The document summarizes recent developments in China's trade remedy investigations and enforcement actions. It discusses China initiating its first countervailing investigation against imports from the US in 2009. It also describes methods China has adopted in recent cases, such as using product control numbers, sampling in injury investigations, determining normal value based on export prices to third countries, and developments in sunset review investigations. China appears to be gaining experience in applying trade remedies as both the initiator of investigations and the target of investigations by other countries like the US.
A report outlining the differences in the Biosimilar regulatory market betwee...MalavikaSankararaman
The document discusses key differences between the biosimilar markets in the EU and US. The EU approved its first biosimilar, Omnitrope, in 2006 and has since approved over 48 biosimilars, while the US approved its first, Zarxio, in 2015 and has approved only 11. The disparity is due to differences in regulatory pathways, interchangeability standards, and litigation procedures. The EU has a more established pathway under the EMA and allows for interchangeability through physician switching or pharmacist substitution, while the US pathway was only established in 2009 and has stricter interchangeability requirements. Patent litigation is also more complex and drawn out in the US compared to the centralized process in Europe.
This document examines the implications of the UK leaving the EU for public procurement relations between the UK and EU27. It assesses four models for their procurement relationship: the EEA model, the WTO GPA model, an "EEA-minus" approach, and a "GPA-plus" approach. It also notes issues that may need to be addressed in any withdrawal agreement, such as the status of EU27 firms in the UK and ongoing contracts and procedures. The analysis aims to outline the current EU procurement rules and assess how the different models and approaches could impact market access for EU27 firms.
New Amendments Introduced to European Union Competition Law Due to the Expira...Michal
On 7 June 2010, a conference under the title New Amendments Introduced to
European Union Competition Law Due to the Expiration of Block Exemption Regulations
took place at the Lazarski University in Warsaw.
The conference was opened by Professor Zbigniew Lasocik, the Dean of the Law
Faculty of the Lazarski University, who started his speech by introducing the University
and emphasizing the Faculty of Law’s aim to ensure high quality legal education.
UK Coagulation Testing Market: Innovative Technologies and Emerging Business ...ReportsnReports
This report provides an in-depth analysis of the UK coagulation testing market over the next ten years, including forecasts for test volumes, instrument and reagent sales, and market shares of major suppliers. It reviews 40 routine coagulation tests and nearly 50 leading analyzers, and identifies opportunities for suppliers in automated technologies, point-of-care testing, and emerging applications. The 409-page report is available for single-user purchase at US$5400 from the provided website.
Toward a Toxic Partnership - A critique of the EU position on chemicals under...v2zq
Toward a Toxic Partnership - A critique of the EU position on chemicals under the Trans-Atlantic Trade and Investment Partnership (TTIP) Agreement with the US ~ ciel.org
Italy Coagulation Testing Market: Innovative Technologies and Emerging Busine...ReportsnReports
This report provides a comprehensive analysis of the Italian coagulation testing market, including 10-year volume and sales forecasts for 40 coagulation procedures. It reviews current coagulation instrumentation technologies and major suppliers, and provides business opportunities and strategic recommendations for companies. The 402-page report costs a single-user license of US$5400 and is available for purchase from the provided website. It contains in-depth analysis of the Italian market structure, key players, technologies, and growth opportunities in coagulation testing.
The document provides an overview of cosmetics legislation in the European Union. It defines what constitutes a cosmetic product and outlines the key pieces of legislation that regulate cosmetics, including the Cosmetics Directive, General Product Safety Directive, and Regulation 1223/2009. It describes the responsibilities of responsible persons and distributors in ensuring compliance with product safety and information requirements.
A report outlining the differences in the Biosimilar regulatory market betwee...MalavikaSankararaman
The document discusses key differences between the biosimilar markets in the EU and US. The EU approved its first biosimilar, Omnitrope, in 2006 and has since approved over 48 biosimilars, while the US approved its first, Zarxio, in 2015 and has approved only 11. The disparity is due to differences in regulatory pathways, interchangeability standards, and litigation procedures. The EU has a more established pathway under the EMA and allows for interchangeability through physician switching or pharmacist substitution, while the US pathway was only established in 2009 and has stricter interchangeability requirements. Patent litigation is also more complex and drawn out in the US compared to the centralized process in Europe.
This document examines the implications of the UK leaving the EU for public procurement relations between the UK and EU27. It assesses four models for their procurement relationship: the EEA model, the WTO GPA model, an "EEA-minus" approach, and a "GPA-plus" approach. It also notes issues that may need to be addressed in any withdrawal agreement, such as the status of EU27 firms in the UK and ongoing contracts and procedures. The analysis aims to outline the current EU procurement rules and assess how the different models and approaches could impact market access for EU27 firms.
New Amendments Introduced to European Union Competition Law Due to the Expira...Michal
On 7 June 2010, a conference under the title New Amendments Introduced to
European Union Competition Law Due to the Expiration of Block Exemption Regulations
took place at the Lazarski University in Warsaw.
The conference was opened by Professor Zbigniew Lasocik, the Dean of the Law
Faculty of the Lazarski University, who started his speech by introducing the University
and emphasizing the Faculty of Law’s aim to ensure high quality legal education.
