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The last few weeks brought a flurry of developments regarding international trade.  Two petitions recently were filed with the US International Trade Commission (“ITC”). On April 30th, Hirsh Industries filed an antidumping (“AD”) and countervailing duty (“CVD”) petition on imports of certain vertical metal file cabinets from China.  The petition covers metal filing cabinets containing…

When USTR announced tariffs on imports from China on July 6, 2018, it also announced the procedures and deadlines for seeking exclusions from such duties. Late last month, USTR announced that it would grant exclusions from tariffs for a second set of Chinese imports (“List 2”).  The second round of exclusions cover about 87 separate…

A lawsuit commenced by the American Institute for International Steel (“AIIS”) regarding the constitutionality of Section 232 before the Court of International Trade (“CIT”) has been decided.  A three-judge panel decided that Section 232 was not unconstitutional. The plaintiffs argued that Section 232 of the Trade Expansion Act of 1962, as amended, did not properly…

The rising prices of existing and new brand prescription drugs could have serious consequences for tax payers and the 44 million seniors who rely on Medicare.  In order to rein in those costs, it’s vital for the Administration to encourage the use of generic drugs and biosimilars. While Congress has been grabbing the headlines by…

Changes in the economy, technology, international business, and data collection have all converged to make the FTC rethink its enforcement priorities going forward. In the spirit of the 1995 Pitofsky Hearings, the FTC on September 13, 2018 kicked off the first day of hearings on Competition and Consumer Protection in the 21st Century at Georgetown…

On December 6, 2017, Senator Elizabeth Warren sharply criticized the state of antitrust enforcement in a speech at the Open Markets Institute. She said that antitrust enforcers adopted the Chicago School principles, which narrowed the scope of the antitrust laws and allowed mega-mergers to proceed resulting in many concentrated industries.  She believes that antitrust enforcers…

On November 22, 2017, the FTC announced that retail fuel station and convenience store operator Alimentation Couche-Tard Inc. (“ACT”) agreed to divest three fuel stations in Alabama to settle FTC charges that ACT’s proposed acquisition of Jet-Pep, Inc. (“Jet-Pep”) would violate federal antitrust law. Under the terms of the deal, ACT will acquire ownership or…

About a week before taking office, President-elect Trump had two high level meetings with CEOs of companies that are involved in significant acquisitions currently under antitrust review by the Department of Justice’s Antitrust Division.  The meetings raise questions about the integrity and independence of the DOJ’s merger reviews going forward under a Trump administration.  AT&T/Time…

This is a new entry to test your Movable Type installation. We have installed Movable Type on your server and configured the paths for the initial weblog in the system per your request. Do not delete this weblog (“First Weblog”) unless you know what you are doing, because it is already configured for your server.…