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General Business Government Contracting Antitrust & Trade Regulation

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

EU & Competition Law Update – October 2017

by Bryan Cave on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

New competition register enters into force

by White & Case LLP on

On July 29, 2017, the Act Introducing a Register for Competition (Wettbewerbsregistergesetz – WregG, "Competition Register Act") will enter into force. Companies violating competition or other rules must or can be excluded...more

Doing Business in Cuba Under the FCPA

by Thomas Fox on

I want to consider the impending opening of Cuba to US business, what you can do now and what you must wait for until the embargo is lifted; all from the perspective of compliance with the Foreign Corrupt Practices Act...more

Use of Social Media In a Best Practices Compliance Program

by Thomas Fox on

Why should you integrate social media into your compliance program? In a compliance program, a large portion of your consumers/customers are your employees. Social media presents some excellent mechanisms to communicate the...more

Antitrust Alert: Mexico Brings First Criminal Antitrust Actions for Bid Rigging

by Jones Day on

In an unprecedented action, this month the Investigation Bureau of the Mexican Federal Competition Commission (COFECE) has brought criminal prosecutions against individuals who allegedly participated in bid rigging activities...more

The General Cable FCPA Enforcement Action

by Thomas Fox on

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning run of 2016 Foreign Corrupt Practices Act (FCPA) enforcement actions right up to the end of the year with the announcement...more

The Embraer FCPA Enforcement Action

by Thomas Fox on

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

Top Legal Issues Facing the Automotive Industry in 2017

by Foley & Lardner LLP on

Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about: - Managing warranty, recall, and...more

DOJ Toughens Stance on Certain Employment-Related Agreements Between Competitors - New Antitrust Guidance Threatens Criminal...

by Holland & Knight LLP on

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more

CMA publishes guidance to help detect bid-rigging

by Bryan Cave on

On 20th June 2016, the UK’s Competition and Markets Authority (“CMA”) released an open-letter offering advice to public authorities to help spot anti-competitive activity during a tender process. This is known as bid-rigging....more

Insurer Actions Cut the Heart Out of Out-of-Network Providers

by BakerHostetler on

Aetna Life Insurance Company recently won a $37 million verdict against a group of Northern California surgical centers, Bay Area Surgical Management, LLC and its affiliates (collectively, Bay Area), for an alleged...more

Aerospace & Defense Series: Implications of the FTC / DOJ Statement on Preserving Competition in the Defense Industry

by McDermott Will & Emery on

In Depth - On April 12, 2016, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) issued a joint statement to explain their “standard of review under the antitrust statutes of proposed transactions...more

Competition law and joint bidding: dos and don'ts for the construction industry

by Dentons on

It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market...more

Broward Health Wins Most-Illegal-Physician-Comp

by Faegre Baker Daniels on

Okay, there’s not really a Most-Illegal-Physician-Compensation Prize. But if there were, Florida’s North Broward Hospital District would have won in a walk. That’s why the district has agreed to pay the government $69.5...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

President Peña Nieto Signs Anticorruption Reform Law in Mexico

by Morgan Lewis on

Congress is required to enact secondary legislation to implement these reforms within one year. On May 27, Mexican President Enrique Peña Nieto signed into law constitutional reforms (the Reforms) designed to strengthen...more

Robert Appleton: It’s FCPA Compliance or Vegas

Today is the first of a two part interview with Robert “Bob” Appleton and is an edited version of the entire interview which will be available for download when part II is published next week....more

Canada Lays Corruption and Fraud Charges Against SNC-Lavalin

by Bennett Jones LLP on

On February 19, 2015, the RCMP laid corruption and fraud charges against the SNC-Lavalin Group Inc., its division SNC-Lavalin Construction Inc., and its subsidiary SNC-Lavalin International Inc. under section 3(1)(b) of the...more

Fourth Circuit Potentially Expands Scope of FCA Liability

On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth...more

GAO Takes Aim at GPOs

by Faegre Baker Daniels on

The GAO had drawn a bead on GPOs. In a report issued yesterday the Government Accountability Office expressed concern over the effect of GPOs (group purchasing organizations) on Medicare rates. The report recommended that...more

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

by McDermott Will & Emery on

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

by Thomas Fox on

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

Deemed Public Officials: A Potential Risk for US Companies in Japan

by Latham & Watkins LLP on

Japan is one of the lower-risk countries for US companies in terms of compliance issues involving bribery and corruption. Transparency International’s 2013 Corruption Perceptions Index places Japan 18th out of 177...more

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

A Closer Look at the Griffiths Energy Case: Lessons and Insights on Canadian Anti-Corruption Enforcement

by John Boscariol on

On January 25, 2013, the Alberta Court of Queen’s Bench approved a $10.35 million penalty against Griffiths Energy International Inc. (Griffiths) for a violation of the Corruption of Foreign Public Officials Act1 (CFPOA) in...more

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