HG.org Legal Resources

Antitrust and Trade Regulation Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Antitrust and Trade Regulation.


Health Claims in Relation to Mineral Water Need to Comply with the Health Claims Regulation in Germany

  April 12, 2017     By GRP Rainer LLP
Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof...

Trade Mark Registration in Romania

  April 12, 2017     By Hammond, Minciu and Associates
The registration of a trademark in Romania involves several steps and procedures which must be closely observed. The Trade Mark registration can...

EU Cartel Authorities Examining Possible E-commerce Competition Violations

  April 7, 2017     By GRP Rainer LLP
The European Union’s cartel authorities are targeting e-commerce more aggressively and are carrying out three investigations looking into...

Why Is Antitrust Compliance Counseling and Training so Important for Companies?

  April 3, 2017     By Bona Law PC
If, like me, you have ever spoken to someone that faces criminal indictment by a federal grand jury following a Justice Department antitrust...

Germany Imposes Fines for Illegal Price Fixing

  March 23, 2017     By GRP Rainer LLP
Manufacturers are allowed to make non-binding price recommendation, but they cannot issue merchants with price specifications. Otherwise, they...

Antitrust Authority in Israel Continues Its Trend of Stricter Punishment

  March 15, 2017     By Barnea & Co. Law Offices
The Israel Antitrust Authority (‘’IAA’’) has announced its intention to impose a financial sanction in the sum of NIS 25,640,000 on Bitan Wines,...

China to Amend Its Law Against Unfair Competition

  March 10, 2017     By MMLC Group
The PRC Law Against Unfair Competition has been a valuable tool in fighting unfair business practices, including acting against passing off and...

Digital Incorporation of Companies in Kenya

  March 9, 2017     By Ameli Inyangu & Partners
You can now incorporate your company in Kenya online using the Attorney General's portal in eCitizen.

Exclusive Dealing Under the U.S. Antitrust Laws

  March 8, 2017     By Bona Law PC
Are you unable to compete for certain customers because those customers are bound by exclusive-dealing agreements with your competitors? Or are...

Are My Products Subject to Anti-Dumping/Countervailing Duties?

  March 6, 2017     By Torres Law, PLLC
Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties...

The Term “Centre” Potentially Misleading in Germany

  March 1, 2017     By GRP Rainer LLP
A ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] shows that difficulties can arise if there is a desire at...

What Are the Elements for a Monopolization Claim under the Federal Antitrust Laws?

  March 1, 2017     By Bona Law PC
Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter the territory of the Sherman...

Foreign Corporations in Israel also Have No Immunity

  February 23, 2017     By Barnea & Co. Law Offices
The purpose of the Israeli Restrictive Trade Practices Law is to encourage and maintain competition in the country. The law does not explicitly...

A Brand New Law On Movable Pledge Especially For SMEs To Enjoy - Turkey

  February 22, 2017     By Serap Zuvin Law Offices
Recently, on January 1, 2017, the Law on Movable Pledge in Commercial Transactions[1] (“Law”) entered into force and prevailed the Law on...

What is the Biggest Mistake that District Courts Make in Antitrust Cases?

This articles describes how federal trial courts sometimes confuse the pleading standards for antitrust cases.

Eye-catching Advertising in Germany Featuring Misleading Guarantee Promises

Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers....

Enforcing Truck Cartel Antitrust Claims in Germany

Parties that have suffered loss as a result of the truck cartel are entitled to compensation.

Truck Cartel: Be Mindful of Statute of Limitations for Damages Claims in Germany and the EU

The parties to the truck cartel illegally fixed prices, among other things, over a period of 14 years. Those who have suffered because of the...

Simplifying of Contracting Pprocedures for Services Exporters in Ukraine

From January 2017 the procedure of agreement conclusion will be simplified for services exporters.

If It Says Raspberry on the Outside, It Should Also Be Raspberry on the Inside – Misleading Consumers in Germany

Food products which give the impression that they contain ingredients when this is not in fact the case are misleading to consumers. That was...

The U.S. Supreme Court Clarifies the Definition of Insider Trading – A Big Win for Prosecutors

For the first time since 1983 when the Supreme Court issued its decision in Dirks v. SEC, the Supreme Court yesterday clarified what “personal...

