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.


Cartel Office Ensures Greater Competition in Rail Sector in Germany

  August 22, 2016     By GRP Rainer LLP
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.

Alcohol, Language, and the Law

  August 9, 2016     By The Lomnitzer Law Firm
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.

LG Magdeburg: German Consumers Misled by False Indication of Origin

  August 5, 2016     By GRP Rainer LLP
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].

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

  August 3, 2016     By GRP Rainer LLP
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.

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

  July 26, 2016     By LexSage
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”.

Bundeskartellamt Imposes Fines Against Cartel in Sanitary Sector in Germany

  July 19, 2016     By GRP Rainer LLP
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.

OLG Koblenz: Misleading Advertising Concerning Pharmaceuticals in Germany

  July 18, 2016     By GRP Rainer LLP
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].

European Competition Authorities Take Aim at Internet Giant

  July 15, 2016     By GRP Rainer LLP
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.

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

  July 13, 2016     By Kydalov & Partners
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.

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

  July 12, 2016     By GRP Rainer LLP
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.

Protecting Consumer Rights in Bangladesh

  July 6, 2016     By Mahbub & Company
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.

Restrictive Agreements Permissible under Certain Circumstances in Germany

  June 29, 2016     By GRP Rainer LLP
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

  June 27, 2016     By Bretton Woods Law
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 by Foreign in Ukraine: Basic Errors

  June 23, 2016     By Kydalov & Partners
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.

SEC Halts Ash Narayan from Defrauding RGT Clients

  June 21, 2016     By Shustak Reynolds & Partners, PC
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 Cheese Cannot be Marketed as Cheese in Germany

  June 21, 2016     By GRP Rainer LLP
“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).

Consumer Credit Advertisements in Poland

  June 20, 2016     By Lewandowski Gradek Lewandowska IPLaw Office
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 Newest Changes in the Polish Competition Law Have Entered into Force Mid-April 2016

  June 20, 2016     By Lewandowski Gradek Lewandowska IPLaw Office
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.

Bundeskartellamt Investigates Ticket Allocation in Germany for Euro 2016

  June 10, 2016     By GRP Rainer LLP
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.

BGH on Advertising Without Option to Order

  June 9, 2016     By GRP Rainer LLP
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.

Double Tax Treaty between Cyprus and Latvia signed

  June 9, 2016     By Patrikios Pavlou & Associates LLC
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’).

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

  June 6, 2016     By GRP Rainer LLP
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).

Competition Law in Germany: Deceptive Packaging is Misleading

  June 1, 2016     By GRP Rainer LLP
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).

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 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;

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 the Landgericht Rostock (Regional Court of Rostock) in a recent ruling.

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 decision of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice (Az.: I ZR 167/13).

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 Koblenz (Higher Regional Court of Koblenz) in a recent ruling.

Unfair Competition in California

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 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 amounting to millions of euros on a rail company for illegal price-fixing agreements.

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 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.

Are Resale Price Maintenance Agreements Legal Under the Antitrust Laws?

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

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 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.

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 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.

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.

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 alternatives to resale-price maintenance agreements that are less likely to violate the antitrust laws.

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 companies of distant trade - non-residents to consider the Ukrainian market as one of the high-potential.

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.

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 take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.

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 Cartel Office, there is reason to suspect that the company has abused its dominant market position

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 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.

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 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.

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 investigation.

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 Monopoly Agreements(the “Draft Guidelines”) seeking public comments due February 22, 2016.

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 Frankfurt) prohibited a promotional discount from the provider of a taxi app for this very reason.

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 constitutes an infringement of competition law.

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 agricultural products has been growing.

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, arguing that they restrict competition.

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 whether an online mail order company and a manufacturer of consumer electronics are acting contrary to competition law.

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 the eligible factories to export a number of finished products to the Egyptian Markets.

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 single entity.

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 challenges in connection with promoting their proprietary products, protecting their reputation and image, and dealing with counterfeiting and pricing strategies of unscrupulous competitors.

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 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.

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.

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

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

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 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.

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. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising financial services.

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 introduces its competition IP guidelines later this year.

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 legislation.

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 low thresholds. Considering however that entirely foreign-to-foreign mergers and acquisitions, as well as joint ventures, can be caught under the Cypriot merger control regime, we have authored this note as guidance to all parties involved in a transaction that meets the jurisdictional thresholds that trigger a Cyprus filing.

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 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.

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 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 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 titled “The defence industry: Guns and Sugar” was published on The Economist’s on 25 May 2013.

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.

Anti-Trust snd Strategic Approval Requirements for Investments in Russia

Like other jurisdictions, Russia has a set of requirements which may impact upon persons considering investing or investing into Russian businesses.

Developments in Chinese Antitrust/Competition Law

  By MMLC Group
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.

Russian Antitrust Law: Prohibition of Monopolistic Behavior and Unfair Competition

The Russian Law "On the Protection of Competition" (the "Competition Law") came into effect on October 26, 2006.

What Are Monopolies and Why Are They Bad?

  By HG.org
Aside from the board game, a lot of people may not really know what a monopoly is. They make their way into the news once in a while, but what does it really mean when something becomes a monopoly and why do we care? Everyone says they are bad, but why?

Russian Antitrust Law: Important Considerations For Non-Russian Investors

To successfully structure a cross-border transaction, it is important to do a careful antimonopoly law analysis at an early stage.

