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International Trade General Business Antitrust & Trade Regulation

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

European Retail Trade Is on the Verge of Change

by Jones Day on

On January 30, 2018, the European Court of Justice ("ECJ") rendered a judgment with far-reaching consequences for the European retail trade (ECLI:NL:C:2018:44). The judgment (in two joined cases) centered on the question...more

Australian Government Further Tightens FIRB Controls, Now Over Critical Electricity Assets

by Jones Day on

In early 2016, the Australian Government announced the introduction of new standard tax conditions and appeared to indicate that the conditions would be applied universally to all foreign investment approvals. Later that...more

Australian Government Tries to "Level the Playing Field" for Purchases of Agricultural Land

by Jones Day on

On 1 February 2018, the Treasurer of Australia announced that going forward, foreign persons seeking approval for the acquisition of Australian agricultural land will, in the absence of exceptional circumstances, need to...more

Resale Price Maintenance and Restrictions on Online Selling Still Dominate CMA Concerns

by Bryan Cave on

The Competition and Markets Authority (CMA), the principal UK competition regulator, maintains a register of competition law advisory and warning letters it sends to businesses it believes could be breaching competition law....more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

From 2020, Russia will introduce a compulsory system for tracking pharmaceuticals from manufacturer to end user

by Dentons on

On December 29, 2017, the RF President signed Federal Law No. 425-FZ of December 28, 2017 On Amendments to the Federal Law On the Circulation of Pharmaceuticals ("Law 425-FZ"). Under Law 425-FZ, in order to ensure effective...more

2018 EU Trade, Regulatory and Competition Trends

Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more

The EU Establishes Its Position on Brexit Transition

The European Council has set out its negotiating position whereby the UK will become a rule taker, not a rule maker, during the transition period. The European Council recently approved negotiation guidelines covering the...more

FTC Announces Annual Changes to HSR Thresholds (2018)

by White & Case LLP on

On January 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds....more

Disruptive Forces: Antitrust in 2018

Disruptive Forces 2 - - Netflix – a threat to broadcast and cable TV operators? - Amazon – a threat to grocery and retail more broadly? - Apple and Facebook – a threat to would-be rivals? - Google – a threat to...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Trump Administration Announces New Tariffs on Imported Solar Cells and Modules

Following months of speculation, on January 23, 2018, the Trump Administration issued a Proclamation announcing new tariffs on imported solar cells and modules (the “Solar Tariff”) in response to the Section 201 petition...more

Competition Newsletter January 2018

by Dentons on

The Court of Justice of the European Union confirms the sanction imposed on Telefónica and Portugal Telecom for a market-sharing clause as part of a concentration operation - By a ruling dated 13 December 2017, the Court...more

President Trump Announces Decision on Section 201 Safeguard Investigation of Large Residential Washers

by Husch Blackwell LLP on

On Tuesday, January 23, 2018, President Trump signed the Presidential Proclamation to Facilitate Adjustment to Competition from Imports of Large Residential Washers, thereby announcing the President’s decision regarding the...more

10 EU Competition & Regulatory Trends to Watch for in 2018

Introduction - Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more

201 Trade Case Update: Trump Administration Imposes Tariff on Imported Solar Panels

by Foley & Lardner LLP on

After months of uncertainty, the Trump administration announced on Monday that it is imposing a 30% tariff on imported solar cells and modules, which will step down 5% each year thereafter for a duration of four years. In...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 US Antitrust Merger Enforcement

by White & Case LLP on

On January 19, 2018, the federal government failed to enact appropriations to fund federal operations, resulting in a government shutdown. Both the Department of Justice (DOJ) and Federal Trade Commission (FTC) have issued...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

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

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