The Name of a Beer Is Not Automatically an Indication of Geographical Origin in Germany

A lot of breweries name their beer after the location where it is brewed. As demonstrated by a ruling of the Oberlandesgericht (OLG) München...

Bundeskartellamt in Germany Imposes Fines Totaling Millions of Euros Against Television Studios

The Bundeskartellamt, Germany’s federal cartel office, has imposed a fine amounting to millions of euros against three television studios for...

Misleading Advertising in Germany Featuring Teaser Offers

Anyone who denotes goods as available for delivery despite the fact that they are sold out is violating competition law. This comes from a...

Redeeming Competitors’ Discount Vouchers not a Violation of Competition Law in Germany

The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, has ruled that if a company redeems competitor’s discount vouchers this is...

Know your Client - Romanian Corporate Governance

KYC or know your client seems to be a mantra repeated by many institutions these days, whether is it from banks of financial authorities the...

Turkey’s Civil Offset Enthusiasm

Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article...

Record Fine For Truck Cartel – Enforcing Damages Claims in EU and Germany

Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages...

The Necessity and Some Problematic Aspects of the Choice of Law Clauses for International Transactions

In their day by day practice business entities very often conclude transactions that have cross border nature for example a company may conclude...

OLG Köln, Germany: Advertising Risks And Side Effects of Pharmaceuticals

As demonstrated by a ruling of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side...

Germany's Cartel Office Imposes High Fines in Response to Illegal Agreements

Infringements of competition law or antitrust law can prove to be costly for businesses. That much is clear from the annual report for 2015 that...

LG Hamburg: Misleading Advertising for Cigarettes in Germany

The property “mild” can only refer to the taste when it comes to tobacco advertising. According to a ruling of the Landgericht (LG) Hamburg...

Misleading Advertising Through Use of a Manufacturer’s Logo in Germany

If a car dealership advertises with a manufacturer’s logo without being an authorized dealer, this may constitute misleading advertising...

Music May Be Less Widely Available in the Future. Here's Why.

The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and...

Cartel Office Ensures Greater Competition in Rail Sector in Germany

The German railway company Deutsche Bahn must allow for more competition. The Bundeskartellamt, Germany’s Federal Cartel Office, found that the...

Alcohol, Language, and the Law

Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but...

LG Magdeburg: German Consumers Misled by False Indication of Origin

If certificates or marks of origin are used for promotional purposes but the products are produced elsewhere, this may constitute an...

Illegal Price-Fixing Agreements For Beer: Bundeskartellamt Imposes High Fines in Germany

The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totalling 242 million euros due to illegal price-fixing agreements...

6 Most Frequently Asked Questions about Canada’s Economic Sanctions Against Iran

  By LexSage
On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were...

Bundeskartellamt Imposes Fines Against Cartel in Sanitary Sector in Germany

At the end of March, the Bundeskartellamt, Germany’s Federal Cartel Office, imposed fines amounting to around 21 million euros against the...

OLG Koblenz: Misleading Advertising Concerning Pharmaceuticals in Germany

Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was...

European Competition Authorities Take Aim at Internet Giant

The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The...

Innovations of Ukrainian Law on Protection of Minority Owners of Corporate Rights

The Law of Ukraine "On amendments to some legislative acts of Ukraine on the protection of investors" included a norm of judicial consideration...

Declaration of Discontinuance Tied to a Condition Subject to Strict Requirements in Germany

Declarations of discontinuance are a possible consequence of violations of competition law. They can be tied to a condition, but for this to...

Protecting Consumer Rights in Bangladesh

Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like...

Restrictive Agreements Permissible under Certain Circumstances in Germany

It is possible under certain circumstances according to German and European antitrust law for agreements restricting competition to be...

World Bank Group v. Wallace: International Organizations' Immunities and the Fight Against Corruption

Was this a great victory or a near miss? Much has been written about the recent Supreme Court of Canada (SCC) judgment World Bank Group v....

Business Acquisition by Foreign in Ukraine: Basic Errors

Business acquisition is a complex and long process that can confound even the most experienced businesspersons, because different business...

Vegan Cheese Cannot be Marketed as Cheese in Germany

“Vegan” on the outside means it’s not cheese on the inside. That was the verdict of the Landgericht Trier (Regional Court of Trier) in its...

SEC Halts Ash Narayan from Defrauding RGT Clients

The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including...

