Document(s) published by this organization: 388
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|E-Commerce Sector Inquiry: European Commission Report Identifies Restrictive Practices and Prepares for Potential Antitrust Investigations|
Eric Barbier de la Serre, Charlotte Breuvart, Serge Clerckx, Alan Davis, Yvan N. Desmedt; Jones Day;
September 23, 2016, previously published on September 2016In its ongoing sector inquiry into e-commerce in the EU, the European Commission has published a Preliminary Report of its findings. Launched in May 2015, the sector inquiry is aimed at gathering evidence on potential barriers to competition linked to the growth of e-commerce and understanding the...
|WTO Law Insufficient to Ensure Competitive Neutrality under EU Standards|
Renato Antonini, Byron Maniatis, Eva Monard; Jones Day;
September 23, 2016, previously published on September 2016The principle of "competitive neutrality" is generally considered to mean that privately owned and state-owned enterprises should compete on a level playing field. The idea is that no actor operating on the market should be subjected to unwarranted competitive advantages or disadvantages....
|Ninth Circuit Dismisses FTC Act Claims Against AT&T|
J. Bruce McDonald, Molly M. Wilkens; Jones Day;
September 22, 2016, previously published on September 2016In a unanimous decision, the Ninth Circuit has dismissed the Federal Trade Commission's claim that AT&T intentionally reducing the data speed of customers with unlimited mobile data plans can be challenged as an "unfair or deceptive" practice under Section 5 of the FTC Act. Based on the...
|The CJEU's Decision in GS Media: Connecting the Dots on Hyperlinking|
Francois Holmey, Rebecca Swindells; Jones Day;
September 22, 2016, previously published on September 2016The Court of Justice of the European Union ("CJEU") issued on 8 September 2016 a landmark ruling in GS Media, C-160/15 on hyperlinks and copyright infringement. In its judgment, the court sought to clarify the law in this area and materially departed from previous case law which was...
|Widely Watched Federal Circuit McRO Decision Holds Certain Software Claims to Be Patent Eligible|
David B. (Dave) Cochran, Matthew A. (Matt) Ferry, Carl A. Kukkonen; Jones Day;
September 22, 2016, previously published on September 2016In a unanimous decision on September 13, 2016, the Federal Circuit in McRO, Inc. v. Bandai Namco Games America reversed the district court's holding that certain software patent claims were directed to ineligible subject matter under 35 U.S.C. § 101. The claims in this case were directed to...
|Update on the New Saudi Arabian Companies Law and SAGIA Announcements|
Mahmoud Alsaif, Prem Anand; Jones Day
In association with Alsulaim Alawaji & Partners;
September 22, 2016, previously published on September 2016The new Saudi Arabian Companies Law, discussed in our November 2015 Commentary, came into effect on May 2, 2016. In connection with the new law coming into force, the Ministry of Commerce and Investment ("MOCI") has published model forms for the Articles of Association and By-Laws for...
|Bankruptcy Court Denies Aeropostale's Motions for Equitable Subordination and to Limit Credit Bidding|
Bruce Bennett, Brad B. Erens; Jones Day;
September 22, 2016, previously published on September 2016Secured lenders have welcomed a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York in the chapter 11 cases of Aéropostale, Inc. and its affiliates (collectively, "Aéropostale"). In In re Aéropostale, Inc., 2016 BL 279439...
|Introduction of Stringent Transfer Pricing Documentation Requirement|
Koichi Inoue, Kyosuke Katahira, Taku Osawa, Takako Yako; Jones Day;
September 22, 2016, previously published on September 2016A recent 2016 tax reform in Japan ("Reform") has introduced stringent Japanese Transfer Pricing Documentation Requirements, which require the preparation/filing of: (i) a Master File, (ii) a Country-by-Country Report, and (iii) a Local File, as well as (iv) a "Notification of the...
|European Law Enforcement Against Antitrust Conspiracies - Recent Trends|
Eric Barbier de la Serre, Alan Davis, Raimundo Ortega, Mario Todino, Alexandre G. Verheyden; Jones Day;
September 22, 2016, previously published on September 2016Over the last few years, the level of cartel enforcement against antitrust conspiracies across the European Union has increased significantly. While the number of cross-border cartel investigations undertaken by the European Commission has slightly declined, national authorities' activity across...
|Narrowing Prospects for Investor Protection: Failure of the TPP Would Affect Investment Security in Malaysia|
Marcus Salvato Quintanilla; Jones Day;
September 22, 2016, previously published on September 2016No matter the outcome of the next presidential election, United States ratification of the Trans-Pacific Partnership ("TPP") is uncertain given the positions taken by the presidential candidates of both major political parties. What is more, non-ratification by the United States would...