Antitrust and Trade Regulation Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Antitrust and Trade Regulation.
July 29, 2014 By Legiteam Law Agency LLC
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?
June 25, 2014 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.
June 20, 2014 By Anastasios Antoniou LLC
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.
June 18, 2014 By STA Law Firm
The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.
June 12, 2014 By CSB Advocates
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.
June 2, 2014 By Remells Law Firm
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.
March 11, 2014 By LPA Law Firm 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.
February 15, 2014 By Prudential Middle East
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust
December 30, 2013 By Herdem Attorneys at Law
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.
December 30, 2013 By Herdem Attorneys at Law
The growth of the Turkish economy in unprecedented rates during the course of the last decade have generated a strong demand for consumer goods.
December 4, 2013 By GRP Rainer LLP
If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.
November 18, 2013 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?
October 24, 2013 By GRP Rainer LLP
If someone makes disparaging remarks about a competitor to its employees, this can give rise to an anti-competitive violation.
September 20, 2013 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.
September 12, 2013 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.
September 5, 2013 By Angela Wang & Co.
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”).
August 22, 2013 By GRP Rainer LLP
A reference to sales tax under the tab “shipping and payment options” might not satisfy legal requirements.
July 31, 2013 By ADMD Law Office
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.
March 18, 2013 By CSB Advocates
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.
January 11, 2013 By CSB Advocates
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.
December 4, 2012 By CSB Advocates
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.
November 28, 2012 By Olender Reporting
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
November 26, 2012 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.
November 15, 2012 By CSB Advocates
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”.
October 12, 2012 By Parris Whittaker, Attorney at Law
Is your business trading in the most cost effective way and is your legal status adequately protected? Choosing the best legal ‘vehicle’ through which to operate your business is perhaps the most important decision you can make as a business owner – particularly with the advice of an expert companies lawyer.
September 18, 2012 By Olender Reporting
This article is an attempt to illuminate both the rudimentary and nuanced strategies required to consistently produce high-quality video depositions. I often worry that attorneys who order them are unaware that the footage for which they have paid dearly, is of exceedingly poor production value. The bottom line: all video depositions should look nearly identical (except for the witness, of course); it is the means by which that end is achieved that separates excellence from inferiority.
September 17, 2012 By UB & Co. Attorneys and Counselors
September 7, 2012. On September 7th, 2012, Hong Kong and Chile signed a bilateral Free Trade Agreement (the Agreement), marking a new milestone in the furtherance of trade and investment co-operation between the two economies. The Agreement will enter into force on a date to be mutually determined by Hong Kong and Chile after completing necessary domestic procedures.
August 24, 2012 By Guo Lian Law Firm
The global retailing giant Walmart announced in February that it would further acquire 33.6% interest in Yihaodian, a leading B2C e-commerce company in China. Before the investment, Walmart already held 17.7% interest in Yihaodian. The new deal is subject to government regulatory approvals, including antitrust approval from the Chinese anti-monopoly regulator, the Ministry of Commerce (“MOFCOM”). On 13 August 2012, Walmart announced that it has received conditional approval from MOFCOM.
August 15, 2012 By MMLC Group
China’s Anti-monopoly Law took effect on 1 August 2008. During the last four years, over 400 business transactions have been reviewed under this law, including most of the world’s largest international transactions. This article looks at some of the major developments in this area of Chinese law, from a regulatory and policy perspective.
August 1, 2012 By Ruder Ware
The Rochester Network Advisory Opinion is one of the few sources that we have to get a glimpse of what is required for a health care organization to "clinically integrate." Clinical integration is one method to reduce risk under the antitrust laws. Some of the details of the advisory opinion are discussed and analyzed by provider integration attorney John Fisher.
July 31, 2012 By CSB Advocates
On the 17th July 2012 the European Commission announced that it had reached an agreement with internet giant ‘Google’ that would put to rest recent anti-competitive practice claims against Google. The EU has been investigating Google since 2010. This started when European search providers began complaining that Google was burying search results for products that competed with Google’s own, without disclosing the alleged bias.
July 24, 2012 By Mamo TCV Advocates
Pursuant to article 20 of the Malta Financial Services Authority Act (Chapter 330 of the Laws of Malta), the MFSA is required to appoint a Consumer Complaints Manager (“CCM”) empowered to investigate complaints from private consumers (as opposed to companies or enterprises) in connection with any financial services transaction involving a financial entity regulated by the MFSA...
