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Global Directions: Mobility Trends In November 2018
At the end of October 2018, the Department of Homeland Security ("DHS") published an updated regulatory agenda that aligns with President Trump's "Buy American and Hire American" executive order.
United States
15 Nov 2018
Supreme Court Docket Report - June 27, 2017
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
United States
4 Jul 2017
WTO Appellate Body Upholds Special Safeguard Measure Imposed By The United States On Certain Chinese Tires
On September 5, 2011, the Appellate Body of the World Trade Organization (WTO) published its report on United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (DS399).
United States
13 Sep 2011
WTO Report on China’s Export Restrictions on Raw Materials
On July 5, 2011, a World Trade Organization (WTO) dispute settlement panel (Panel) ruled against China’s export restrictions on various raw materials.
15 Jul 2011
WTO Appellate Body Issues Ruling On US Definitive Anti-Dumping And Countervailing Duties On Certain Products From China
On March 11, 2011, the Appellate Body (AB) of the World Trade Organization (WTO) issued a much-anticipated ruling in the case United States—Definitive Anti-dumping and Countervailing Duties on Certain Products from China (DS379), which overturned a number of key findings made by a WTO panel in October 2010.
19 Apr 2011
Litigation Expenses Can Be Used to Establish a Domestic Industry Under Section 337
On April 14, 2010, the International Trade Commission ("ITC" or the "Commission") issued a public version of its much-anticipated opinion in the Coaxial Cable Connectors case.
16 Apr 2010
Pending Bills Threaten International Arbitration
A subcommittee of the Judiciary Committee of the US House of Representatives approved three bills on July 15, 2008, that would amend or restrict the Federal Arbitration Act.
United States
21 Jul 2008
Indian Supreme Court Paves The Way To Challenge Foreign Arbitration Awards In India On Broad Public Policy Grounds
On January 10, 2008, the Supreme Court of India issued an important decision in the case Venture Global Engineering v. Satyam Computer Services, Ltd. regarding the enforcement in India of foreign arbitration awards.
28 Feb 2008
US Int´l Trade Commission Overturns Precedent-Breaking Duties on Chinese Imports
The US Department of Commerce (Commerce) treats the People’s Republic of China (PRC) as a non-market economy (NME) country. As a result, Commerce previously refused to apply the countervailing (i.e., anti-subsidy) law of the US to PRC imports.
30 Nov 2007
Are Your Lawful Joint Venture’s Pricing Decisions Putting You at Risk of a "Per Se" Price-Fixing Claim?
On January 10, 2006, the Supreme Court heard argument in two consolidated cases — Texaco v. Dagher and Shell Oil v. Dagher — to decide the following question: whether an agreement between owners of a lawful joint venture as to the price that the joint venture sells products in markets in which the owners do not compete is subject to per se condemnation under Section 1 of the Sherman Act.
United States
12 Apr 2006
United States v. Arch Coal, Inc.: U.S. District Court Rejects Likelihood of Anticompetitive Post-Merger Coordinated Interaction Among Leading U.S. Coal Producers
In August of 2004, Arch Coal, Inc. ("Arch") successfully rebutted the Federal Trade Commission’s ("FTC" or "Commission") claim that the acquisition by Arch of Triton Coal Company, LLC ("Triton") would substantially lesson competition among leading coal producers in Wyoming’s Southern Powder River Basin ("SPRB"). On August 16, 2004, the U.S. District Court for the District of Columbia rejected the FTC’s request to enjoin the acquisition pending an administrative hearing.1 Four days later, the U.S
United States
9 Mar 2005
United States v. Dairy Farmers of America - District Court Rejects Claim of Clayton Act Violation
In August 2004, the U.S. District Court for the Eastern District of Kentucky issued its opinion concerning the Department of Justice’s ("DOJ") suit against Dairy Farmers of America, Inc. ("DFA"). The DOJ filed a complaint in April 2003 against DFA seeking the divestiture of DFA’s interest in Southern Belle based on the argument that the acquisition violated Section 7 of the Clayton Act.
United States
1 Mar 2005
The Knotty Issue of Privilege in Competition Law in the EU and UK
Privilege in competition law in and within the EU has always been a complex matter, not least because the issue of defining how wide the scope of privilege is and to which document privilege attaches is in itself complex. In addition, a further layer of complexity is added by the different rules which apply to privilege at an EU level and at a national level for each of the 25 EU member states.
1 Mar 2005
The New Commitments Procedure: Compliance without Accepting Guilt
Council Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition in Articles 81 and 82 of the Treaty1 ("Regulation 1/2003") has revolutionized the enforcement of the EC competition law since its entry into force in May 2004. Regulation 1/2003 introduces major changes in the procedure governing the implementation of art. 81 and 82 of the EC Treaty ("ECT).
24 Feb 2005
The Scope Of The Relevant Geographic Market – Germany’s Federal Supreme Court Opens the Border
With its decision of 5 October 2004 the Bundesgerichtshof (Federal Supreme Court) of Germany (the "Court") has abandoned its decisional practice that the scope of a product market due to legal principles is geographically limited to the territory of Germany. In its decision the Court recognizes the concept of market definition based on economic principles and acknowledges that product markets may be transnational.
24 Feb 2005
Is This the Administration’s Second Term Antitrust Reform Agenda?
Early this year the head of the Antitrust Division of the U.S. Department of Justice wrote to the Congressionally-convened Antitrust Modernization Commission with suggestions for topics for the Commission to study. The letter is only three and a half pages long, but provides some revealing insights into the philosophy behind the Administration’s likely agenda for antitrust reform over the next four years.
United States
24 Feb 2005
U.S. v. Oracle Corporation - Three Lessons To Be Learned About Merger Review
On September 9, 2004, the United States District Court for the Northern District of California, Judge Vaughn Walker, issued its much anticipated opinion in the Department of Justice’s ("DOJ"), case against Oracle Corp.’s ("Oracle") attempted acquisition of PeopleSoft, Inc. ("PeopleSoft").
United States
22 Feb 2005
In re Union Oil Co. of California: A Setback for FTC’s Standard-Setting Enforcement Agenda
Federal Trade Commission Administrative Law Judge D. Michael Chappell rebuffed two of FTC Chairman Timothy Muris’ key antitrust initiatives last November, when he dismissed the FTC staff’s complaint against Union Oil Co. of California ("Unocal").
United States
14 May 2004
American Airlines: In Search of an Appropriate Measure of Cost for Predation
Predatory pricing, once dismissed as implausible and irrational, now is viewed by some as not only plausible, but profitable.
United States
8 Dec 2003
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