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International Trade Antitrust & Trade Regulation

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

EU: “Hard” Brexit Would Come with Border Friction and Costs

The European Union has published a technical note warning of dire consequences for businesses if the UK leaves the EU with no deal in place. The European Commission has warned companies across Europe to prepare for...more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

by Jones Day on

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

TLC and Networks: New rules for Chinese foreign investments (Italian)

by Dentons on

The Chinese Government decided to remove the investments in telecommunication operators and electricity grid management companies from the list of sensitive sectors for which a prior authorisation for investments by Chinese...more

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

by Bass, Berry & Sims PLC on

This Post at a Glance - - Company made false statements related to import duty charges - Investigation initiated by whistleblower complaint from company’s competitor - Trump Administration likely to impose...more

ITC Reiterates the Importance of Quantitative Evidence to Establish a Domestic Industry

by Knobbe Martens on

International Trade Commission - On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the...more

10 Hallmarks of an Effective Compliance Program - #1 Top Management Through the Organization

by Thomas Fox on

Episode One of a ten-part series for compliance professionals. In this new series of audio white papers, Thomas Fox looks at the 10 Hallmarks of an Effective Compliance Program. Material in this audio white paper is...more

EU Court ruling on how off-label use is to be analysed under competition law

by White & Case LLP on

On 23 January 2018, the Grand Chamber of the Court of Justice ("ECJ") delivered its judgment on preliminary reference from the Italian State Council in the Roche case, which concerns the off-label use of Avastin for the...more

CFIUS: Evolution Yields to Revolution

by Jones Day on

While 2017 was an evolutionary year for the Committee on Foreign Investment in the United States ("CFIUS"), 2018 portends to be a revolutionary year. A number of factors, including a new President, growing concerns over...more

Final Draft EU Standards on Cooperation of National Regulators and the European Securities and Markets Authority with other EU...

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published a final report and final draft Implementing Technical Standards on forms and procedures for cooperation of National Regulators and ESMA with other EU Authorities...more

Resource for Doing Business in the United States – Installment #10 – Antitrust

by Garvey Schubert Barer on

Perhaps you have heard about some of the huge fines companies have faced after being charged with antitrust violations, such as Google’s $2.7 billion fine in June 2017, or the $26.7 million Euro judgment against one of...more

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

Back to the Drawing Board: Brexit to Result in UK-REACH. How Can UK Importers and Manufacturers Best Prepare?

by K&L Gates LLP on

On 6 February 2017, Simon Johnson from the EU Exit Team at DEFRA confirmed to the attendees of a Metal Events Ltd's Forum on REACH that the UK Government is taking a robust line on chemicals regulation as the negotiations on...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

Recent Antitrust Settlements Are Providing New Recovery Opportunities, But Filing Claims Is Proving To Be Complicated

First there was Libor. Next came credit default swaps and foreign exchange. Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of...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

EU Judgment On Banning Sales Via Online Marketplaces - What Does It Mean For Non-Luxury Brands?

by K&L Gates LLP on

The EU’s highest court, the Court of Justice of the EU, has decided that suppliers operating a selective distribution system may be able to prevent their authorised resellers from selling on third party platforms. The Court’s...more

Antitrust Merger Enforcement Update: One Year into the Trump Administration

by McDermott Will & Emery on

At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s...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

FTC Releases 2017 Privacy And Data Security Update

by King & Spalding on

On January 18, 2018, the Federal Trade Commission (“FTC”) released its annual report describing the agency’s activities over the past year in the areas of enforcement, advocacy, workshops, consumer education and business...more

China Redefines Commercial Bribery and Increases Penalties

by Morgan Lewis on

China amended its Anti-Unfair Competition Law on November 4, 2017—the first time the law has been amended since it was promulgated in 1993....more

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