UK Coagulation Testing Market: Innovative Technologies and Emerging Business ...ReportsnReports
This report provides an in-depth analysis of the UK coagulation testing market over the next ten years, including forecasts for test volumes, instrument and reagent sales, and market shares of major suppliers. It reviews 40 routine coagulation tests and nearly 50 leading analyzers, and identifies opportunities for suppliers in automated technologies, point-of-care testing, and emerging applications. The 409-page report is available for single-user purchase at US$5400 from the provided website.
Toward a Toxic Partnership - A critique of the EU position on chemicals under...v2zq
Toward a Toxic Partnership - A critique of the EU position on chemicals under the Trans-Atlantic Trade and Investment Partnership (TTIP) Agreement with the US ~ ciel.org
Italy Coagulation Testing Market: Innovative Technologies and Emerging Busine...ReportsnReports
This report provides a comprehensive analysis of the Italian coagulation testing market, including 10-year volume and sales forecasts for 40 coagulation procedures. It reviews current coagulation instrumentation technologies and major suppliers, and provides business opportunities and strategic recommendations for companies. The 402-page report costs a single-user license of US$5400 and is available for purchase from the provided website. It contains in-depth analysis of the Italian market structure, key players, technologies, and growth opportunities in coagulation testing.
The document provides an overview of cosmetics legislation in the European Union. It defines what constitutes a cosmetic product and outlines the key pieces of legislation that regulate cosmetics, including the Cosmetics Directive, General Product Safety Directive, and Regulation 1223/2009. It describes the responsibilities of responsible persons and distributors in ensuring compliance with product safety and information requirements.
This report provides comprehensive information on the therapeutic development for Nicotine Addiction, complete with comparative analysis at various stages, therapeutics assessment by drug target, mechanism of action (MoA), route of administration (RoA) and molecule type, along with latest updates, and featured news and press releases. It also reviews key players involved in the therapeutic development for Nicotine Addiction and special features on late-stage and discontinued projects.
http://www.researchmoz.us/nicotine-addiction-pipeline-review-h1-2015-report.html
Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate We...Michal
The aim of this article is to analyse a powerful competence available to antitrust
authorities in Europe in the form of the imposition of fines for the failure to
cooperate within antitrust proceedings. While fines of that type are imposed in
practice very rarely, the article considers the existing decisional practice of the
Polish antitrust authority as well as the European Commission, and presents the
way in which their approach has evolved throughout the years. The article analyses
also the question of the formal initiation of proceedings concerning procedural
violations and the importance of the use of a uniform and fair approach towards
the scrutinized undertakings, especially as fine graduation is concerned. For that
purpose, the article provides also a comparative analysis of past proceedings
conducted by the European Commission and selected judgments of EU Courts.
The document discusses the challenges facing the follow-on biologics (FOB) market in the United States. It states that entry into the FOB market will be more difficult than expected, as companies will face high costs of market entry, potential physician reluctance to switch patients to biosimilars, price competition from branded products, and challenges with patent litigation. However, the document predicts the FOB market will eventually emerge and flourish, though it may grow more slowly than the generic small molecule market and biosimilars are unlikely to capture as much market share as quickly. Success in the FOB market will depend on getting products to market first and having the right strategies to navigate these challenges.
The document discusses recommendations from the Petrochemicals, Chemicals and Refining Working Group on regulatory issues in China. It provides 5 key recommendations: 1) Standardize penalties for pollutants to provide clearer guidance on compliance. 2) Optimize China's emissions trading system to encourage advanced technologies and establish fair allocation. 3) Reduce data requirements for notifying new chemical intermediates given their lower risk. 4) Promote legislation to clarify administration of hazardous chemicals and adopt international practices. 5) Take prudent steps in reforming consumption tax by involving experts and analyzing impacts.
The document summarizes key features of EU guidelines for cosmetic labelling and product information packages. It outlines requirements for labels to include the name and address of the responsible person, nominal content, expiration dates, precautions, batch numbers, ingredient lists, and more. It also describes the Cosmetic Product Notification Portal for notifying products and requirements for packaging to ensure safety. The guidelines aim to ensure high consumer protection standards across EU member states.
This report analyzes the US fluoropolymer market, including historical demand data from 2001-2011 and forecasts through 2021. It covers market size and growth for major fluoropolymer types (e.g. PTFE, PVDF), applications (e.g. coatings, mechanical parts), and end-use markets (e.g. industrial processing, construction). The report finds that demand is projected to increase 5.3% annually through 2016, with PTFE maintaining dominance but PVDF and PVF growing the fastest. Key end-markets driving growth are expected to be electrical/electronics and construction. The report also profiles major industry players and provides extensive data on historical trends and forecasts.
The test report summarizes the results of screening a sample of PVC insulation tape for substances of very high concern (SVHC). SGS screened the sample for 169 substances on the Candidate List of SVHC and found it to pass, containing ≤ 0.1% (w/w) of any listed substances. The report provides details on the testing methods, materials tested, and context regarding SVHC regulations for articles and substances in the European Union.
