Antitrust and Trade Regulation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Antitrust and Trade Regulation.
January 25, 2017 By Bona Law PC
This articles describes how federal trial courts sometimes confuse the pleading standards for antitrust cases.
January 25, 2017 By GRP Rainer LLP
Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers. That was the verdict of the Landgericht (LG) Frankfurt [Regional Court of Frankfurt].
January 20, 2017 By GRP Rainer LLP
Parties that have suffered loss as a result of the truck cartel are entitled to compensation.
January 4, 2017 By GRP Rainer LLP
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 cartel can assert claims for damages.
December 27, 2016 By Aleksey Pukha & Partners
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
December 23, 2016 By GRP Rainer LLP
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 verdict of the Landgericht (LG) Amberg [Regional Court of Amberg] (Az.: 41 HKO 497/16).
December 8, 2016 By Shustak Reynolds & Partners, PC
For the first time since 1983 when the Supreme Court issued its decision in Dirks v. SEC, the Supreme Court yesterday clarified what “personal benefit” the tipper of non-public, inside information must receive from the tippee to sustain a conviction against the tippee who trades on that inside information.
A lot of breweries name their beer after the location where it is brewed. As demonstrated by a ruling of the Oberlandesgericht (OLG) München [Higher Regional Court of Munich], the name is not always an indication of geographical origin as well.
The Bundeskartellamt, Germany’s federal cartel office, has imposed a fine amounting to millions of euros against three television studios for unlawfully exchanging important information. It could not be proven that illegal agreements existed
Anyone who denotes goods as available for delivery despite the fact that they are sold out is violating competition law. This comes from a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm] (4 U 69/15).
The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, has ruled that if a company redeems competitor’s discount vouchers this is generally not considered to be unfair and does not constitute a violation of competition law (Az.: I ZR 137/15).
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 mantra KYC is repeated.
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” has been published on The Economist’s 25 May 2013 dated issue.
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 claims brought by clients follow.
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 a contract with the entities from deferent country and even from different legal system. In this context, the important issue that need to be considered is which law would be applicable to the contract concluded between such entities.
As demonstrated by a ruling of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side effects need to be taken into account not only in relation to medications but also advertising for pharmaceuticals (Az.: 6 U 151/15).
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 was recently published by the Bundeskartellamt, Germany’s Federal Cartel Office.
The property “mild” can only refer to the taste when it comes to tobacco advertising. According to a ruling of the Landgericht (LG) Hamburg [Regional Court of Hamburg], the advertising might otherwise be deemed misleading to consumers.
If a car dealership advertises with a manufacturer’s logo without being an authorized dealer, this may constitute misleading advertising vis-à-vis consumers and violate competition law.
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
The German railway company Deutsche Bahn must allow for more competition. The Bundeskartellamt, Germany’s Federal Cartel Office, found that the company had abused its dominant market position with respect to the sale of rail tickets.
Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but also the meanings of words like "craft" and "handmade." The outcome of some of these suits may have wider implications, impacting how certain beverages are labeled.
If certificates or marks of origin are used for promotional purposes but the products are produced elsewhere, this may constitute an infringement of competition law. That was the verdict of the Landgericht (LG) Magdeburg [Regional Court of Magdeburg].
The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totalling 242 million euros due to illegal price-fixing agreements between manufacturers and trading companies.
On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada Border Services Agency issued Customs Notice 16-05 “Amendments to Iran Sanctions as of February 5, 2016”.
At the end of March, the Bundeskartellamt, Germany’s Federal Cartel Office, imposed fines amounting to around 21 million euros against the so-called “Sanitär-Kartell” (cartel in the sanitary sector) on account of anti-competitive agreements.
Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was the verdict of the Oberlandesgericht Koblenz (OLG) [Higher Regional Court of Koblenz].
The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The latter is said to have potentially abused its dominant market position.
The Law of Ukraine "On amendments to some legislative acts of Ukraine on the protection of investors" included a norm of judicial consideration of disputes between business entity and its official by the economic courts to the Economic Code of Ukraine, even after his official powers have been terminated.