July 9, 2012 By Matt Dickstein, Business Attorney
If you are in a group medical practice, you might wonder, “Can I or another doctor in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the physician who would set up the competing practice.
July 9, 2012 By Matt Dickstein, Business Attorney
In this article I explain shareholder buy-sell agreements for physicians and medical corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the physician / shareholders, specifically their death, loss of license, disability, divorce and dispute.
July 6, 2012 By Mamo TCV Advocates
Act VI of 2011 which enacted the Malta Competition and Consumer Affairs Authority Act (MCCAA Act) (Chapter 510 of the Laws of Malta) significantly amended the Competition Act (Chapter 379 of the Laws of Malta). This article attempts to summarize the most important developments in this regard.
June 26, 2012 By Avellum Partners
Sophisticated M&A transactions include not only straightforward share purchase agreements but may also contemplate ancillary agreements (e.g. option agreements, share pledge agreements, repo financing, etc.). Moreover, share purchase agreements may envisage non-compete clauses, which also fall within the ambit of Ukrainian competition law.
May 24, 2012 By The Harrison Firm, PC
In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.
Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing.
Inadequate data security leaves businesses open to significant damage and embarrassment. Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security. - Data Security in the Cloud - A Whitepaper by Nicholls Legal
The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing. Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues. Cloud Computing and Privacy - A Whitepaper by Nicholls Legal
March 15, 2012 By James DeCrescenzo Reporting. LLC
A recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:
March 12, 2012 By Guo Lian Law Firm
On 2 March 2012, MOFCOM published its conditional approval to the $4.5 billion acquisition of Viviti Technologies Ltd (a company directly holding Hitachi Global Storage Technologies Netherlands B.V. ,which holds Hitachi Global Storage Technologies Singapore Pte. Ltd.) (“Viviti”) by Western Digital Corporation (“Western Digital”).
February 22, 2012 By Herdem Attorneys at Law
Although it has been long time to have CFC regulation in Turkey, in parallel with the increasing rate of growth of Turkish economy, many major entrepreneurs making Turkey related businesses required to focus on management of their taxation policies in consideration of CFC regime in Turkey.
February 22, 2012 By Belcheva & Associates Law Office
Bulgarian Competition Law is designed to protect and foster competition and free enterprise in economic activity. Over the years the law was repeatedly changed by the legislature to meet the requirements of economic life.
February 16, 2012 By MMLC Group
This article looks at the long awaited regulation that outlines penalties for non-compliance with transactional approval aspects of the Chinese Anti-Monopoly Law. This new regulation commenced on 1 February 2012.
February 9, 2012 By MMLC Group
This article looks at the makeup of the Chinese antitrust authority, its development and its case history. Establishment of Anti-Monopoly Bureau: The Chinese Anti-Monopoly Bureau was formally established within the Ministry of Commerce (‘MOFCOM’) in September 2008 under Notice on the Establishment of the Anti-Monopoly Bureau. It replaced the previous Antitrust Investigation Office under the Law and Treaty Bureau of MOFCOM.
European Commission Imposes Simplified Rules on Mergers and Divisions in Six Member States among Which Cyprus
February 7, 2012 By Andreas Neocleous & Co LLC
Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, regarding the simplification of the rules on merger and divisions, has not been yet implemented in some Member States of the EU. Cyprus is one of those Member States which failed to fulfill their obligations and commitments under the relevant Directive.
February 3, 2012 By Sanchelima & Associates, P.A.
The reason that SOPA garnered so much attention was largely due to vague language that seemed to provide the government with a very wide scope of power to shut down websites and block access. While the possibility of restrictions may have looked like censorship to a public used to a laissez-faire approach to internet access, the main targets of SOPA were primarily foreign websites that hosted libraries of pirated content.
December 7, 2011 By Yav & Associates
This article shares the views on the Foreign Investment Operations in the Democratic Republic of Congo including Employment, Business Taxation, Environment, Physical Planning, Health & Safety, Consumer Protection, Competition Policy & Law, Monetary Policy, Foreign Exchange and Foreign Investors, Public Procurement, Intellectual Property, Investment Protection and Dispute Settlement.
