Antitrust and Trade Regulation Law Articles

The United States is, perhaps, one of the only countries in the world that receives more than 9 million visa applications annually, from citizens of all nationalities, who wish to do business, live, work, study or simply visit the country.

On 29 September 2009, China’s Ministry of Commerce (“MOFCOM”) published another decision from its fledgling Anti-Monopoly Bureau (“AMB”), this time concerning the acquisition of Wyeth by US drug heavy-weight, Pfizer. Approval was granted to the transaction, ahead of approval from the US Federal Trade Commission, Australian ACCC and the Canadian Competition authority.

Due to the great harms of tax havens, governments of all countries and international organizations pay high attention on the tax havens. At the same time when the developed countries attack the tax havens, China's new tax law enacted a series of new regulations against tax havens.

For any economy to grow or decline, investment policy is the chief determining factor. By 1990 Cameroon had been suffering under the yoke of economic crisis for nearly half a decade. It was becoming important to find a new paradise of economic prosperity. Law n° 90/071 to rectify ordinance n° 90/007 of 08/11/1990 on the Cameroon Investment Code was to provide the way forward.

Settlement of Investment Disputes

This article discusses the mandatory merger notification regime in Taiwan and covers threshold tests, filing procedures and answers to other frequently asked questions.

Protecting your rights as a buyer through specific performance

As part of the process of the enforcement of the Trade Promotion Agreement entered into between Peru and the United States of America, Legislative Decree 1092 of June 27th, 2008 and its Regulation (Supreme Decree No. 003-2009-EF) entered into force on February 1, 2009 approving Border Measures for the protection of copyrights or related rights and trademark rights.

Intellectual property Rights, i.e. property rights acquired from the Work of Art, are the fundamental human rights which are adhered strictly to the Author and which are vested in human being by birth. Wit this qualification however naturally it took its place in the Universal Declaration of Human Rights.

Today, the most significant studies oriented towards protection of Intellectual and Industrial Property Rights have been carried out under the heading “Combat Against Pirate”. Considering the fact that in general pirate music or motion picture materials, or pirate printed books could easily reach at the smallest districts all over Turkey, the phase attained in the combat against pirate can also be easily assessed.

From 1st of July 2009 there is a new Notary Taxes Tariff which amends the amount of the notary fees related with the transfer of the Titles. The base for calculation of the notary fees remains the amount of the purchase price.

Peru becomes a “Contracting State” of the Patent Cooperation Treaty (PCT).

A primer for those seeking to invest or conduct business in the nation of Afghanistan.

In accordance with the new Commercial Register Act all Bulgarian companies registered before enforcement of the Commercial Register Act (01. 01.08) should be re-registered under the terms of the new Commercial Register Act.

On 16 May 2008 Ukraine became the WTO&s 152 member. Ukraine started its accession negotiations in 1993. Ukraine ratified its accession package on 16 April 2008 which was the final step in the accession process before it could officially join the WTO.

Ukraine continues to maintain fees and licensing requirements and fees on certain imports. Ukraine imposes several duties and taxes on imported goods: customs/import tariffs, value added tax (VAT), and excise duties. Additionally, imports into Ukraine are subject to customs processing fees, a unified fee on vehicles crossing Ukraine's borders and port fees.

The system of cross-border stock-for-stock M & A was established for the first time through the implementation of "the Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors" (here after called "Provisions on Mergers and Acquisitions") enforced on 8th September 2006.

On 24 April 2009, China’s Ministry of Commerce (“MOFCOM”) published yet another controversial decision from its fledgling Anti-Monopoly Bureau (“AMB”) concerning the acquisition of British owned chemical producer, Lucite, by Mitsubishi Rayon. Approval was granted to the transaction, following approvals from every other competition bureau around the world, however that approval was made subject to some controversial conditions.