Declarations of discontinuance are a possible consequence of violations of competition law. They can be tied to a condition, but for this to happen strict requirements need to be met.
Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like Bangladesh, with a rapidly growing consumer-base, protection measures for consumers are of paramount importance. This has now necessitated giving high priority for the protection of the consumers and promotion of a responsible consumer movement in Bangladesh.
It is possible under certain circumstances according to German and European antitrust law for agreements restricting competition to be permissible if they have a positive impact on the market.
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. Wallace. Advocates of whistleblower rights and the anti-corruption community have declared this decision a clear stance in favour of whistleblower protection and a big win in the fight against corruption. A further review of the decision and the context in which the SCC was asked to rule reveals a far more nuanced result.
Business acquisition is a complex and long process that can confound even the most experienced businesspersons, because different business aspects, legal aspects, and human factors are important. This article will show you basic errors.
The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including Ash Narayan, formerly of RGT Wealth Advisors, who, the SEC alleges, siphoned millions of dollars from the accounts he managed at RGT for professional athletes and others while he was the manager of RGT Wealth Advisor’s Orange County, California office.
“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 ruling of March 24, 2016 (7 HK O 41/15).
The focus of said novelization lies on the protection of consumers, and its aim is to strengthen consumers’ position in their relations with the entrepreneurs by giving the customers more tools to secure their interests. Below are the most important of the recent changes.
Since the worldwide economy crisis of 2008, we are living in the time of rising distrust towards banks and similar financial institutions. Banks have never been so closely and attentively observed, not only by the government and numerous non-governmental organizations specializing in consumer protection but also by consumers themselves. That is why it’s in the bank’s best interest to know and follow the regulations pertaining different forms of bank’s activities.
The allocation of tickets for the UEFA European Championship in France has triggered the involvement of the Bundeskartellamt, Germany’s Federal Cartel Office. On March 22, 2016, it confirmed that it had instituted proceedings on account of exploitative abuse.
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 Taxation on Income (‘DTT’).
The Bundesgerichtshof (BGH), Germany’s Federal Constitutional Court, has ruled that advertising for textiles need not mention their composition if the promotional brochure does not offer the opportunity to order.
In its ruling of March 16, 2016, the General Court of the European Union (EGC) confirmed that advertising for dextrose featuring health claims is not permissible (Az.: T-100/15).
Large packaging but little in the way of contents. The OLG Hamburg (Higher Regional Court of Hamburg) has ruled that this kind of misleading packaging sizes may infringe competition law (Az.: 3 U 20715).
The Customs Code establishes the general rules and procedures applicable to goods brought into or out on the customs territory of the Union and is applied uniformly throughout the Union. Starting in June 2016 will enter into force the provisions regarding the use of electronic data processing techniques for all exchanges of information (statements, requests, decisions) between customs authorities and economic operators, as well as the methods of their storage;
Health claims pertaining to foods have to satisfy strict requirements if they are to avoid infringing competition law. That was the verdict of the Landgericht Rostock (Regional Court of Rostock) in a recent ruling.
Companies promoting their products need to ensure that consumers have a realistic opportunity to purchase them. That was the verdict of the OLG Koblenz (Higher Regional Court of Koblenz) in a recent ruling.
The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the decision of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice (Az.: I ZR 167/13).
California Law protects trade secrets, while restricting deceptive advertising and price manipulation. California is home to some of the strictest unfair competition laws in the United States. Governed by Section 17200 of the Business and Professions Law, and in conjunction with other state and federal laws, California works to eliminate unfair competition, and establish a fair and even playing field for business competition.
Germany’s Federal Cartel Office, the Bundeskartellamt, has brought a close to the so-called “Schienenfall” (rail case) and imposed a fine amounting to millions of euros on a rail company for illegal price-fixing agreements.