December 3, 2011 By Karbal & Co.
During the late 1960’s and early 1970’s, Libya was the leading state among the Developing Countries. Due to Gadaffi’s arbitrary economic policy, Libya became the least developed among oil producing countries.
November 23, 2011 By Barlas Uyar Eraslan Law Firm
Board of Directors of Joint Stock Companies is the body which manages and represents the company in the structure of joint stock company. In this regard, the BoD is liable to determine the company organization, to appoint the authorized individuals that manages and represents the company and to supervise them.
November 20, 2011 By Angela Wang & Co.
One of the major considerations in establishing the anti-monopoly civil litigation regime in China is to determine who has the standing to initiate anti-monopoly proceedings.
November 18, 2011 By Fikadu Asfaw and Associates Law Office
Brief note on Ethiopian Trade Practice and Consumer Protection Laws
November 8, 2011 By MMLC Group
This article looks at the development of antitrust/anti-monopoly/competition law in China, and provides an analysis of the various regulations involved and the government departments involves in enforcing these regulations in China.
October 19, 2011 By McDole & Williams, P.C.
Recent decision represents the continuing trend in state and federal courts to uphold arbitration clauses and read them broadly.
October 19, 2011 By CSB Advocates
The EU Commission has recently presented a draft regulation with the purpose of creating a standard sales regime across the European Union.
October 12, 2011 By MMLC Group
This article looks at the Chinese competition law issues associated with the recently announced acquisition of China's Hsu Fu Chi, by Nestlé’s. Some are concerned that the transaction may not be approved by China's Ministry of Commerce on competition grounds, given its apparent similarities to the failed Coca-Cola/Huiyuan transaction.
October 11, 2011 By CSB Advocates
Microsoft is currently in the process of acquiring the well known VoIP (Voice over Internet Protocol) provider Skype. This move has caused a great deal of concern to competing companies, some of which have filed objections in all applicable jurisdictions where the merger is being examined.
September 19, 2011 By Andreas Neocleous & Co LLC
New legislation to present abuses to the disclosure of deals. New rules were adopted September 14, 2011 by the European Parliament to prevent abuses in wholesale energy trading for the final protection of consumers. According to the legislation, wholesale trading will be monitored independently across the EU, in order to enable Member States to prevent and punish anti-competitive behaviors.
August 11, 2011 By Integrites
This article provides a brief overview of certain aspects of the Ukrainian antimonopoly regulations that may be of some help while considering the necessity of obtaining Ukrainian antimonopoly clearance in transborder M&A transactions.
August 4, 2011 By Ongur Ergan Law & Consulting Office
The main aim of this article is to introduce business establishment models and procedure in Turkey to foreign direct investors who has intention of doing business in Turkey.
August 2, 2011 By Ongur Ergan Law & Consulting Office
“A general overview on Oil Market Law in Turkey” by Att. Arzu Ongur Ergan
August 1, 2011 By Legal Alliance
On July 27, the amendments to the Law of Ukraine On the protection of Economic Competition has come into force. The Law, drafted by the Antimonopoly Committee of Ukraine and introduced by the Cabinet of Ministers of Ukraine, was adopted by the Ukrainian Parliament on July 5, current year.
July 27, 2011 By Angela Wang & Co.
The competition law in the People's Republic of China ("PRC") is embodied in the Anti-Monopoly Law (the "AML") which was implemented in 2008.
July 11, 2011 By Law Offices of Donald W. Hudspeth, P.C.
1. Character as Destiny: Sometimes That’s Not Good. - Ralph Waldo Emerson -- who wrote the essays Self Reliance and Compensation, among others -- might have loved my law firm Clients, who tend to be hard-working, self-reliant, persevering and intelligent, just to name a few of their good personality traits. In short, they have “Character.”
July 11, 2011 By Katsh & Associates LLC
The states of North Africa and the Middle East are high growth markets, having recently achieved growth rates higher than many so-called “industrialized countries.” Unfortunately, these developments have not been accompanied by the kind of patent protections that would apply in countries with longer histories of technological innovation. The NA/ME States are at a cross roads and it is timely to consider how their systems for the protection of technology measure up to international standards.