Foreign natural or legal persons are admitted by the Romanian law to hold shares in Romanian limited liability companies. There is no limitation as to the share capital with a foreign investor, either legal or natural person, can hold in a Romanian limited liability company. As such, a foreign investor can hold the total share capital of a Romanian limited liability company, it thus being the sole shareholder.

This article analyses the new Chinese Anti-Monopoly Law, and recent decisions in international M&A transactions under this law - including the Inev/Anheuser Busch transaction, the Coca Cola/Huiyuan transaction and the Mitsubishi Rayon/Lucite transaction. This article also suggests steps that can be taken to maximise chances of approval being obtained from the Chinese Anti-Monopoly Bureau in M&A transactions requiring approval.

The development of the law, legal events and time have been complimentary for centuries. Every standard law will require updating after the occurence of influential events especially comparative global trends in corporate law and practices. One of such laws is the Nigerian Companies and Allied Matters Act 1990 which remains the most single significant corporate law in Nigeria. Some of the required updating are new business laws, new corporate regulatory practices, corporate ethics, etc...

Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received. According to Professor RM Goode, describes it as “the most successful harmonising measure in the history of international commerce."

A transaction on acquisition of participatory interest or shares in charter capital of legal entities concluded without consents and approvals required by the Kazakhstani legislation may be acknowledged invalid by court at the suit of interested parties.

The FTA commits Peru to the signing the Trademark Law Treaty (TLT) and the International Union for the Protection of New Varieties of Plants (UPOV) of 1991, among other obligations.

The aim of the article is to provide an overview of the competition law rules, which, though to a limited extent, allow the competitors to exchange information on their clients, who have materially delayed payments.

Nigerian Government may debt finance and/or equity finance its 2009 joint venture cash call obligations.

Commercial arbitration has become a major attraction in international transactions owing to its speed and effectiveness in resolving commercial disputes. Having obtained the award however, the successful party would have to enforce the award against his adversary.

Nigerian Stock Exchange (NSE) and the Securities and Exchange Commission (SEC) Release Criteria for Licensing Market Makers in Nigeria

The Sherman Anti-Trust Act is the fundamental basis of American antitrust legislation. While later laws would expand upon the definition and enforcement of antitrust as a legal concept, the Sherman Act has been the foundation of antitrust law for over one hundred years in the United States.

This article discusses three major antitrust cases - AT&T, Kodak & Standard Oil - and the effects they had on US antitrust regulation.

Today, as many in the global market are aware, China is becoming the land of opportunity. China's strong and steady growth, proven by many years of continual GDP increases, seemed unstoppable. Economic growth led to an increase in personal incomes, especially in larger cities. The emergence of a large middle class, often consisting of well-educated professionals, added to the consumer demand for globally recognized, quality products.

Since reform and opening up of China thirty years ago, a large amount of foreign investments has rushed into this country. Not only continuous heated economy does it produce, but also many new words does it bring to China.

The following is a case review. Sanyuan Group Ltd (“Sanyuan”) which was a listed company on the Hong Kong Stock Exchange (“HKSE”) and together with its subsidiaries (the “Group”) were previously engaged in transportation, property investment and pharmaceutical/health care businesses.

The following is the procedure that is necessary for setting up of a wholly foreign owned trading company in Shanghai.

A new way of completing international service of Process in Europe to heal the defects of the Hague Convention and service by private agent. It's a 3 in 1 service.

In the Sudan, a company having share capital may be incorporated as a private limited liability company or a public limited liability company. In the Sudan companies are incorporated under the Companies Act of 1925 as amended from time to time.

Higher levels of investment and productivity are key elements to stirring growth in the Sudan as a developing country and raise living standards. Attracting investment is a competitive exercise which requires stable, sound macroeconomic policies where risk environment is highly low.

The Anti-Monopoly Law (the “Law”) of the People’s Republic of China (“PRC”) came into effect on 1 August 2008. Two days later, the State Council promulgated the “Regulations of Filing Standards for Concentrations of Operators” (the “Regulations”) to provide the thresholds above which operators must report business concentration to the Anti-Monopoly Bureau of the Ministry of Commerce (the “MOFCOM”).