The Newest Changes in the Polish Competition Law Have Entered into Force Mid-April 2016

The focus of said novelization lies on the protection of consumers, and its aim is to strengthen consumers’ position in their relations with the...

Consumer Credit Advertisements in Poland

Since the worldwide economy crisis of 2008, we are living in the time of rising distrust towards banks and similar financial institutions. Banks...

Bundeskartellamt Investigates Ticket Allocation in Germany for Euro 2016

The allocation of tickets for the UEFA European Championship in France has triggered the involvement of the Bundeskartellamt, Germany’s Federal...

BGH on Advertising Without Option to Order

The Bundesgerichtshof (BGH), Germany’s Federal Constitutional Court, has ruled that advertising for textiles need not mention their composition...

Double Tax Treaty between Cyprus and Latvia signed

The Republic of Cyprus and the Government of the Republic of Latvia signed in Brussels, on 24 May 2016, a Treaty for the Avoidance of Double...

EGC: Advertising Featuring Positive Properties of Dextrose Misleading in the EU

In its ruling of March 16, 2016, the General Court of the European Union (EGC) confirmed that advertising for dextrose featuring health claims...

Competition Law in Germany: Deceptive Packaging is Misleading

Large packaging but little in the way of contents. The OLG Hamburg (Higher Regional Court of Hamburg) has ruled that this kind of misleading...

New Customs Code of the European Union

The Customs Code establishes the general rules and procedures applicable to goods brought into or out on the customs territory of the Union and...

Unfair Advertising: Health Claims Concerning Foods in Germany

Health claims pertaining to foods have to satisfy strict requirements if they are to avoid infringing competition law. That was the verdict of...

OLG Koblenz on Misleading Advertising

Companies promoting their products need to ensure that consumers have a realistic opportunity to purchase them. That was the verdict of the OLG...

Comparative Advertising Featuring Third-Party Trademark May Be Permissible in Germany

The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the...

Unfair Competition in California

California Law protects trade secrets, while restricting deceptive advertising and price manipulation. California is home to some of the...

Germany's Rail Cartel: Bundeskartellamt Imposes Fine Running Into Millions of Euros

Germany’s Federal Cartel Office, the Bundeskartellamt, has brought a close to the so-called “Schienenfall” (rail case) and imposed a fine...

Merger Controls Under Chinese Law

  By MMLC Group
Merger control, as a mechanism to prevent anti-competitive activity or transactions, refers to the review of mergers and acquisitions under...

Safe Harbour Provisions in China’s Intellectual Property Guidelines

  By MMLC Group
China’s Anti-Monopoly Law of the People’s Republic of China principally seeks to prohibit practices restricting free trading and competition...

Are Resale Price Maintenance Agreements Legal Under the Antitrust Laws?

The legality of resale price maintenance agreements under US antitrust law.

Do I Have a Lanham Claim Against My Competitor for False Advertising?

The elements that a party must prove to prevail on a Lanham Act Claim for False Advertising.

Why Writing Fake Good Reviews to Boost Your Business May Be Illegal

  By HG.org
National studies have found that many consumers check online reviews before making a purchase. Additionally, many consumers directly cite such...

How to Legally Fight Businesses that Are Posting Fake Good Reviews on the Internet

  By HG.org
Recognizing the power of first-hand user experiences, some businesses flood review sites with positive reviews about their product or service by...

The Colgate Doctrine and Other Alternatives to Resale-Price-Maintenance Agreements

Resale-price-maintenance agreements (or vertical price-fixing) are still illegal under the law of certain states. This article discusses...

Transitioning Broker Alert - FINRA Adopts New Comp Disclosure Rule

The Securities and Exchange Commission approved last week a new rule proposed by FINRA, the Financial Industry Regulatory Authority, which...

Bundeskartellamt Commences Proceedings Against Internet Company in Germany

On March 2, the Bundeskartellamt (Germany’s Federal Cartel Office) commenced proceedings against an internet giant. According to the Federal...

UK Competition Law Compliance Checklist

A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can...

A Short Guide to Agency Agreements in the UK and Europe

A very brief look at some of the headline issues involved when entering into Agency Agreements – both for trade within the UK and within Europe.

Distant Trade in Ukraine of Non-resident Companies: Features of Tax Regulation

Remote trading in Ukraine is developing rapidly, created favorable conditions, therefore it would be reasonable it would be prudent for many...