June 24, 2011 By Chipman Mazzucco
A trademark's viability depends on continued use and vigilance. When it comes to trademarks, the law has a "use it or lose it" philosophy, which makes sense in light of a trademark's role as an identifier of the source of goods and services. If there are no goods and services that are being promoted through use of the trademark, it no longer functions as one. A subsequent user can file to cancel a dormant federally registered mark, or can defend an infringement action based on abandonment.
June 20, 2011 By Guo Lian Law Firm
The Anti-Monopoly Law (“AML”) opens a new landscape for merger and acquisition practice in China. Regardless where a merger takes place, if the transaction satisfies the prescribed conditions, it must be filed with China's Ministry of Commerce (“MOFCOM”), the agency charged with enforcing the merger control laws in China, for business concentration review.
May 27, 2011 By Guo Lian Law Firm
On 6 May 2011, China’s National Development and Reform Commission (“NDRC”) published a statement commenting on the punishment on Unilever (China) Co. Ltd. (“Unilever”) for its unfair price competition acts, endorsing publicly the law enforcement action in Shanghai.
May 4, 2011 By Andreas Neocleous & Co LLC
The Hungarian Presidency adopted the decision authorizing the signature for the convention on behalf of the EU on 14 April 2011 without any discussion at a meeting on the Agriculture and Fisheries Council.
April 19, 2011 By Legal Alliance
In accordance with the paragraph 1 article 15 of the Law of Ukraine “On Consumer Rights Protection”, a consumer has the right to receive necessary, accessible, accurate and timely information about the products that provides him with an opportunity of conscious and competent selection of such product. The consumer shall be provided with such information prior to purchasing the product or ordering the works (services). The information about the product is not considered as advertising.
April 18, 2011 By Robert Samuel Fleming Law Corp.
Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.
March 11, 2011 By Villagran Lara, Attorneys
The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.
February 1, 2011 By Kolcuoglu Demirkan
The long-awaited “Communiqué on Mergers and Acquisitions Calling for the Authorization of the Competition Board” (the “New Communiqué”) was published in the Official Gazette on 7 October 2010. The Communiqué, which entered into force on 1 January 2011, introduces a new merger control regime, in line with recent developments in European Commission (the “EC”) legislation.
February 1, 2011 By UB & Co. Attorneys and Counselors
The Ministry of Commerce (“MOFCOM”) issued the Measures for the Reporting of Concentrations of Business Operators (“Reporting Measures”) on November 21, 2009 and Measures for the Review of Concentrations of Business Operators (“Review Measures”) on November 24, 2009. Both of the regulations related to Anti-Monopoly Law will take effect on January 1, 2010.
Cyprus Competition Commission Rejects Complaint against Exxon Mobil Cyprus Limited and Lukoil Cyprus Limited
December 22, 2010 By Andreas Neocleous & Co LLC
The Cyprus Competition Commission has issued its decision 4/2010 in the complaint of I &A Mylonas Limited, a petrol station operator, against Exxon Mobil Cyprus Limited and Lukoil Cyprus Limited concerning their refusal to supply petroleum products in alleged contravention of 6(2) of the Competition Law.
November 23, 2010 By Karakhanyan & Partners Law Office LLC
It is in the interests of the consumers that major economic entities are prevented from having negative influence on the market. The Competition Commission protects the rights of the consumers through holding the economic entities liable for breaching the laws. As to economic entities, it is indispensable that the law defines equal and equitable liability for violations of the law, since liability for any action should be proportional to the negative consequences of the given action.
November 11, 2010 By Mesriani Law Group
Running a thriving and successful business isn’t easy especially since other companies would fight tooth and nail just to get a leg up in the competition. The more successful your business is, the more money you have so it’s no surprise why some companies would resort to unfair business practices just to get ahead.
October 29, 2010 By Leks&Co
Overview of Post Notification for Merger, Consolidation and Acquisition.
October 3, 2010 By Sule Law Firm
This is a introduction to competition law (Act LVII of 1996) in Hungary.
September 18, 2010 By The Gierach Law Firm
There is an increasing amount of litigation between employers and former employees over non-compete agreements and other forms of restrictive covenants.
September 15, 2010 By MDM Law firm
In the field of competition law, internal company communications with in-house lawyers are not covered by legal professional privilege.
September 13, 2010 By Angela Wang & Co.