Central Bank of Nigeria and Foreign Ownership of Nigerian Banks

On Dec. 3rd, 2008, the Coca-Cola company formally submitted an application to the Ministry of Commerce for its acquisition of the juice maker Huiyuan Juice Group, which became the first case after the Anti-Monopoly Law (AML) enacted on Aug. 1st, 2008.

The liberalization of the oil & gas sectors of the Nigerian economy and increased global demand for crude oil have combined to make Nigeria a key player in the global oil market. However, for decades, Nigeria’s oil and gas sectors have been dominated by foreign multinational entities with large expatriate workers deployed in both on-shore and offshore locations in the country.

Franchising, the fast-spreading business model originating from the USA, which has become popular in the USA, Japan and EU, has also established and gained its solid footing in China. Until May 2007, there have been 2,600 franchising systems in China, covering more than 60 branches of industry, and the total franchise outlets amount to 200,000.

Dramatic changes took place in the communication laws and regulations of the main liberalised electronic communications markets in the recent years in response to rapid technological advancements and marketplace changes in the communications sector. The general trend in the aforesaid regulatory changes is a movement away from sector specific regulation towards relying on competition law in order to facilitate a more innovation and economic-driven communication market.

Alex Bomberg of International Intelligence Limited reveals how firms should guard against their companies falling foul of future litigation via straight forward basic due diligence.

Almost anything is technically possible in espionage when you are dealing with multi-billion pound litigation cases, mergers and accusations or intellectual property rights.

A look at the current campaign election finance laws and current campaign contribution limits for the 2008 Presidential Election. The amounts that can be contributed to election campaigns have become even more important as the outcome of this election has become crucial to solving the current economic crisis.

The author has prepared these draft forms for use in TARP, the $700 billion Troubled Asset Relief Program. While the forms may need some tweaking, in this humorous article the author provides draft forms not just for TARP 1, but also for TARP 2 when financial institutions need to request additional funds.

This legal author discusses the $700 Billion Bailout Plan, the Troubled Asset Relief Program (TARP) and what it means for federal regulations lawyers who will be called to interpret the law and the truckloads of new regulations that will likely follow. After years of deregulation in the U.S. and internationally, one thing is certain in these uncertain times. There are going to be a great deal more regulations put on the financial and other industries.

This article shows the dangers of deceptive television advertising. In this fictional conversation between a client and an attorney, the author shows how the constant barrage of television advertisements for products that seem too good to be true are making some people think they too should stretch the envelope. This article shows why advertisers need to be truthful in their adverising.

A comparison of joint ventures and political running mates finds that it is usually the economic conditions that makes them work or not.

This article discusses how the new law passed in California requiring restaurants to post caloric information will affect restaurants throughout California including the Palm Springs, Palm Desert Coachella Valley, San Diego and Orange County. The author describes what some restaurants are doing already to implement this new law in California and similar laws being passed in other states.

This article notes the changes to the world's financial system that are likely as a result of the global financial crisis. The author describes the concerns of the European Union with the U.S. and the effect America's mortgage meltdown is having on the countries in Europe.

In the last days of September 2008 and in an effort to address the turmoil in the global financial markets, the National Bank of Ukraine amended its Regulation No. 363 establishing interest rate limitations for foreign loans provided to Ukrainian residents which was in place since August 2004.

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a “choice of law” provision. The failure to include such a clause may result in unexpected problems to both parties, especially in the context of debt collection.

Moral Rights are representative of Social Values in respect of the protection of trademarks, which has either been registered or un-registered. They are based on a conviction that a trademark is something more than an effort to be individual revenue. The trademark is a special relationship between the trademark owner and the use of a trademark by the owner.

This article outlines how the China Securities Regulatory Commission (“CSRC”) relaxed China’s restrictions on foreign participation in securities companies.