This document provides information for students entering Mrs. Tucker's 2nd grade classroom. It includes her contact information, background, educational philosophy, rules, grading policy, and daily activities like bellringers and quick checks. Mrs. Tucker aims to give students more independence over the course of the year to stretch their knowledge and teaches the importance of helping others through class projects.
This document provides a summary of Syed Muzammil's professional experience and qualifications. Syed has over 6 years of experience in finance and accounting roles, specializing in procure-to-pay processes. He has worked as a team lead at Ernst & Young since 2010, where he manages the procure-to-pay team and is responsible for accounts payable, procurement, and financial reporting. Syed holds a Bachelor's degree in Commerce with a focus on finance. He has skills in SAP, financial analysis, and accounts receivable/payable processes.
Taylor Mead has experience choreographing and teaching dance for various productions in Oregon between 2011-2015, including for the Oregon Musical Theatre Festival, Roseburg Senior High School, and Joseph Lane Middle School. Mead has a Bachelor's degree in Performing Arts from Western Oregon University and skills in tap, jazz, ballet, modern dance, choreography, lighting design, and musical performance. Mead also has experience as a freight manager and sales representative at Pier 1 Imports in Roseburg, Oregon.
The document summarizes China's regulations and procedures for countervailing investigations initiated by China's Ministry of Commerce (MOFCOM). Key points include:
- MOFCOM is the competent authority that conducts countervailing investigations, with its Bureau of Fair Trade for Imports and Exports investigating subsidies and Bureau of Industry Injury Investigation examining injury to domestic industry.
- Investigations follow procedures similar to anti-dumping investigations, including initiation, registration of interested parties, questionnaires, preliminary findings, price undertakings, hearings, on-site verifications, and final findings.
- Differences from anti-dumping investigations include requirements for government consent for price undertakings without government involvement and time periods for
This document provides an overview of China's anti-dumping regulations and investigation procedures. It describes that China's Ministry of Commerce (MOFCOM) is the competent authority that handles anti-dumping investigations against imported products. MOFCOM's Bureau of Fair Trade for Imports and Exports investigates dumping, while the Bureau of Industry Injury Investigation examines injury to the domestic industry. The document outlines the various stages of MOFCOM's investigation process, including initiation, questionnaires, preliminary and final findings, and emphasizes recent improvements in transparency.
Slide set from tutorial given at the Web3D 2015 conference in Heraklion Crete in June of 2015. It goes along with a video linked from http://www.web3d.org/working-groups/geospatial.
Teleperformance is a global leader in customer experience management that has been in business for almost 4 decades. It has over 311 contact centers across 65 countries, serving over 190,000 employees who interact with customers in over 75 languages annually through various channels. Teleperformance prioritizes employee satisfaction and development, striving to provide inspiring work environments and opportunities for growth, in order to ensure high quality customer experiences and strong client relationships. It is recognized as an industry leader by clients and analysts for its expertise, innovation, and commitment to excellence.
Este documento presenta extractos de varios artículos de la ley mexicana que establecen el marco legal para la capacitación en el lugar de trabajo en México. Los artículos describen el derecho de los trabajadores a recibir capacitación de sus empleadores, las responsabilidades de los empleadores para proporcionar capacitación, y los requisitos para establecer comisiones mixtas de capacitación y programas de capacitación en los contratos colectivos.
Regulatory aspect of pharamacutical packgingvineet gupta
There is no doubt that the regulatory climate is getting more restrictive for pharmaceutical products and it is likely that packaging for pharmaceuticals will have more and more constraints placed upon it.
The document summarizes three recent antitrust cases from the EU, Netherlands, and UK that focused on price signaling. The EU case involves container shipping companies publicly announcing price increases, while the Dutch case involved mobile phone operators making public statements about future pricing without internal decisions. In the UK case, cement producers were sending generic price announcement letters, which the regulator found could facilitate coordination. The cases demonstrate increased scrutiny of public announcements and signals about pricing, as regulators view them as potentially reducing competition.
1) In July 2012, the European Commission sent Statements of Objections to several pharmaceutical companies regarding potentially anticompetitive activities involving reverse payment patent settlements for the drugs citalopram and perindopril.
2) These are the Commission's first cases addressing reverse payment patent settlements, which the Commission believes can unnecessarily delay cheaper generic competition.
3) The Commission has long expressed concern about practices that extend the commercial life of drugs without generic competition, as shown in its 2009 inquiry into competition in the pharmaceutical sector.
The panel found that the EU Seal Regime constitutes a technical regulation under the TBT Agreement. It analyzed whether the regime accorded less favorable treatment to imported seal products compared to like domestic products, in violation of MFN and national treatment obligations.
The panel determined the IC exception was designed to exclude the majority of Canadian seal products. It found the distinction between commercial and IC hunts was legitimate given the cultural significance of IC hunts. However, the IC exception was not applied in an even-handed manner as it was only available to Greenland.
