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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.

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

UK Launches Antitrust Review of the Wholesale Insurance Broker Market

by Jones Day on

The Situation: The UK Financial Conduct Authority has launched a market study into whether competition works well in the insurance broker market. The Impact: The FCA has begun a fact-finding review into the role of...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

National security reviews 2017: A global perspective — Japan

by White & Case LLP on

Past deals have almost all been approved, but 2017 amendments to FEFTA widened the scope of review and strengthened enforcement mechanisms - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of...more

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...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

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

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...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

Episode 9 -- The Need for a Robust Criminal Antitrust Compliance Program

by Michael Volkov on

Global companies and corporate officers and employees face significant criminal antitrust risks.  The US Department of Justice's Antitrust Division has a mature and aggressive enforcement program targeting illegal cartel...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

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

Privacy & Cybersecurity Update - October 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's annual review of the Privacy Shield, a potential threat to the European Union's "standard contractual clauses," a push by...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

European Competition Law Newsletter – November 2017

by McGuireWoods LLP on

Risks of Information-Sharing at a Single Meeting - On 6 October 2017, the UK Competition Appeal Tribunal (CAT) provided a reminder that competing companies risk infringing competition law if they exchange commercially...more

ITC Defers to FDA, Declining to Institute Section 337 Investigation

by Ropes & Gray LLP on

In what represents a departure from typical U.S. International Trade Commission (ITC) practice, the ITC on October 27, 2017 declined to institute a Section 337 investigation based on a complaint brought by Amarin Pharma, Inc....more

European Commission Opens State Aid Investigation Into Finance Company Exemption From UK CFC Rules

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax....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

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