Since 1999 Nigeria has experienced a profound level of structural, political and economic changes that have made it one of the emerging markets in Africa. Nigeria has evolved to the point where there are excellent investment opportunities in multiple asset classes, including public equities, debt, and private equity.

There is a vital difference between a trademark and geographical indication. A trademark is a sign used by an enterprise to distinguish its goods and services from those of other enterprises. It gives its owner the right to exclude others from using the trademark. A trademark will often consist of a fanciful or arbitrary name or device.

Due to the fact that China has become the world's leading manufacturing base, this article highlights the need for foreign companies to carefully select and monitor their OEM suppliers in China.

China has undergone rapid development in the past two decades due to the opening of its market and its recent succession into the WTO. This article discusses the rules and regulations for foreign franchisors establishing and operating in China.

The Spanish competition policy has been reformed by Law 15/2007, dated 3 July, and further developed by Royal Decree 261/2008, dated 22 February, in order to adapt it to EU Competency regulations, to strengthen the existing mechanisms, and to provide it with the instruments and the optimum institutional structure to ensure effective competition in the markets.

We briefly analyze the insolvency proceedings available to both companies and individuals in Argentina.

The Free Zones, ruled in our positive law by the Law Nº 15921, are fenced areas of the national territory taken away from the Customs jurisdiction in which the merchandise that comes from foreign countries may enter without payment of duties and leave the country in the same way that they have entered, or after a process of production.

On July 10, 2007, the Uruguayan Senate approved the new Antitrust Act. It was later regulated by Decree Nº 404/007 of October 29, 2007. The purpose of the law is to promote and regulate competition in favor of consumers and users’ welfare, fostering economic effectiveness and equality for accessing markets.

Tourism investments in Uruguay, South America, has increased in the last years. This industry is increasing its participation, year after year, in the GDP of the country. Uruguay is regionally famous specially for the hundred of kilometres of beaches in its coast and the interest shown by international hotel chains to have presence in the country, especially in Montevideo, the well known beach resort Punta del Este and Colonia, close to Buenos Aires.

The in-transit merchandise, if it is a counterfeit, shall and may be seized since, as it is in Uruguayan territory, law 17011 is applicable. The jurisprudence also shows that this position has been widely accepted by our Criminal Judges.

“Phrase”, according to the Spanish Language Dictionary, is the “group of words that are enough to make sense even when it does not constitute a formal sentence”. “Advertising Phrase” or “Slogan” is a phrase that is used to advertise or promote a product, a service, a political candidate, an organisation, etc.

In NY state, construction workers in the “trades” (carpenters, plumbers, electricians, steel workers, steamfitters, laborers, masons, painters, and every other trade) are protected under the “safe place to work” laws.

Taxation in the Dominican Republic is governed by Law No. 11-92 of May 31, 1992, commonly known as the Tax Code (“Código Tributario”), its amendments and regulations (“Reglamentos”). This overview is a brief summary of the Tax Code’s most relevant provisions. All references in parentheses refer to articles in the Tax Code unless otherwise specified.

The Intellectual Property Act No. 36 of 2003 which came into effect on the 12th November 2003 and regulations under section 204 of the Act published in Government Gazette no. 1445/10 of 17th May 2006 replaced the Code of Intellectual Property Act No. 52 of 1979.

The basic prerequisites for the approval of applications by non-EU nationals wishing to undertake a direct investment in Cyprus are highlighted by a recent circular by the Cyprus Central Bank, elaborating on the provisions contained in article 10 of the Capital Movement Law 115(I)2003.

The most common business entity in the Dominican Republic is the corporation, locally called “Sociedad Anónima” (S.A.) or “Compañía por Acciones” (C. por A.). As corporations in other countries, Dominican corporations are legal persons which exist independently of its shareholders. Likewise, the liability of the shareholders is limited to the amount of their contribution to the corporation.