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General Business Antitrust & Trade Regulation

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

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

Mexico Signs the ICSID Convention that Protects Foreign Investors

by Dorsey & Whitney LLP on

On January 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington D.C. announced that the United Mexican States' Secretary of the Economy, Ildefonso Guajardo...more

European Court of Justice: Intercompany Pricing Cannot Be Used For EU Import/Customs Purposes If Subject to Adjustments

• A recent judgment of the European Court of Justice for bars the use of intercompany transfer prices for EU imports and EU customs duty purposes if (as is commonly the case) these are subject to retroactive adjustments. ...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewart v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Petition Summary: Certain Plastic Decorative Ribbon from China

by Husch Blackwell LLP on

On December 27, 2017, Berwick Offray, LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Certain Plastic Decorative Ribbon from China....more

Healthcare Transactions: Year in Review

by Bass, Berry & Sims PLC on

On December 3, 2017, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

FTC Releases Business Guidance on Multi-Level Marketing, Memorializing Principles from Prior Settlements on Hot Button Issues

by Kelley Drye & Warren LLP on

The FTC released today Business Guidance Concerning Multi-Level Marketing, which offers answers to frequently asked questions to assist multi-level marketers in evaluating their business practices for compliance with the FTC...more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Update: Creation of the National Economic Crime Centre

by WilmerHale on

On 11 December 2017 the Government announced the creation of the National Economic Crime Centre (NECC). The NECC will be based within the National Crime Agency (NCA) and will act as a multi-agency organisation, tasked with...more

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

by Bryan Cave on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

THE LATEST: FTC Challenges Retail Fuel Station and Convenience Store Transaction— Requires Ten Localized Divestitures in Wisconsin...

by McDermott Will & Emery on

WHAT HAPPENED: ..Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of gasoline and diesel fuel in the United States, as well as in the operation of...more

“Gun-jumping” – antitrust pre-closing risks and how to avoid them

by Dentons on

Competition authorities around the world – and in particular in Europe – have re-focused their attention on pre-closing behavior and transaction structures. These may conflict with antitrust rules in two ways: First,...more

UK Merger Control Scheme Is More Than Just Voluntary

Orrick’s Douglas Lahnborg and Saira Henry co-authored an article in Law360 about the merger process in the UK, and whether companies should consider seeking approval from the UK’s Competition and Markets Authority (CMA). The...more

Delaware Supreme Court Clarifies Significance of Deal Price in Appraisal Cases

• For the second time in 2017, the Delaware Supreme Court reversed a Chancery Court’s decision to assign little or no weight to deal price in appraisal cases • In both cases, the court remained firm in its decision not to...more

Operating Lessor Financings - A Structural Overview

by Vedder Price on

With competition among aircraft lessors remaining fierce, airlines continue to take an increasing proportion of aircraft on operating lease. An important recent trend in the aircraft financing market, the “wholesaling” of...more

Harnessing hidden advertising: Pitfalls of engaging consumers on social media

by DLA Piper on

In the May 2017 special edition of Law à la Mode (Issue 23), we set out five tips for navigating native advertising with a view to FTC compliance under US law. In this edition, we reconsider the issue from the angle of EU...more

When is pricing discriminatory?

by Bryan Cave on

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse...more

Relationship between data protection and competition laws - German Federal Cartel Office objects to Facebook’s collection of user...

by Dentons on

Data-related businesses occupy an increasingly important role in the modern economy. During the past decade, companies such as Facebook, Amazon, Alibaba and Google/Alphabet have sprung up and become veritable giants by...more

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

by Mintz Levin on

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

Federal Trade Commission Holds Workshop on “Informational Injury”

by Ropes & Gray LLP on

For years, the Federal Trade Commission, the primary consumer protection agency in the United States, has been bringing enforcement actions against companies on the basis that their alleged failure to use specified privacy...more

AD-ttorneys@law

by BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

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