Merger control, as a mechanism to prevent anti-competitive activity or transactions, refers to the review of mergers and acquisitions under antitrust law. The majority of merger control regimes are based on the general principle to prevent the creation of dominant positions that might result in a substantial impediment to competition.
China’s Anti-Monopoly Law of the People’s Republic of China principally seeks to prohibit practices restricting free trading and competition between businesses; abusive behavior by a dominant market player or anti-competitive practices leading to such dominant positions; and supervises mergers and acquisitions of large corporations, including joint ventures.
The legality of resale price maintenance agreements under US antitrust law.
The elements that a party must prove to prevail on a Lanham Act Claim for False Advertising.
National studies have found that many consumers check online reviews before making a purchase. Additionally, many consumers directly cite such reviews for the reason why they chose a particular product. Hoping to tap into the upside of this strategy, some businesses encourage consumers to post positive reviews.
Recognizing the power of first-hand user experiences, some businesses flood review sites with positive reviews about their product or service by paying writers to manufacture this content. Rather than reading a real review by someone who has actually used the product or service, the consumer is duped by someone who has no contact with the product or service other than a paycheck.
Resale-price-maintenance agreements (or vertical price-fixing) are still illegal under the law of certain states. This article discusses alternatives to resale-price maintenance agreements that are less likely to violate the antitrust laws.
The Securities and Exchange Commission approved last week a new rule proposed by FINRA, the Financial Industry Regulatory Authority, which requires brokers departing one broker dealer for another, to send “educational information” to clients about their move to another firm and the financial compensation and incentives they will receive from the new firm for making the move.
On March 2, the Bundeskartellamt (Germany’s Federal Cartel Office) commenced proceedings against an internet giant. According to the Federal Cartel Office, there is reason to suspect that the company has abused its dominant market position
A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.
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.
Remote trading in Ukraine is developing rapidly, created favorable conditions, therefore it would be reasonable it would be prudent for many companies of distant trade - non-residents to consider the Ukrainian market as one of the high-potential.
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 investigation.
In February 2016, the National Development and Reform Commission (NDRC)released the Draft Guidelines on Application of Leniency to Horizontal Monopoly Agreements(the “Draft Guidelines”) seeking public comments due February 22, 2016.
Promotional discounts can give rise to unfair predatory competition and infringe competition law. The Landgericht Frankfurt (Regional Court of Frankfurt) prohibited a promotional discount from the provider of a taxi app for this very reason.
According to a judgment of the LG Hamburg (Regional Court of Hamburg), extending fixed-term promotional discounts for no particular reason constitutes an infringement of competition law.
The Bundeskartellamt (German Federal Cartel Office) has prohibited a hotel reservation portal from using so-called “narrow” best-price clauses, arguing that they restrict competition.
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.
Audio books have attracted the attention of the Bundeskartellamt (German Federal Cartel Office). The competition watchdog is investigating whether an online mail order company and a manufacturer of consumer electronics are acting contrary to competition law.
The Ministry of Commerce and Industry issued a decision to establish a register at the General Authority for Control on Exports and Imports for the eligible factories to export a number of finished products to the Egyptian Markets.
Starting from December 29th, 2015 functions of National Registration Center and National Licensing Center in Albania shall be unified in one single entity.
Foreign manufacturers and brand owners as well as Uzbekistan-based official or exclusive importers of branded goods are facing pressing challenges in connection with promoting their proprietary products, protecting their reputation and image, and dealing with counterfeiting and pricing strategies of unscrupulous competitors.
For overseas buyers it is very important to inspect goods after delivery. The inspection should prompt and contribute to official report. With related knowledge on China law, buyers may put inpsection period, defect types, and form of valid report into contract clauses. This may greatly alleviate buyers burden of proof.
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 Bills) Guidelines, 2015 (‘Guidelines’) . The Guidelines will come into effect on 1 January 2016. A brief overview of the Guidelines, as proposed by the CCI.
How China is regulating competition law aspects of intellectual property licensing.
