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Vol. I: Issue 15 - October 4, 2006

EU FINES FOR ANTI-COMPETITIVE BEHAVIOUR
The European Union has adopted new guidelines which change the way that fines for anti-competitive conduct are calculated.
In common with many other countries – including the United States – the European Union regularly imposes financial penalties on companies that are found to contravene the EU's anti-trust laws. The European Union has now reformulated the way it calculates these fines in order to maximize fines for the bigger players and to increase the level of fines imposed for long-standing anti-competitive practices. More…

E-DISCOVERY
E-Discovery Amendments to FRCP Become Effective December 1, 2006.
Having been approved by the United States Supreme Court , the proposed amendments to the Federal Rules of Civil Procedure concerning the discovery of electronically stored information will take effect on December 1, 2006. More…


Divisions at the World Intellectual Property Organization May Halt Work on Global IP Reform. Discussions on two key global trade-related IP reform initiatives – a global patent law treaty and a broadcaster rights treaty to address concerns related to developments in digital technology and the Internet have basically come to a standstill due to continuing divisions among members of the World Intellectual Property Organization (“WIPO”). More…



With news reports of Iran's continuing defiance of UN demands to cease enrichment activity, and with negotiations dragging on with no schedule or framework, Congress has moved to increase the pressure on Iran, approving legislation just before departing for the election recess. More…



Classification Review Update.
In the last issue, we talked about the complexity of tariff classification of imported merchandise, as well as the dividends that periodic re-analysis of classification can pay. More…


Reversal of India's Coke and Pepsi Ban Raises Investment Questions. Earlier last week, the High Court of Kerala, the supreme judiciary authority in India's southwest state of Kerala, quashed the state government's directive calling for the complete ban on the sale and production of Coke and Pepsi. More…



The EU uses China's WTO Transitional Review Mechanism exercise as an opportunity to tackle barriers to trade for European industries and enterprises. At the forthcoming WTO Market Access Committee meeting in Geneva, the EU will raise a significant number of barriers to trade between the two major trading partners which the EU insists are no longer justified after China's accession to the WTO. More…



U.S. legislation that has been declared inconsistent with WTO rules by the WTO Appellate Body does not prevent criminal charges being brought against private individuals promoting gambling over the Internet. More…


The EU has reached an agreement with seventeen other World Trade Organization (“WTO”) members on binding EU commitments for trade in services. More…



Japan Continues to Expand Its Free Trade Agreements (FTA) Network. Is a U.S.-Japan FTA on the Horizon? After being a relative late-comer to bilateral free trade agreements, Japan recently announced an agreement on the framework for a new FTA with Chile, as well as the commencement of a preliminary study for a free trade agreement with Australia. More…



October 25, 2006
Are You Ready for E-Discovery Under The New Federal Rules? A Roundtable event. More...

October 26, 2006
Crowell & Moring LLP with AeA and CCIT present Globalization's New Road Map: Best Practices and Policies for Growing and Protecting Your International Business. More...


ENLARGEMENT TO THE EU-27
The European Commission confirms that Bulgaria and Romania may enter the European Union as of 1 January 2007.
As future members of the European Union, Bulgaria and Romania will be required to apply the EU common external tariffs for goods imported from third countries. Temporary restrictions are, however, being anticipated. More…

COMPENSATION FOR U.S. CORPORATIONS STEMMING FROM EU ENLARGEMENT
The Office of the U.S. Trade Representative (“USTR”) is requesting U.S. exporters of goods and services to notify them of any adverse commercial implications that may arise as a result of the accession of Bulgaria and Romania to the European Union. Since both Bulgaria and Romania will adopt the EU's common external tariff for goods imported from the United States, as well as a host of regulatory measures governing trade in goods and the supply of services, compensation may be requested. 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 www.crowell.com.

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