Antitrust and Trade Regulation Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Antitrust and Trade Regulation.
August 15, 2014 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.
August 13, 2014 By MMLC Group
This article provides a useful digest of many of the NDRC antitrust cases announced/decided to 14 August 2014.
August 10, 2014 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.
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.
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.
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.
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.
By LPA Law Firm
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.
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
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.
The growth of the Turkish economy in unprecedented rates during the course of the last decade have generated a strong demand for consumer goods.
If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.
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?
If someone makes disparaging remarks about a competitor to its employees, this can give rise to an anti-competitive violation.
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.
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.
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”).
A reference to sales tax under the tab “shipping and payment options” might not satisfy legal requirements.
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.
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.
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.
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.
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
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.
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”.
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.
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 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.
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.
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.
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.
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.
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...
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.
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.
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.
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.
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
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:
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”).
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Brief note on Ethiopian Trade Practice and Consumer Protection Laws
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.
Recent decision represents the continuing trend in state and federal courts to uphold arbitration clauses and read them broadly.
The EU Commission has recently presented a draft regulation with the purpose of creating a standard sales regime across the European Union.
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.
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.
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.
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.
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.
“A general overview on Oil Market Law in Turkey” by Att. Arzu Ongur Ergan
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.
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.
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.”
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.
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.
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.
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.
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.
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.
Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.
The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.
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.
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
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.
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.
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.
Overview of Post Notification for Merger, Consolidation and Acquisition.
This is a introduction to competition law (Act LVII of 1996) in Hungary.
There is an increasing amount of litigation between employers and former employees over non-compete agreements and other forms of restrictive covenants.
By MDM Law firm
In the field of competition law, internal company communications with in-house lawyers are not covered by legal professional privilege.
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.
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.
The Malaysian Competition Act 2010 has been gazetted on 10 June 2010 and is expected to be implemented in January 2012.
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.
By L.I. Group
Monopoly is the phenomenon of economic relations, inseparably connected with relationships of public interests and interests of monopolies.
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
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
Act No. 29/2009 of 30 December modifies the Spanish legal system of unfair competition and advertising to enhance consumer and user protection.
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”).
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.
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.
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.