The panel also examined the MRM exception distinction between commercial and MRM hunts. It considered whether this distinction was rationally connected to the regime's objective
This report provides comprehensive information on the therapeutic development for Nicotine Addiction, complete with comparative analysis at various stages, therapeutics assessment by drug target, mechanism of action (MoA), route of administration (RoA) and molecule type, along with latest updates, and featured news and press releases. It also reviews key players involved in the therapeutic development for Nicotine Addiction and special features on late-stage and discontinued projects.
http://www.researchmoz.us/nicotine-addiction-pipeline-review-h1-2015-report.html
Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate We...Michal
The aim of this article is to analyse a powerful competence available to antitrust
authorities in Europe in the form of the imposition of fines for the failure to
cooperate within antitrust proceedings. While fines of that type are imposed in
practice very rarely, the article considers the existing decisional practice of the
Polish antitrust authority as well as the European Commission, and presents the
way in which their approach has evolved throughout the years. The article analyses
also the question of the formal initiation of proceedings concerning procedural
violations and the importance of the use of a uniform and fair approach towards
the scrutinized undertakings, especially as fine graduation is concerned. For that
purpose, the article provides also a comparative analysis of past proceedings
conducted by the European Commission and selected judgments of EU Courts.
The document discusses the challenges facing the follow-on biologics (FOB) market in the United States. It states that entry into the FOB market will be more difficult than expected, as companies will face high costs of market entry, potential physician reluctance to switch patients to biosimilars, price competition from branded products, and challenges with patent litigation. However, the document predicts the FOB market will eventually emerge and flourish, though it may grow more slowly than the generic small molecule market and biosimilars are unlikely to capture as much market share as quickly. Success in the FOB market will depend on getting products to market first and having the right strategies to navigate these challenges.
The document discusses recommendations from the Petrochemicals, Chemicals and Refining Working Group on regulatory issues in China. It provides 5 key recommendations: 1) Standardize penalties for pollutants to provide clearer guidance on compliance. 2) Optimize China's emissions trading system to encourage advanced technologies and establish fair allocation. 3) Reduce data requirements for notifying new chemical intermediates given their lower risk. 4) Promote legislation to clarify administration of hazardous chemicals and adopt international practices. 5) Take prudent steps in reforming consumption tax by involving experts and analyzing impacts.
The document summarizes key features of EU guidelines for cosmetic labelling and product information packages. It outlines requirements for labels to include the name and address of the responsible person, nominal content, expiration dates, precautions, batch numbers, ingredient lists, and more. It also describes the Cosmetic Product Notification Portal for notifying products and requirements for packaging to ensure safety. The guidelines aim to ensure high consumer protection standards across EU member states.
This report analyzes the US fluoropolymer market, including historical demand data from 2001-2011 and forecasts through 2021. It covers market size and growth for major fluoropolymer types (e.g. PTFE, PVDF), applications (e.g. coatings, mechanical parts), and end-use markets (e.g. industrial processing, construction). The report finds that demand is projected to increase 5.3% annually through 2016, with PTFE maintaining dominance but PVDF and PVF growing the fastest. Key end-markets driving growth are expected to be electrical/electronics and construction. The report also profiles major industry players and provides extensive data on historical trends and forecasts.
The test report summarizes the results of screening a sample of PVC insulation tape for substances of very high concern (SVHC). SGS screened the sample for 169 substances on the Candidate List of SVHC and found it to pass, containing ≤ 0.1% (w/w) of any listed substances. The report provides details on the testing methods, materials tested, and context regarding SVHC regulations for articles and substances in the European Union.
This document provides information for students entering Mrs. Tucker's 2nd grade classroom. It includes her contact information, background, educational philosophy, rules, grading policy, and daily activities like bellringers and quick checks. Mrs. Tucker aims to give students more independence over the course of the year to stretch their knowledge and teaches the importance of helping others through class projects.
This document provides a summary of Syed Muzammil's professional experience and qualifications. Syed has over 6 years of experience in finance and accounting roles, specializing in procure-to-pay processes. He has worked as a team lead at Ernst & Young since 2010, where he manages the procure-to-pay team and is responsible for accounts payable, procurement, and financial reporting. Syed holds a Bachelor's degree in Commerce with a focus on finance. He has skills in SAP, financial analysis, and accounts receivable/payable processes.
Taylor Mead has experience choreographing and teaching dance for various productions in Oregon between 2011-2015, including for the Oregon Musical Theatre Festival, Roseburg Senior High School, and Joseph Lane Middle School. Mead has a Bachelor's degree in Performing Arts from Western Oregon University and skills in tap, jazz, ballet, modern dance, choreography, lighting design, and musical performance. Mead also has experience as a freight manager and sales representative at Pier 1 Imports in Roseburg, Oregon.
The document summarizes China's regulations and procedures for countervailing investigations initiated by China's Ministry of Commerce (MOFCOM). Key points include:
- MOFCOM is the competent authority that conducts countervailing investigations, with its Bureau of Fair Trade for Imports and Exports investigating subsidies and Bureau of Industry Injury Investigation examining injury to domestic industry.
- Investigations follow procedures similar to anti-dumping investigations, including initiation, registration of interested parties, questionnaires, preliminary findings, price undertakings, hearings, on-site verifications, and final findings.
