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Antitrust & Trade Regulation General Business

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

Google Extends Commitments with the FTC over Crawling of Third-Party Content for Use in Own “Vertical” Sites

In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain...more

Retrieval of Mobile Phone Data During Dawn Raids Upheld by Dutch Court

by Jones Day on

The Ruling: The far-reaching retrieval of mobile phone data during dawn raids by the Dutch competition authority is permissible, even if encompassing data of a non-business nature, as affirmed by a recent ruling of the Hague...more

DAMITT 2017 Year in Review – Number of Significant Antitrust Merger Investigations Declines in the US and Europe But...

by Dechert LLP on

Fast Facts - The length of significant U.S. merger investigations climbed to an average of 10.8 months in 2017, a new DAMITT record, despite the number of investigations dropping by more than 20%. There are signs of a...more

Impact of Government Shutdown on Trade

by Husch Blackwell LLP on

The government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected....more

Australia's ACCC Alarmed at Increasing Issues Arising from Consumer Guarantees

by Jones Day on

The Situation: The Australian Competition and Consumer Commission ("ACCC") has identified a 39 percent increase in consumer guarantee reports in 2017 as compared with 2016, from 21,000 to 29,000. Looking Ahead: The ACCC...more

AD-ttorneys@law

by BakerHostetler on

Are you really trying to use Jedi mind tricks to sell merch? Fan Disservice? That’s the accusation leveled by Truth in Advertising Inc., which claims that Skywalker’s Hollywood avatar, Mark Hamill, took so long to...more

EU & Competition Law Update - January 2018

by Bryan Cave on

When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more

ACCC Increases Enforcement of Consumer Guarantees Against Airlines

by Jones Day on

The Situation: Following consumer complaints, the Australian Competition and Consumer Regulator ("ACCC") has released a report reminding airlines of obligations when dealing with the flying public. Looking Ahead: The ACCC...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

EU Merger Control 2017: Competition in Innovation; EC Prohibiting Deals; Fines for Procedural Infringements; and EU Courts...

by WilmerHale on

2017 saw some highly significant investigations and court judgments in European Union merger control. Notably: ..After detailed investigations and subject to extensive divestments, the European Commission (“EC”) cleared...more

Mexico Signs the ICSID Convention that Protects Foreign Investors

by Dorsey & Whitney LLP on

On January 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington D.C. announced that the United Mexican States' Secretary of the Economy, Ildefonso Guajardo...more

European Court of Justice: Intercompany Pricing Cannot Be Used For EU Import/Customs Purposes If Subject to Adjustments

• A recent judgment of the European Court of Justice for bars the use of intercompany transfer prices for EU imports and EU customs duty purposes if (as is commonly the case) these are subject to retroactive adjustments. ...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewart v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Petition Summary: Certain Plastic Decorative Ribbon from China

by Husch Blackwell LLP on

On December 27, 2017, Berwick Offray, LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Certain Plastic Decorative Ribbon from China....more

Healthcare Transactions: Year in Review

by Bass, Berry & Sims PLC on

On December 3, 2017, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

FTC Releases Business Guidance on Multi-Level Marketing, Memorializing Principles from Prior Settlements on Hot Button Issues

by Kelley Drye & Warren LLP on

The FTC released today Business Guidance Concerning Multi-Level Marketing, which offers answers to frequently asked questions to assist multi-level marketers in evaluating their business practices for compliance with the FTC...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Update: Creation of the National Economic Crime Centre

by WilmerHale on

On 11 December 2017 the Government announced the creation of the National Economic Crime Centre (NECC). The NECC will be based within the National Crime Agency (NCA) and will act as a multi-agency organisation, tasked with...more

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

by Bryan Cave on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

THE LATEST: FTC Challenges Retail Fuel Station and Convenience Store Transaction— Requires Ten Localized Divestitures in Wisconsin...

by McDermott Will & Emery on

WHAT HAPPENED: ..Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of gasoline and diesel fuel in the United States, as well as in the operation of...more

“Gun-jumping” – antitrust pre-closing risks and how to avoid them

by Dentons on

Competition authorities around the world – and in particular in Europe – have re-focused their attention on pre-closing behavior and transaction structures. These may conflict with antitrust rules in two ways: First,...more

UK Merger Control Scheme Is More Than Just Voluntary

Orrick’s Douglas Lahnborg and Saira Henry co-authored an article in Law360 about the merger process in the UK, and whether companies should consider seeking approval from the UK’s Competition and Markets Authority (CMA). The...more

Delaware Supreme Court Clarifies Significance of Deal Price in Appraisal Cases

• For the second time in 2017, the Delaware Supreme Court reversed a Chancery Court’s decision to assign little or no weight to deal price in appraisal cases • In both cases, the court remained firm in its decision not to...more

Operating Lessor Financings - A Structural Overview

by Vedder Price on

With competition among aircraft lessors remaining fierce, airlines continue to take an increasing proportion of aircraft on operating lease. An important recent trend in the aircraft financing market, the “wholesaling” of...more

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