Distribution Agreements In Russia

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.

Higher Regional Court of Hamm on Misleading Dental Advertisement Online

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.

German Act Against Unfair Competition Protects The General Public

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.

The “Legality Rating” for Most Ethical Companies in Italy

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.

Immoral But Not Always Illegal: Price Gouging After Natural Disaster

  By HG.org
The recent floods in Colorado have brought a problem to the forefront: post-disaster price gouging. While 35 states have made this a crime, there are still 15, Colorado included, where this is merely considered capitalism.

Merger of American Airlines and US Airways After Bankruptcy May Face Anti-Trust Law Issues

  By HG.org
A bankruptcy judge in New York has endorsed a plan to merge American Airlines and US Airways. That approval, however, is contingent upon the outcome of an anti-trust lawsuit filed by the US Department of Justice which asserts that such a merger would deprive the marketplace of choice and competition.

China's SAIC Looks at Abuses of IP Rights to Eliminate or Restrict Competition

  By MMLC Group
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.

A Digest of National Development and Reform Commission Antitrust Cases To Date

  By MMLC Group
This article provides a useful digest of many of the NDRC antitrust cases announced/decided to 14 August 2014.

Antitrust Investigations in China

  By MMLC Group
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.

Practical and Legal Aspects of Debt Collection in Ukraine

Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?

China's MOFCOM Rejects Maersk's P3 Alliance

  By MMLC Group
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.

New Merger Control Legislation in Cyprus Enacted

The 2014 merger control regime replaces the previous framework in place since 1999 and increases the powers of the Commission for the Protection of Competition in assessing, investigating and clearing merger, acquisitions and joint ventures.

Netflix Accused of Mudslinging

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.

Entering Azerbaijani Market: Franchising and Distribution

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.

Concessions in Albania / PPP in Albania

According to the assessment, the application of the laws of the PPP / concession in Albania is estimated to achieve "high efficiency" compared to international standards, the implementation of AML being a strong pillar and institutional frameworks and policy pillars were weak.

Infamous Antitrust Cases

  By HG.org
Capitalist nations such as the United States recognize the advantages of free competition. Some landmark cases had direct consequences on antitrust regulation. Some of the most infamous antitrust cases are discussed below.

A Tax Exempt Start up for Multinational Companies: Liasion Offices in Free Trade Zones of Turkey

Today, in global cash flow around the world made multinational companies to think more on tax benefits and cost effectiveness before they invest in a country.

Turkish Retail Sector and the Problem of Unfair Competition

The growth of the Turkish economy in unprecedented rates during the course of the last decade have generated a strong demand for consumer goods.

A Dentist’s Advertising Measures Can Be Considered Unfair Competition – Germany

If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.

Anti-Competitive Violation When Disparaging a Competitor – Germany

If someone makes disparaging remarks about a competitor to its employees, this can give rise to an anti-competitive violation.

Amendments to the Trade Descriptions Ordinance in Hong Kong

To promote fair trade, enhance protection for individual consumers and to prevent unfair business practices in Hong Kong, the Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 was passed on 17 July 2012 to amend the Trade Descriptions Ordinance (Cap 362) (“TDO”).

Requirement for Price Description under Competition Law - Germany

A reference to sales tax under the tab “shipping and payment options” might not satisfy legal requirements.

Jurisdiction over the Turkish Steel Cases at the U.S. Court of International Trade

U.S. domestic steel producers consistently raised concerns about the Turkish steel industry, alleging that it is subsidized and unfairly aided. U.S. Commerce Department and International Trade Administration found a variety of Turkish subsidy programs to be dependent on export performance and imposed countervailing duty and anti-dumping penalties. As a response, Turkish steel producers have challenged these rulings in the U.S. Court of International Trade (CIT) with varying degrees of success.

EU Commission Follows through and Fines Microsoft

For over a year, Microsoft has been under the watch of the EU Commission regarding a perceived breach in EU competition law due to their “Windows” operating system being shipped with a pre-loaded internet browser.

Google Survives US Investigations – EU Investigates Further

The software giant Google has recently come under scrutiny from both the US Federal Trade Commission (FTC) and the European Union Commission for suspected anti-competitive behaviour. It was initially being suspected that Google was doctoring search results in a manner that would prejudice its competitors.

European Court Holds that Companies are Now Liable for Joint Ventures They Control

The concept of a joint venture has been a difficult issue for legislators and legal professionals alike since time immemorial. Every time a joint venture is created a great variety of issues arise, primarily with respect to the way that such a joint venture will affect the market from the perspective of competition.

Video Deposition Formats - What They Are and How to Choose

This article was written to help explain the various video formats available to attorneys after conducting a video deposition.

Approval of M&A Transactions by the Chinese Ministry of Commerce - 2012 Annual Review

  By MMLC Group
This article reviews the activities of the Chinese Ministry of Commerce and the Anti-Monopoly Bureau, in reviewing applications for approval for M&A transactions under the PRC Anti-Monopoly Law, over the last 12 months.

European Commission Re-Ignites the Browser Wars

In 2009, Microsoft made an agreement with the European Commission, in its capacity as the pan-European antitrust watchdog that it would offer the opportunity to users to choose which web browser to use on its Windows 7 operating system. The discussions that brought about this agreement were labelled as the “Browser Wars”.


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