- Differences from anti-dumping investigations include requirements for government consent for price undertakings without government involvement and time periods for
This document provides an overview of China's anti-dumping regulations and investigation procedures. It describes that China's Ministry of Commerce (MOFCOM) is the competent authority that handles anti-dumping investigations against imported products. MOFCOM's Bureau of Fair Trade for Imports and Exports investigates dumping, while the Bureau of Industry Injury Investigation examines injury to the domestic industry. The document outlines the various stages of MOFCOM's investigation process, including initiation, questionnaires, preliminary and final findings, and emphasizes recent improvements in transparency.
Slide set from tutorial given at the Web3D 2015 conference in Heraklion Crete in June of 2015. It goes along with a video linked from http://www.web3d.org/working-groups/geospatial.
Teleperformance is a global leader in customer experience management that has been in business for almost 4 decades. It has over 311 contact centers across 65 countries, serving over 190,000 employees who interact with customers in over 75 languages annually through various channels. Teleperformance prioritizes employee satisfaction and development, striving to provide inspiring work environments and opportunities for growth, in order to ensure high quality customer experiences and strong client relationships. It is recognized as an industry leader by clients and analysts for its expertise, innovation, and commitment to excellence.
Este documento presenta extractos de varios artículos de la ley mexicana que establecen el marco legal para la capacitación en el lugar de trabajo en México. Los artículos describen el derecho de los trabajadores a recibir capacitación de sus empleadores, las responsabilidades de los empleadores para proporcionar capacitación, y los requisitos para establecer comisiones mixtas de capacitación y programas de capacitación en los contratos colectivos.
Regulatory aspect of pharamacutical packgingvineet gupta
There is no doubt that the regulatory climate is getting more restrictive for pharmaceutical products and it is likely that packaging for pharmaceuticals will have more and more constraints placed upon it.
The document summarizes three recent antitrust cases from the EU, Netherlands, and UK that focused on price signaling. The EU case involves container shipping companies publicly announcing price increases, while the Dutch case involved mobile phone operators making public statements about future pricing without internal decisions. In the UK case, cement producers were sending generic price announcement letters, which the regulator found could facilitate coordination. The cases demonstrate increased scrutiny of public announcements and signals about pricing, as regulators view them as potentially reducing competition.
1) In July 2012, the European Commission sent Statements of Objections to several pharmaceutical companies regarding potentially anticompetitive activities involving reverse payment patent settlements for the drugs citalopram and perindopril.
2) These are the Commission's first cases addressing reverse payment patent settlements, which the Commission believes can unnecessarily delay cheaper generic competition.
3) The Commission has long expressed concern about practices that extend the commercial life of drugs without generic competition, as shown in its 2009 inquiry into competition in the pharmaceutical sector.
The panel found that the EU Seal Regime constitutes a technical regulation under the TBT Agreement. It analyzed whether the regime accorded less favorable treatment to imported seal products compared to like domestic products, in violation of MFN and national treatment obligations.
The panel determined the IC exception was designed to exclude the majority of Canadian seal products. It found the distinction between commercial and IC hunts was legitimate given the cultural significance of IC hunts. However, the IC exception was not applied in an even-handed manner as it was only available to Greenland.
The panel also examined the MRM exception distinction between commercial and MRM hunts. It considered whether this distinction was rationally connected to the regime's objective
This contribution aims to present an overview of significant cases decided by,
or pending before, European Community institutions since Poland’s accession
to the European Union (EU). This approach imposes constraints on the level
of detail in the case summaries presented. It is the author’s intention to focus
on a narrower selection of decisions and developments allowing Polish readers
to place the decisions related to Poland in a broader context.
The document summarizes the European Commission's investigation into alleged obstacles to generic drug market entry in the pharmaceutical sector from 2000 to 2007. The inquiry found that originator companies employed strategies like patent clusters and litigation to extend market exclusivity periods and delay generic entry. On average, it took 7 months after loss of exclusivity for generics to enter the market. The Commission concluded that some company behaviors pursued patent protection primarily to prevent or delay generic competition rather than establish legal rights.
2. changes to the uk cartel offence – be careful what you wish forMatias González Muñoz
The document discusses changes made to the UK's criminal cartel offense in 2014. It notes that prior to 2014, a person had to act dishonestly to be found guilty of the offense, but the requirement of dishonesty was removed. The document argues that removing dishonesty may not actually make prosecutions easier, as dishonesty had not been clearly shown to prevent past prosecutions. It also notes dishonesty helped distinguish between innocent business agreements versus attempts to deliberately defraud. The changes could potentially criminalize normal business discussions rather than just sanctioning intentionally fraudulent cartel activity.
This newsletter includes brief reports about the initiatives taking place within the OECD-Korea Policy Centre Competition Programme. It includes overviews of meetings held by the OECD in Paris and provides an opportunity for participating economies from the Asia-Pacific region to exchange their latest experiences on competition law and policy issues.
News, case studies and articles from Asian-Pacific competition authorities are welcome. If you have material that you wish to be considered for publication in this newsletter, please contact ajahn@oecdkorea.org.
