - Leaving the nest: an overview of companies’ international ventures

With global forecasts for trade growth remaining well below the average of the past 20 years, the last article in our Business Across Borders series, written by the Economist Intelligence Unit, and launched today, examines...more

When Outsourcing Manufacturing Can be a Patent Killer

In recent decades, companies seeking to reduce manufacturing costs and improve profit margins have increasingly employed contract manufacturing – that is, the outsourcing of partial or complete manufacturing of products to...more

Trade & Manufacturing Alert - September 2013

In This Issue: - Update On TPP Negotiations - U.S. & China Conclude Fifth Meeting Of Strategic & Economic Dialogue - USTR Rejects Import Ban On Apple Inc. Products - News Of Note ..Gilbert Kaplan In New...more

Mexico: a land of opportunity for China’s companies

Despite the global recession, Mexico is actively seeking out investment from Chinese companies. One of the major investment sectors being targeted is the automotive industry. With this in mind Mexico is participating in the...more

Trade & Manufacturing Alert - August 2013

In This Issue: - American Manufacturers See Increase In Orders - Ways And Means Conducts Hearing On Trade With Brazil - GAO Publishes Study On Counterfeit And Pirated Goods - News Of Note: ..China Issues...more

Financing Petrochemical Projects In China – A Sponsors' Perspective

Although the nature and function of petrochemical processes and products is often a very unfamiliar subject to the average person working outside the chemicals industry, petrochemicals and the end–products that they make...more

Ten Required Steps To Ensure Effective Compliance Programs By Pharmaceutical And Medical Device Companies (Part III Of III)

In response to the Glaxo controversy and the continuing risks of aggressive FCPA enforcement, drug and device companies need to review and enhance their anti-corruption compliance programs. ...more

Pharmaceutical And Medical Device Companies: Taking It On The Chin (Part II Of III)

As the Glaxo controversy unravels each day, it is important to remember the enforcement context in which the current prosecution in China is occurring. ...more

New Western Catalog Details Preferential Foreign Investment Industries in Central and Western China

According to the state media agency Xinhua, Central and Western China received $19.21 billion USD of foreign investments in 2012, or 17.2 percent of the country’s total foreign investments ($111.7 billion USD)....more

Currency Exchange Rate Oversight Reform Act of 2013 Introduced In The Senate

With mounting evidence that undervalued foreign currencies drive the U.S. trade deficit, a bipartisan group of U.S. senators has introduced the Currency Exchange Rate Oversight Reform Act of 2013. Reviving a 2011 bill that...more

Report On China's Industrial Policies Shows Numerous Industries Receive Illegal Subsidies

Manufacturers have long suspected that heavy state intervention is one secret of success for numerous Chinese exports, in addition to cheap labor and an undervalued currency. The recent Report on Chinese Industrial Policies...more

China Life Sciences Health Industry Client Briefing – March 2013 (April 26, 2013)

Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Medical Devices - CFDA Seeks Public Comment on Special Approval Procedures for Innovative Medical Devices: China Food and Drug...more

President Announces Trade Policy Agenda by Jordan Shepherd

President Obama delivered to Congress his 2013 Trade Policy Agenda (“TPA”) and the 2012 Annual Report Report of United States trade activities on March 1, 2013. The TPA’s overarching goal is “supporting jobs and economic...more

ITC Votes To Proceed With Section 337 Investigation On Fellowes Paper Shredders by T. Augustine Lo

The U.S. International Trade Commission (“ITC”) voted on January 22, 2013 to institute a Section 337 investigation on certain paper shredders produced in China based on a complaint filed by Fellowes, Inc., an Illinois-based...more

2013: How Will China's Economy Affect American Businesses?

While many countries today would envy a 7.4 percent economic expansion rate, for China, the world’s second largest economy and the United States' second largest trade partner, that number suggests the lowest economic growth...more

Chinese MOH Announced Centralized Procurement of High Value Medical Consumables

On December 17, 2012, the Ministry of Health (“MOH”) issued the Tentative Guidelines for Centralized Procurement of High Value Medical Consumables (the “Guidelines”) with immediate effect, with an aim to control health care...more

Stainless Steel Sinks Industry Sees Benefits Of Relief From Unfair Imports From China By Brian McGill

Significant preliminary antidumping (“AD”) duties were imposed on imports of drawn stainless steel sinks from China on September 27, 2012, with cash deposit rates ranging from 54.25 percent to 76.53 percent. These margins had...more

Positive Developments Improve The Business Case For Returning Manufacturing To The United States By Pat Togni

Encouraging reports regarding what could become an intensifying renewal of manufacturing in the United States are beginning to emerge after decades of decline. This development suggests a strong business case for substantial...more

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