Art. 36 of the Bulgarian Protection of Competition Act (PCA) is titled “unfair soliciting of clients”. It is a part of the unfair competition rules in Bulgarian law and contains four paragraphs providing for four different prohibitions. One of these prohibitions relates to supplements offered or given upon the sale of a product.
The Concept of ‘Advertising’ and Unfair Competition Rules in Bulgaria
Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising financial services.
Looking at the recent SAIC competition law guidelines regarding IP transactions, and predicting what the NDRC is likely to refer to when it introduces its competition IP guidelines later this year.
By Planet Depos
Singapore is a hub for international arbitration. Learn more about the city-state and what to do to prepare for an upcoming arbitration.
This article looks at Australian competition law issues, as applied to franchise agreements, including plans to extend unfair contract terms legislation.
The State Administration for Industry and Commerce (“SAIC”) issued the finalized Provisions on Prohibiting the Abuse of Intellectual Property Rights to Preclude or Restrict Competition (“the Provisions”) on April 7, 2015, which has been almost a year since the draft thereof was released for public opinion. The Provisions will be effective as of August 1, 2015.
On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.
Parallel import allows import of goods not only by their owner or dealer, but also by any importer.
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” was published on The Economist’s on 25 May 2013.
Turkey has been becoming a “shopping mall heaven” ever since 1988 which is the time that the first shopping mall was built in Turkey.
Like other jurisdictions, Russia has a set of requirements which may impact upon persons considering investing or investing into Russian businesses.
Starting from the year of 2013, the Chinese Anti-monopoly Law Enforcement Authority has initiated a series of anti-monopoly investigations and imposed fine in total over RMB 3.25 billion Yuan (about US$ 531 million). Although such anti-monopoly law enforcements have attracted a lot of attention, there are also some remarkable developments happened in the anti-monopoly of the intellectual property field that is worth of noticing.
The Russian Law "On the Protection of Competition" (the "Competition Law") came into effect on October 26, 2006.
To successfully structure a cross-border transaction, it is important to do a careful antimonopoly law analysis at an early stage.
Distribution agreement is not a concept that is well-developed in Russia. There is not an established court guidance on most of the terms and conditions a reasonable non-Russian supplier seeks to include into the distribution agreement.
The use of the slogan “the only complete programme throughout Germany” in an advertisement for a dental care programme is misleading in the opinion of the Higher Regional Court of Hamm.
Consumers and suppliers ought to benefit in equal measure from fair competition. In the event of infringements of competition law, legal action can be taken.
By CTM Avvocati
A Legality Rating was established as an opportunity for: spreading the culture of legality, demonstrating your company’s ethical credentials, obtaining financing and verifying your organization and your suppliers.
On June 11, 2014, the State Administration of Industry and Commerce (“SAIC”) published a draft of Rules of the Administration for Industry and Commerce on Prohibition of Abusing Intellectual Property Rights to Eliminate or Restrict Competition (“the drafted Rules”) to solicit public opinions.
This article provides a useful digest of many of the NDRC antitrust cases announced/decided to 14 August 2014.
A series of anti-trust investigations intensively initiated by the Price Supervision and Anti-Trust Bureau of National Development and Reform Commission (“NDRC Anti-Trust Bureau”) since last year, has brought a lot of attention to this Chinese anti-trust law enforcement authority. This article is aimed at introducing the NDRC Anti-Trust Bureau via a decided case.
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?
This article looks at the recent decision by MOFCOM regarding Maersk's P3 Alliance, being only the second case ever where MOFCOM has refused approval. The implications of this decision need to be kept in mind by parties with large market shares, looking at entering into M&A transactions or cooperative ventures, affecting China.
Verizon, the US telecommunications giant, has issued Netflix with a “cease and desist” letter following media reports claiming that Netflix was blatantly telling its customers that the Verizon network was responsible for faulty streaming.
In this note we provide general information about some of the legal issues that a foreign franchisor or supplier (in distribution agreements) should consider when entering Azerbaijani market.