This presentation by Duncan Matthews was made during the Workshop on Recent Challenges in Competition and IP in Pharmaceutical Markets on 26 February 2019. More material on the workshop can be found at www.oecd.org/daf/competition/workshop-on-recent-challenges-in-competition-and-ip-in-pharmaceutical-markets.htm
By Prof. Wang Xiao Ye (ACI's China Antitrust Conference Keynote Speaker) & Adrian Emch
ACI's 2nd Advanced Conference on China Antitrust
第二届中国反垄断高级研讨会
Tuesday, September 20 to Wednesday, September 21, 2016
Marriott Shanghai City Centre, Shanghai
AmericanConference.com/ChinaAntitrust
The document discusses two trade disputes that involved issues of non-discrimination and national treatment:
1) The "Banana War" dispute between the EU and several Latin American and US complainants regarding tariff rate quotas imposed on banana imports that favored African, Caribbean, and Pacific countries over others.
2) The "Korean Soju" case where the EC complained that Korean liquor tax and education tax laws favored domestic soju over imported spirits like whiskey and vodka, protecting the local industry in violation of national treatment. Both disputes centered on principles of equal treatment between domestic and foreign goods.
The document discusses several trade disputes that involved allegations of countries violating principles of non-discrimination and free trade under WTO agreements. The banana dispute involved the EU charging lower import duties on bananas from African nations compared to other countries. The Soju dispute involved Korea taxing imported spirits like whiskey at higher rates than the domestic Soju drink. The Canadian dairy dispute involved the US and New Zealand arguing that Canada's policy of allowing export processors to purchase milk at lower prices than domestic buyers constituted an illegal export subsidy.
This presentation by John Davies Freshfields was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
The document discusses judicial review of competition cases in the EU. It summarizes that the EU system relies on administrative enforcement by the Commission, but this has faced increased criticism due to higher fines. The legality of the system has been challenged, but the European Court of Human Rights and EU courts have found it legal due to the General Court having unlimited jurisdiction to review Commission decisions. However, the courts expect to conduct a full review of both factual and legal findings, not just review legitimacy, and have reduced some fines based on this expanded review.
The document discusses two trade disputes that involved issues of non-discrimination and national treatment under WTO agreements. The first was the "Banana War" between the EU and Latin American countries regarding tariffs placed on banana imports. The second was a dispute between the EU and South Korea over taxes placed on imported alcoholic beverages compared to domestic soju. In both cases, the complaining countries argued that the policies discriminated against their exports in violation of WTO non-discrimination principles.
The document discusses two trade disputes - the Banana War between the EC and Latin American countries, and the Korean Soju case between the EC and South Korea.
In the Banana War, the EC charged lower import duties on bananas from African, Caribbean, and Pacific countries than from Latin America. The US, Ecuador, Guatemala and Honduras complained this violated the MFN principle of non-discrimination between countries. The WTO appellate body found in favor of the complaining countries.
In the Korean Soju case, Korean tax laws favored the domestic spirit Soju over imported spirits like whiskey and vodka. The EC argued this violated the national treatment principle of non-discrimination within a country. The W
The BBFC classifies films and videos in the UK according to age ratings and provides context about why films receive certain ratings. The BBFC was founded in 1912 and has statutory authority over video and DVD classification. The Advertising Standards Authority regulates advertising across all media in the UK and acts on misleading or harmful ads. PEGI provides age ratings for video games in Europe and became the sole ratings system for video games in the UK in 2012. The Press Complaints Commission was replaced by the Independent Press Standards Organisation in 2014 as the independent regulator for newspapers and magazines in the UK.
This newsletter includes brief reports about the initiatives taking place within the OECD-Korea Policy Centre Competition Programme. It includes overviews of meetings held by the OECD in Paris and provides an opportunity for participating economies from the Asia-Pacific region to exchange their latest experiences on competition law and policy issues.
News, case studies and articles from Asian-Pacific competition authorities are welcome. If you have material that you wish to be considered for publication in this newsletter, please contact ajahn@oecdkorea.org.
The document summarizes a presentation given in Albania on the review and remedies procedure in Croatia's public procurement system. It discusses Croatia's State Commission for Supervision of Public Procurement and highlights some of its recent cases. It also examines the importance of the Commission's decisions, lessons learned from EU court decisions, and perceptions of and challenges in building trust in public procurement systems.
Presentation by Zoran Blazevic, SIGMA Expert, Croatia
China aticle 2010
1. The Handbook of
Trade Enforcement
A Global Competition Review special report
published in association with:
RayYin & Partners Lawyers
2010
www.globalcompetitionreview.com
2. www.globalcompetitionreview.com 43
china
C
Overview
Lin Yang
RayYin & Partners Lawyers
The countervailing investigations against
imports from the US
The most remarkable event in 2009 was the
escalation of the dispute between the US and
China over a series of trade remedy cases.
On 1 June 2009, MOFCOM announced the
initiation of anti-dumping and countervailing
investigations on grain-oriented flat-rolled
electrical steel originating in the US. This was
the first countervailing investigation initiated
by MOFCOM, and also the first case in which
MOFCOM conducted anti-dumping and
countervailing investigations simultaneously in
the same case. It is not surprising that the US
was chosen as the target for this first case, as
to date it has initiated 24 combined AD and
CVD investigations against various imported
products from China, after it changed its long-
standing policy of not conducting countervailing
investigations against imports from non-market
economy countries. It initiated its first CVD
investigation against coated paper imported from
China in 2006.
