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Business Torts General Business Antitrust & Trade Regulation

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Amazon and Apple Issued Rulings from the European Commission

by King & Spalding on

The EC concludes that Luxembourg provided illegal tax benefits to Amazon of €250 million and refers Ireland to the European Court for failure to recover illegal tax benefits from Apple of €13 billion - On 4 October 2017,...more

EU Retail News - September 2017

by Bryan Cave on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called...more

Is Outdated Information on Your Website Putting Your Company At Risk?

by Foley & Lardner LLP on

With all of the attention given to upgrading cybersecurity, it can be easy to forget that outdated content on a company’s website also can be a source of risk. Nearly all company websites include information regarding the...more

Selective Distribution in the French Judicial Spotlight Again

by Bryan Cave on

French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

Brazil's Developing Gas Marketing: Opportunities for Arbitration

by WilmerHale on

Historically, natural gas did not play a significant role in Brazil’s energy mix, never exceeding 4% of Brazil’s primary energy supply until the late 1990s. Today, natural gas accounts for 12% of Brazil’s primary energy...more

No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et...more

ITC Grants Oral Argument

by Jones Day on

As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more

Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

by WilmerHale on

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more

Private Antitrust Damage Actions in China: An Emerging Force?

by Latham & Watkins LLP on

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description...more

Can Using Social Media Lead to a Lawsuit? (Part 2)

by Williams Venker & Sanders on

In part 1 of this blog series, I discussed the potential legal implications of social media as it pertains to defamation, privacy rights, and ownership rights. As we pick back up with our discussion, I want to address the...more

FTC Scrutinizes Dual Distributor Communications

by Morgan Lewis on

A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC...more

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

by Mintz Levin on

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

by Bennett Jones LLP on

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

[Webinar] Developments in the LIBOR antitrust MDL case - August 23rd, 12:30pm CST

by Robins Kaplan LLP on

You’re invited to join Stacey Slaughter (Partner) and Geoffrey Kozen (Associate), members of the Robins Kaplan LLP Business and Litigation group for a live webinar. Stacey and Geoffrey will provide and track basic information...more

ITC Puts 337 Case on Imports of Steel on Hold

by King & Spalding on

On April 26, the United States Steel Corporation (U.S. Steel) filed a complaint with the International Trade Commission (ITC) alleging that certain unfair trade practices relating to the import of steel carbon and alloy steel...more

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements...

by Dickinson Wright on

The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more

Torts – Intentional Interference With Contractual Relations and Intentional Interference With Prospective Economic Advantage –...

by Low, Ball & Lynch on

Dan Popescu v. Apple Inc. - Court of Appeal, Sixth Appellate District (July 1, 2016) - The elements of the two separate but related torts of intentional interference with contractual relations (contract...more

FTC Raises Maximum Civil Penalty to $40,000; HSR Act and Other Continuing Violations May Incur Civil Penalties of Over $14 million...

by Dechert LLP on

Key Points: The FTC is raising the maximum civil penalty that may be imposed for certain violations from $16,000 to $40,000. For HSR Act violations, where penalties may be imposed for each day the person is in...more

Competition News - June 2016

by Dentons on

The Paris Court of Appeal compromises the lawfulness of selective distribution networks - Only a few months after its decision rendered in the Caudalie case (see our April Newsletter), the Paris Court of Appeal adopts,...more

Pennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements

In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

by Shearman & Sterling LLP on

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

[Webinar] Provider Networks: Avoiding Antitrust Trouble - Oct. 15th, 10:00am PDT

by Davis Wright Tremaine LLP on

The Affordable Care Act encourages providers to collaborate to improve health care. But the antitrust enforcement agencies have warned providers that “too much” collaboration can run afoul of the antitrust laws. How do...more

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