News & Analysis as of

Most-Favored Nations

Tax treaty interpretation

by Hogan Lovells on

On 31 August 2017, the Dutch Court of Appeals of 's-Hertogenbosch issued judgment in a case dealing with the application of the most-favoured-nation (MFN) clause contained in the Netherlands/South Africa Double Tax Agreement...more

WTO Panel Report: Indonesia – Iron or Steel Products

by White & Case LLP on

Decision - A WTO Panel has dismissed claims against Indonesia under the WTO Agreement on Safeguards on the grounds that the challenged duty was not actually a "safeguard measure". All disputing parties had agreed that the...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

The liberalization of Canadian foreign investment review continues

by Dentons on

The Investment Canada Act (ICA) threshold for review of direct acquisitions of Canadian businesses by World Trade Organization (WTO) investors (or from WTO investors) has increased from CA$600 million to CA$800 million in...more

EU Concerns Remain on Hotel Prices and Commission Rates

by Bryan Cave on

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

Does CETA provide a workable model for market access in the financial services industry?

by Hogan Lovells on

Does CETA provide a workable model for market access in the financial services industry? At the risk of spoiling the plot: no, not really. What does the industry mean when it says it wants market access?...more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

by White & Case LLP on

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on...more

Distribution Problems for US Companies in Europe and How To Avoid Them

by Bryan Cave on

Many US (and EU) companies operate in Europe with pricing and distribution policies which may breach EU competition rules. EU regulators are taking an increasingly tough line on pricing and online market place access. Robert...more

Predicting the Unpredictable: Will Tariffs Under President Trump Cause a Trade War With China?

President Trump has stated that he would impose tariffs on imports from China ranging from ten to forty-five percent. Can he do it? And will it cause a trade war? The Effects of Increased Tariffs - In the 18th...more

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

Incremental Facilities – The LMA Approach

by White & Case LLP on

Incremental Facilities - Once the preserve of large cap deals and top tier sponsors, incremental facilities (which can otherwise be known as accordion or additional facilities) have become a permanent feature of the...more

Competition and Markets Authority Opens Investigation into Auction Service Providers

by K&L Gates LLP on

On 22 November 2016, the Competition and Markets Authority (“CMA”) announced that it had opened a formal investigation into suspected anti-competitive practices in relation to the supply of auction services in the UK. In...more

¿Qué Podría Ocurrir con la Relación Comercial Bilateral México-Estados Unidos Después de las Elecciones?

by Holland & Knight LLP on

Los resultados electorales de esta semana en los Estados Unidos requieren de un análisis serio sobre las consecuencias que pudieran llegar a tener las declaraciones realizadas durante la campaña por el nuevo Presidente electo...more

What Might Be Next for U.S.-Mexico Bilateral Trade After the Election?

by Holland & Knight LLP on

This week's electoral results in the United States require a serious analysis of the consequences due to some of the statements made by new President-Elect Donald Trump during the campaign, which could impact trade and...more

International Arbitration Newsletter - October 2016

by Latham & Watkins LLP on

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

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

by White & Case LLP on

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

EU & Competition Law Update – August 2016

by Bryan Cave on

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

Regulatory scrutiny of online hotel booking continues

by Bryan Cave on

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission,...more

Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more

Impact of Brexit on Existing US Trade Relationships May Be Limited (IRB No. 556)

by Bryan Cave on

It appears that the United Kingdom will exit the European Union as a result of the vote taken in the so-called Brexit referendum. Although the full impact of Brexit is hard to predict, it appears that its effects on United...more

DOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts

by Mintz Levin on

A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In...more

ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a...

by Bryan Cave on

Either from our prior posts, or from the great posts from Stone and Baxter’s Plan Proponent blog or from Bracewell’s Basis Points blog, we all know the Supreme Court’s holding in ASARCO: a strict interpretation of Section...more

Evaluating the Trans-Pacific Partnership

by White & Case LLP on

On February 4, 2016, the Parties to the Trans Pacific Partnership (TPP) signed the Agreement in Auckland, New Zealand, marking the formal conclusion of their negotiations. The TPP is one of the largest and most ambitious...more

Court Of Chancery Explains Advancement Rights Of Seller Representative

by Morris James LLP on

This is an interesting advancement case as it applies the usual test of whether the former directors have been sued “by reason of the fact” they were directors in the context of suit against former owners’ representative for...more

Potential Antitrust Implications of Most Favored Nation Clauses

by Foley & Lardner LLP on

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more

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