On 12 September 2009, President Obama
announced his decision to impose a 35 per cent
tariff on automobile and light-truck tyres imported
from China, despite China’s strong opposition.
China regards this decision as a clear violation
of the rules of the World Trade Organization
and the commitments of not undertaking new
trade protectionism made at the G-20 financial
summit. MOFCOM immediately initiated an AD
and CVD investigation against chicken imported
from the US on 27 September, and another AD
and CVD investigation against imported cars on
6 November.
The irony is that although countervailing
investigation is new to MOFCOM, it has already
obtained extensive experience of US cases because
it is obliged to reply to CVD questionnaires issued
by its US counterpart for foreign governments.
MOFCOM is now relishing the opportunity for
retaliation.
Although in the above three cases MOFCOM
combined AD and CVD investigations in the same
case, they are in fact two separate investigations.
MOFCOM has separate case numbers, separate
investigation teams, separate registrations,
separate questionnaires and separate hearings
and disclosures. In the grain-oriented flat-rolled
electrical steel case, the case findings of AD and
CVD investigations were consolidated, while
in the chicken case the preliminary findings of
the AD investigation were made separately on 5
February 2010.
Adoption of product control numbers
In the anti-dumping investigation into iron or steel
fasteners originating in the EU, MOFCOM for
the first time adopted the use of product control
numbers (PCNs) in its dumping investigation
questionnaire. Respondents are required to create
a PCN for each product model according to the
given product characteristics of the PCN. The
PCN is then used to make comparisons between
prices and costs of the products sold in different
markets or by different respondents.
It is usually a difficult task for the
investigators to determine the appropriate product
characteristics of the PCN for their investigation;
MOFCOM, however, did not face a real challenge
in its first case. As redress for the EU’s fasteners
case, the product scope under investigation in
MOFCOM’s fasteners case is exactly same as in
the EU’s case; MOFCOM has essentially copied
the PCN of its EU counterpart. Only one new
characteristic has been invented by MOFCOM:
the requirement for HS codes to be the first
characteristic of a PCN. This innovation is not
consistent with normal anti-dumping practice. As
the product scope under investigation is defined
by narrative description, the relevant HS codes
are only for reference. By including HS codes
as a characteristic of PCNs, HS codes become a
binding definition of the product’s scope.
In the anti-dumping investigation into
polyamide 6 originating in the US, EU, Russia and
Taiwan, MOFCOM used PCNs for the second
time. In this investigation MOFCOM was more
experienced with the PCN method. It requested the
petitioners to propose the product characteristics
of the PCN, then invited the respondents to
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make comments on the petitioners’ proposal.
The petitioners were also given the chance to
make counter-comments. After this procedure,
MOFCOM finalised the product characteristics
of the PCN and issued the questionnaire.
The sampling method in injury investigations
In the fasteners case, a total of 46 Chinese
manufacturers responded to MOFCOM’s sampling
questionnaire and expressed their willingness
to be sampled. MOFCOM decided to select
15 manufacturers with the largest production
quantity as sample companies. It was the first time
that MOFCOM has used the sampling method in
its injury investigation, which is provided in article
24 of Provisions on the Antidumping Investigation
of Industry Injury. The problem was that after
the initiation notice of the fasteners case, only
three Chinese manufacturers filed the appearance
registration with MOFCOM and only one of
them was been included in the sample. According
to MOFCOM’s previous practice, only registered
manufacturers are entitled to participate in the
subsequent investigation, including receiving the
questionnaire and submitting the reply. For this
reason the sampling decision in the fasteners
case does not seem consistent with MOFCOM’s
previous practice.
Normal value determined by export price to
third country
In the final determination of 1,4-butanediol
originating in Saudi Arabia and Taiwan on 24
December 2009, for the first time MOFCOM
used the export price to a third country to
calculate the normal value.
According to article 4 (2) of Regulations of
the People’s Republic of China on Antidumping,
where there are no sales in the domestic market,
or the price and the quantity of such sales
do not permit a fair comparison, the normal
value could be calculated by the export price
to an appropriate third country or the cost of
production plus a reasonable amount for expenses
and profits. In all its previous investigations,
MOFCOM only calculated the normal value
from the cost of production plus a reasonable
amount for administrative, selling and general
costs and profit. One basic consideration of the
previous practice is that if the exporter dumps its
product in China, it can also dump its product
in other third countries; thus MOFCOM prefers
to construct the normal value with the submitted
cost and profit data of the respondents.
In the preliminary determination of the 1,4-
butanediol case, MOFCOM first decided to select
the EU as an appropriate third country after
comparing the product similarity, sales quantity
and other market conditions such as average
sales quantity of single transactions, transaction
terms and sales channels between EU and Chinese
markets. The respondent argued that there were
some special market conditions in the EU market,
such as market monopolisation, long-term supply
contracts and strong euro appreciation against
the US dollar. These special market conditions
did not grant a fair comparison between the EU
and Chinese markets. In the final determination,
MOFCOM accepted such argument and selected
Japan as an appropriate third country.