After years of consultations, the Hong Kong Government submitted the long waited Competition Bill (the “Bill”) on 2 July 2010 to the Legislative Council for debate in the coming 2010-2011 session.
August 10, 2010 By Matt Dickstein, Business Attorney
If you are a member of a group medical or dental practice, at some time you probably have wondered, “can I or another doctor in this practice set up a competing practice and service existing patients?” This question is crucial both to the existing group and the doctor who would set up the competing practice.
August 3, 2010 By MarQonsult IP Sdn Bhd
The Malaysian Competition Act 2010 has been gazetted on 10 June 2010 and is expected to be implemented in January 2012.
June 28, 2010 By Domanski Zakrzewski Palinka
A Q&A guide to competition law in Poland. This chapter was first published in the PLC Cross-border Competition Handbook 2010 and is reproduced with the permission of the publisher, Practical Law Company.
June 3, 2010 By L.I. Group
Monopoly is the phenomenon of economic relations, inseparably connected with relationships of public interests and interests of monopolies.
June 1, 2010 By Leks&Co
On January 2010, the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha - “KPPU”) issued Regulation No. 7 of 2010 on the Guidelines of Interlocking Directorate (the “Guidelines”). Interlocking on directorate was formerly stipulated in Article 26 on Law No. 5 of 1999 on Prohibition of Monopolistic Practice and Unfair Business Competition (the “Antimonopoly Law”).
Passing Off in China - A Review of Recent Cases Decided under Article 5 of the PRC Anti-Unfair Competition Law
May 20, 2010 By MMLC Group
The PRC Anti-Unfair Competition Law has become a powerful weapon for dealing with unfair and corrupt business practices. This article focused on the intellectual property protections aspects of this law. Article 5 of this law is akin to the common law action for passing off, but could be seen as being broader and more flexible.
Amendments to the Spanish Unfair Competiton Act and its Influence on other Spanish Legislation - Spain
March 24, 2010 By Mariscal & Associates
Act No. 29/2009 of 30 December modifies the Spanish legal system of unfair competition and advertising to enhance consumer and user protection.
February 5, 2010 By The Law Office of Jamie N. Pitts, Esq., PA
Fictional and graphic characters move effortlessly from one medium to another. Such liquidity means that they also move from one channel of commerce to another with similar ease, often creating a snowball effect through cross-marketing. This broadly expands the commercial value of the character and providing the character with legal protection in a variety of different settings and characterizations other than those in which the creator originally depicted the character becomes paramount.
China Clarified Definition to Relevant Market for Antitrust Enforcement and Its Impact on M&A Transactions
On July 7, 2009, the China’s Anti-Monopoly Commission under the State Council (“AMC”) published a Guideline on Definition of Relevant Market (“Guideline”) on its official website to guide the Anti-monopoly Enforcement Agencies (“AMEA”) to effectively define the “relevant market” in the monopolistic activities by business operators during their antitrust enforcement.
China’s Concentration Declaration Threshold under Anti-trust Law and Its Impact on Foreign M&A Transactions
After more than ten years of drafting and debating, China passed its first Anti-monopoly Law (“AML”) on August 30, 2007, which took into effect on August 1, 2008.
In an official media interview on November 3, 2008, the head of the Administrative Tribunal of the China’s Supreme People’s Court (“Supreme Court”) clarified certain rules applicable to the trial to administrative cases involving the China’s newly effective Anti-monopoly Law (“AML”).
December 3, 2009 By ADMD Law Office
At the Helsinki European Council in December 1999, the Republic of Turkey was officially recognized as an accession candidate country to join the European Union. Negotiations pertaining to accession talks include Turkey’s competition policy. The 2005 accession talks in Brussels required Turkey to align itself with the European Union Legislation.
December 3, 2009 By ADMD Law Office
Competition (anti-trust) law was first established with Law No. 4054 titled ‘The Law on the Protection of Competition’ in Turkey. The fourth article of such law titled “Agreements, Concerted Practices and Decisions Limiting Competition” sets different types of principles for purpose.
September 29, 2009 By MMLC Group
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.
September 12, 2009 By Henry, Samuelson & Co.
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.
April 27, 2009 By MMLC Group
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.
March 18, 2009 By Vilgerts Law Firm
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.