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Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337
( Section 337 ), gives the U.S. International Trade
Commission ( ITC ) broad powers to investigate and
address unfair acts and unfair competition in the importation of
articles into the United States. Most Section 337 investigations
address issues of infringement of statutory intellectual property
such as patents, trademarks, and copyrights. Recently, however,
Section 337 has increasingly been used to address other unfair acts
such as misappropriation of trade secrets, false advertising,
breach of contract, and antitrust violations. One primary advantage
self
Joining Michael this week for the podcast quarterly check in
with Europe is International Competition specialist Oliver Heinisch
from London. Oliver shares the latest updates from the continent,
including insight on Brexit, European merger controls, and the
adequacy of GDPR enforcement.
Oliver is a partner in the Antitrust and Competition Practice
Group in Sheppard Mullin s London and Brussels offices. Oliver
advises on all areas of EU, UK and German competition law with a
focus on international cartel and abuse of dominance procedures
including related antitrust litigation matters as well as merger
control law. He also regularly advises clients on questions
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On April 22, 2021, the Supreme Court of the United States
unanimously held that Section 13(b) of the Federal Trade Commission
Act does not authorize the U.S. Federal Trade Commission (FTC) to
seek, or a court to award, equitable monetary relief.
AMG
Capital Management, LLC et al. v. Federal Trade
Commission (
AMG) upends a decades-long practice
of the FTC seeking equitable monetary relief from defendants in
federal district court rather than invoking its own administrative
procedures and redress provisions. The decision is likely to have a
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With antitrust enforcement of the technology sector making
headlines daily, and as lawmakers focus on strengthening and
potentially reforming antitrust laws as a tool to regulate the tech
industry, we anticipate a significant increase in scrutiny by US
federal antitrust authorities of vertical mergers,
1
including merger of complements and so-called diagonal
mergers in the technology sector. Notwithstanding the
current challenges of vertical merger enforcement,
2 on
June 30, 2020, the Federal Trade Commission ( FTC ) and
the Department of Justice ( DOJ ) issued guidelines (the Vertical Merger Guidelines )
3 describing the
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This regular alert covers key regulatory EU developments related
to the COVID-19 situation. It does not purport to provide an
exhaustive overview of developments and contains no analysis or
opinion.
LATEST KEY DEVELOPMENTS
Competition & State Aid
Air Canada and Transat withdraw from proposed merger after
European Commission rejects remedy package - Remarks from Executive
Vice-President and Competition Commissioner Vestager on
COVID-related concerns
European Systemic Risk Board advocates more targeted COVID
support to foster financial stability
EU approves new and amended Member State measures to support