Recent developments in sunset review
investigations
In the final determination of the sunset review
of acrylate esters originating in Korea, Malaysia,
Indonesia and Singapore on 8 April 2009,
MOFCOM determined not to continue the
anti-dumping measure on imports from Korea
while continuing the anti-dumping measure
on imports from the other three countries.
The only manufacturer of acrylate esters in
Korea participated in the investigation, thus
MOFCOM determined that this manufacturer
could represent the whole Korean acrylate esters
industry. By analysing its questionnaire response,
MOFCOM concluded that this manufacturer
did not dump its product during the period of
review. Furthermore, MOFCOM investigated the
capability of increasing exports, exports to China
and exports to third countries and concluded
that there was no obvious possibility of trade
diversion after the termination of the anti-
dumping measure on imports from Korea. This
was the first time that MOFCOM had excluded
a country under investigation in the sunset review
while maintaining the anti-dumping measure on
other countries under investigation.
Like its EU counterpart, MOFCOM did
not revise the dumping margins in the sunset
review. Moreover, MOFCOM did not accept any
applicationofinterimreviewornewshipperreview
before the sunset review because MOFCOM
considered such review investigation may overlap
with the subsequent sunset review and may in
4. china
www.globalcompetitionreview.com 45
C
fact revise the existing dumping margins. In the
phenol case, it seems that MOFCOM has broken
away from its previous practice.
On 31 July 2008, MOFCOM issued a notice
of the expiration of the anti-dumping measures
on phenol originating in Japan, Korea, US
and Taiwan. On 14 January 2009, a Taiwan
manufacturer filed an application for a new
shipper review. On 31 January 2009, MOFCOM
initiated the sunset review of the phenol case,
and on 2 March 2009, MOFCOM initiated the
new shipper review of the Taiwan manufacturer.
On 1 December 2009, MOFCOM issued the
final decision in the new shipper review and
determined an individual anti-dumping duty to
the Taiwan manufacturer. On 30 January 2010,
MOFCOM issued the final determination of the
sunset review of the phenol case, and decided
to continue the existing anti-dumping measures,
including the new anti-dumping duty granted to
the Taiwan manufacturer. It is unclear whether
this review and revision of an existing anti-
dumping margin by combining a new shipper
review with a sunset review is just an exception
or signals a MOCOM policy change.
In three recent sunset review cases initiated
in 2009, some countries subject to the original
investigation were excluded from the sunset
review. On 13 November 2009, MOFCOM
initiated the sunset review of monoethanolamine
and diethanolamine originating in Japan, the
US, Malaysia and Taiwan. In the original
investigation, Iran and Mexico were also under
investigation, however MOFCOM decided to
end the anti-dumping measures on these two
countries because the petitioners did not request
these two countries to be reviewed. Similarly,
in the sunset review notice of the chloroform
case on 29 November 2009 and the optical fibre
case on 31 December 2009, MOFCOM decided
to end the anti-dumping measures on imported
chloroform from India and imported optical
fibre from the US because the petitioners did not
request India and the US to be reviewed.
RayYin & Partners Lawyers
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RayYin & Partners PRC Lawyers is a professional legal service team consisting
of lawyers and consultants from Beijing RayYin & Partners and Guangdong
RayYin & Partners based in Shenzhen. Over the years, RayYin & Partners has
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service market.
Most of our partners and associates have many years of hands-on
experience of overseas study or practice. With outstanding legal expertise
in their respective fields, passion for legal practice, accurate understanding
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We have represented clients in diverse industries and geographical regions,
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and non-government organisations, foreign enterprises, commercial banks,
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The firm’s trade team has extensively advised on and conducted
anti-dumping, countervailing and safeguard cases, and matters concerning the
application of WTO Agreements. Mr Lin Yang is the head of the firm’s trade
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We are the first PRC member firm of Lawyers Associated Worldwide.
5. about the authors
www.globalcompetitionreview.com 91
Lin Yang
RayYin & Partners Lawyers
Lin Yang is the head of the trade team of RayYin &
Partners Lawyers in Beijing. He has been focusing
on anti-dumping practice and research since 1998.
Mr Yang has extensive experience on advising
Chinese clients in the anti-dumping investigations
initiated by the investigation authorities of other
WTO members such as the US, EU, Korea, Turkey,
India, Pakistan, Canada, Indonesia, South Africa,
Thailand and Israel. His clients include the leading
manufacturers and exporters in numerous exports-
oriented industries in China. Mr Yang has advised
the Ministry of Commerce of China in the first
‘China Safeguard’ case initiated by Turkey. Mr
Yang also represents multinationals such as Bayer,
MeadWestvaco, Pilgrim’s Pride Corporation, Ford
and INVISTA in the anti-dumping investigations
initiated by the Ministry of Commerce of China,
providing services in connection with response
to questionnaires, on-the-spot verification, non-
injury defence and price-undertaking negotiations.
Mr Yang has been recommended by Legal 500,
Chambers and Who’s Who Legal since 2004 for
his outstanding anti-dumping practice in China.
Mr Yang contributes significant time to the
research of Chinese anti-dumping laws, and
regularly publishes articles in many industrial media
in China.