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General Business Antitrust & Trade Regulation International Trade

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

The Hidden Risks of MOFCOM’s Simplified Procedure

Three years ago, China’s Ministry of Commerce (MOFCOM) introduced a simplified merger review procedure to reduce the review time for transactions that do not pose significant competitive or industrial policy concerns in...more

EU & Competition Law Update – November 2017

by Bryan Cave on

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

Antitrust Alert - Le contrôle des concentrations en Europe - Ce qui change en 2017

Les règles de l’Union Européenne en matière de contrôle des concentrations coexistent avec les régimes nationaux du droit des concentrations dans la plupart des 28 Etats membres. La notification et l’approbation d’une ou...more

Antitrust Alert - Merger control in Europe - What changes in 2017

The European Union (“EU") merger control regime coexists with national merger control regimes in almost all of the 28 EU Member States. Depending on the parties’ turnover and market shares, the filing and clearance of...more

Brexit: “The Natives are restless and seem desirous of fighting”

by Foley & Lardner LLP on

This is the sixth in an ongoing series of blog posts by Foley & Lardner LLP on the implications of the June 23, 2016 voter referendum in the United Kingdom (“UK”) to exit the European Union (“EU”) (“Brexit”). This current...more

Icap v. Commission: General Court Upholds Cartel Liability of Facilitators, but Attempts to Rein in Commission’s Approach in...

by Shearman & Sterling LLP on

On 10 November 2017, the European Union General Court (GC) handed down its judgment in Icap v Commission. The judgment serves as a reminder of the Commission’s ability to impose liability for cartel infringements on...more

The Foreign Investment Regulation Review Edition 5 – EU Overview

by Hogan Lovells on

THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

National security reviews 2017: A global perspective — China (Updated)

by White & Case LLP on

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

National security reviews 2017: A global perspective — Germany (Updated)

by White & Case LLP on

Stricter regime for reviews of inbound transactions applied by the Federal Ministry for Economic Affairs and Energy - Following a surge in political initiatives for stronger investment control at the German and European...more

Dutch Court Affirms Ban on Nonauthorized Online Resellers

by Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

New Head of Antitrust Division Commits to International Antitrust Efforts in First Public Remarks

Newly instated Assistant Attorney General for the Antitrust Division Makan Delrahim recently delivered his first public remarks, at the Antitrust in Developing Countries conference at New York University School of Law....more

ITC Proposes Tariffs in Solar Trade Case

by Foley & Lardner LLP on

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar...more

Japan: De-Regulation, The Japan Fair Trade Commission and Take or Pay Disputes

by King & Spalding on

1. INTRODUCTION - Historically, the Japanese gas and electricity markets could best be described as a collection of regional monopolies, each with its own energy champion (the “Japanese Incumbents”). In more recent...more

Beware of “Gun Jumping”: EU Court Upholds EUR 20 Million Fine Imposed On Norwegian Seafood Company

by McDermott Will & Emery on

Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, acquired Morpol ASA (“Morpol”), a Norwegian producer and processor of salmon. Marine Harvest notified the transaction to the European...more

EU Court annuls a 2014 European Commission merger clearance for insufficient reasoning

by White & Case LLP on

The EU General Court ("GC" or "Court") annulled a 2014 decision of the European Commission ("Commission") clearing the Liberty Global/Ziggo transaction for lack of appropriate reasoning. The GC found that the Commission...more

UK Government to Reform M&A Rules to Protect National Security

by Jones Day on

The Situation: The UK government is introducing new protectionist measures concerning acquisitions of businesses operating in the United Kingdom. The Impact: The government intends to expand the scope of acquisition...more

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

by Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

EU General Court Upholds Luxury-brand Restrictions on Supply of Spare Parts

by K&L Gates LLP on

The General Court of the European Union has provided some further guidance for luxury-brand companies on the different practices allowed on the secondary markets, such as repairs and supply of spare parts. First, the General...more

Significant Fine Imposed by the French Competition Authority in Floor Coverings Cartel

by McDermott Will & Emery on

On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the...more

Commission Denies Joint Petition for Rescission of Civil Penalty

by Jones Day on

In a recent Order, the Commission held that an earlier-entered Consent Order should be vacated in view of a settlement agreement between the parties but that the Commission did not have the authority to vacate a civil penalty...more

Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

by Farella Braun + Martel LLP on

On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is...more

Competition News - October 2017

by Dentons on

Prohibiting an authorized distributor from selling on a market place is not necessarily a hardcore restriction of competition - By a decree dated September 13, 2017, the French Supreme Court gave its support to brands...more

CFTC and European Commission Make Progress on Cross-Border Agreements

On October 13, 2017, the Commodity Futures Trading Commission (CFTC) announced two cross-border developments with the European Commission (EC) that take significant steps toward reconciling regulation of cross-border...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

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