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Europe in the Spotlight
May 16, 2006
Antitrust in the Spotlight
Free Movement of Workers
European workers are now able to move more freely within the EU as transitional arrangements for the EU enlargement are eased.
Workers from the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia are now free to take employment in a number of additional EU Member States and benefit from the EU fundamental principle of free movement of workers, without having to apply for special work permits. Companies are consequently able to select from a considerable larger workforce when recruiting for some of their European business operations. More…

EU Trade Defense
European Commission changes its policy to permit anonymous anti-dumping complaints from European industries.
Normally, anti-dumping cases are initiated by trade associations or companies who are expressly identified in the Notices that the European Commission publishes in order to start their investigations. An EU anti-dumping investigation has now been initiated for the first time based on a complaint made by a group of companies that has been granted full anonymity. Hence no-one is actually identified as the petitioner in the proceedings. More�

Establishing Injury in US Antidumping Investigation Requires Specific Finding on Non-Subject Imports.
Because antidumping orders are issued on a country specific basis and few countries have a monopoly on anything, the issue of the impact of non-subject imports – those not being investigated but nonetheless present in the market – is one the International Trade Commission, or ITC, often faces. More�

The US Department of Transportation's Strengthening of Foreign Control Proposal May Make the Proposal More Attractive in the United States, but Not to Foreign Investors.
In an effort to appease the US Congress that may have killed prospects for a US-EU open skies agreement in 2006, the US Department of Transport (the "DOT") last week modified its foreign control proposal to permit majority US shareholders to revoke unilaterally their delegation of authority over commercial decisions to a non-US investor and reopened the comment period for 60 days. More�

USTR Releases 2006 Special 301 Report with Focus on Intellectual Property Rights (IPR) issues.
The Office of the US Trade Representative recently released its annual Special 301 Report which reviews the adequacy and effectiveness of IPR protection provided by US trading partners and identifies countries which need to take stronger measures to protect and enforce IPRs. More�

The US decision to ignore a World Trade Organization ("WTO") ruling on US gambling laws leaves questions unanswered for US relations with Antigua and Barbuda.
Although the US made a notification to the WTO that its laws were in compliance with the earlier ruling by the April 2006 deadline, the US statement was not based on changes to its domestic gambling laws and, rather, served as a mere reiteration of the US position during the course of the initial dispute. More�

The Swiss government recently approved an agreement which creates a US-Swiss Trade and Investment Cooperation Forum ("Forum").
The Forum, designed to strengthen US-Swiss trade and investment relations, marks an intermediate step on the path to developing a bilateral free trade agreement. More�

Export Control Alert – Draft China Catch All Rule Available.
Exporters are eager to learn the details of the Commerce Department's new "catch all" control on exports to China . Until now there has been only speculation. More�

Congress Moves Closer to New Iran Sanctions.
On April 27, 2006, the House of Representatives passed the Iran Freedom HR 282, a bill to amend the Iran and Libya Sanctions Act, or ILSA, by a vote of 397 to 21. More�

June 1, 2006
Crowell & Moring, Brussels office, to hold a series of simultaneous Roundtable discussions on European law issues, including EU and US Market Access Solutions and Strategies, EU Anti-Trust compliance and EU privacy law. More ...

June 1, 2006
Globalization Accelerates: Trade and Business Strategies for the Pacific Rim, Irvine, CA
Crowell & Moring and C&M International in affiliation with the California Council for International Trade (CCIT) will be presenting a seminar designed to help companies and individuals understand how globalization affects companies doing business in California and the Pacific Rim. More ...

International Antitrust Developments
Antitrust enforcement outside the US has grown at a rapid clip.
Many are familiar with European antitrust enforcement rules but Asia is not far behind. Japan has a new leniency program (similar to the US amnesty program) that went into effect on January 1, 2006. This new program can eliminate or reduce the fines for companies that have engaged in illegal price-fixing and other forms of cartel behavior. The catch is that to receive a reduced fine companies have to be one of the first companies to come into the Japan Fair Trade Commission and disclose their illegal behavior. Those who are participating in Japanese cartels now have incentive to blow the whistle on their illegal enterprise. A more detailed discussion of this new program can be found here. More�


Crowell & Moring LLP is a full-service law firm with more than 300 attorneys practicing in litigation, antitrust, government contracts, corporate, intellectual property and more than 40 other practice areas. More than two-thirds of the firm's attorneys regularly litigate disputes on behalf of domestic and international corporations, start-up businesses, and individuals. Crowell & Moring's extensive client work ranges from advising on one of the world's largest telecommunications mergers to representing governments and corporations on international arbitration matters. Based in Washington, DC, the firm has offices in Brussels, California and London. Visit Crowell & Moring online at

The information contained in this Bulletin is of a general nature and should not be construed as constituting legal advice. For specific legal advice on any of the issues mentioned in this Bulletin, please refer to the contact person identified as responsible for the item in question.

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