FINRA Investigations Under Rule 8210

It is every registered person’s nightmare. You receive a letter from a FINRA office notifying you that you are the subject of a FINRA...

Draft Guidelines on Cartel Leniency in China

  By MMLC Group
In February 2016, the National Development and Reform Commission (NDRC)released the Draft Guidelines on Application of Leniency to Horizontal...

LG Frankfurt Prohibits Taxi Broker’s Discount Promotion

Promotional discounts can give rise to unfair predatory competition and infringe competition law. The Landgericht Frankfurt (Regional Court of...

Extending Discount Promotion an Infringement of Competition Law in Germany

According to a judgment of the LG Hamburg (Regional Court of Hamburg), extending fixed-term promotional discounts for no particular reason...

German Kartellamt Prohibits Best-Price Clause on Hotel Reservation Portals

The Bundeskartellamt (German Federal Cartel Office) has prohibited a hotel reservation portal from using so-called “narrow” best-price clauses,...

Legal Aspects of Marketing of Organic Products in Ukraine

The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic...

Bundeskartellamt has Audio Books in its Sights in Germany

Audio books have attracted the attention of the Bundeskartellamt (German Federal Cartel Office). The competition watchdog is investigating...

Restrictions for Imported Products by Establishing a Register for Eligible Factories in Egypt

The Ministry of Commerce and Industry issued a decision to establish a register at the General Authority for Control on Exports and Imports for...

Established National Business Center in Albania

Starting from December 29th, 2015 functions of National Registration Center and National Licensing Center in Albania shall be unified in one...

Anti-Counterfeiting Measures in Uzbekistan in the Absence of Customs Recordation

Foreign manufacturers and brand owners as well as Uzbekistan-based official or exclusive importers of branded goods are facing pressing...

How Overseas Buyers Claim for Quality Responsibility against China Sellers?

For overseas buyers it is very important to inspect goods after delivery. The inspection should prompt and contribute to official report. With...

Competition Commission of India Issues Guidelines on Competition Impact Assessment for Upcoming Legislations

The Competition Commission of India (‘CCI’), has recently issued the Competition Commission of India (Competition Assessment of Legislations and...

The Conflict in Licensing between Intellectual Property Rights and the Antitrust Regime

  By MMLC Group
How China is regulating competition law aspects of intellectual property licensing.

Supplements to the Sale of Products in the Light of Unfair Competition Rules in Bulgaria

Art. 36 of the Bulgarian Protection of Competition Act (PCA) is titled “unfair soliciting of clients”. It is a part of the unfair competition...

The Concept of ‘Advertising’ and Unfair Competition Rules in Bulgaria

The Concept of ‘Advertising’ and Unfair Competition Rules in Bulgaria

Changes in Advertising Law of Russia

Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015....

China's NDRC to Issue Price-Focused Competition Rules Involving IP Transactions

  By MMLC Group
Looking at the recent SAIC competition law guidelines regarding IP transactions, and predicting what the NDRC is likely to refer to when it...

Singapore The Island Nation with Global Significance

Singapore is a hub for international arbitration. Learn more about the city-state and what to do to prepare for an upcoming arbitration.

Issues in Competition Law and Franchise Agreements in Australia

  By MMLC Group
This article looks at Australian competition law issues, as applied to franchise agreements, including plans to extend unfair contract terms...

Overview of Cyprus Merger Control Rules

The Cypriot regime governing the control of concentrations is often surprising for foreign businesses and their counsel, due to the relatively...

China Releases Notice Regulating Intellectual Property Rights from a Competition Law Perspective

  By MMLC Group
The State Administration for Industry and Commerce (“SAIC”) issued the finalized Provisions on Prohibiting the Abuse of Intellectual Property...

Spotlight: Concerns about Constitutionality of Turkey’s New IP/O Regime in Civil Industrial Sectors

On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of...

Parallel Import to be Legalized in Russia in 2015 - Antitrust Risks

Parallel import allows import of goods not only by their owner or dealer, but also by any importer.

Turkey’s Civil Offset/Industrial Participation Enthusiasm

Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article...

Draft Law on Shopping Malls in Turkey

Turkey has been becoming a “shopping mall heaven” ever since 1988 which is the time that the first shopping mall was built in Turkey.


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