Showing papers by "Jones Day published in 2010"

The US DoJ and the FTC propose revisions to the horizontal merger guidelines

Abstract: Last week, the United States federal antitrust agencies-the Department of Justice Antitrust Division and the Federal Trade Commission-released proposed revisions to the Horizontal Merger…

Is the M&A market back?

Abstract: Much has been written about the slower pace of mergers and acquisitions (M&As) in the last few years. But in the third quarter of 2009, many potential deals were announced. Does this signal an end to the M&A slowdown? © 2010 Wiley Periodicals, Inc.

The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations

Abstract: This article has been nominated by the Business Steering Committee for the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more…

The US FTC announces revised thresholds for the prohibition on interlocking directorates under Section 8 of the Clayton Act

Abstract: On January 19, 2010 the Federal Trade Commission announced revised thresholds for Hart-Scott-Rodino ("HSR") Premerger Notification filings and for the jurisdictional thresholds that trigger the…

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)

Abstract: Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment…

Arbitrability of Intellectual Property Disputes in France

Abstract: Litigation involving intellectual property rights occurs frequently in France. Although parties may wish to have recourse to arbitration in order to settle their disputes, insecurity remains as long as parties can easily challenge the jurisdiction of the arbitrators by putting forward arguments relating to the existence of the intellectual property right. The French judiciary recently took a step towards circumventing this difficulty in a case involving a patent. This decision may also have an impact on the issues related to other forms of intellectual property rights.

Lurking around the Corner: The Unknowns in Dodd-Frank

Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is the most comprehensive regulatory reform undertaken of the U.S. financial services industry and financial markets since the Great Depression. Much has already been written about this Act. However, given its enormous complexity and sheer size, many questions still remain. The Act is littered with ambiguities. In addition, significant provisions of Dodd-Frank delegate to regulatory bodies such as the SEC and CFTC the responsibility to issue implementing rules and regulations. This article focuses on the provisions of Dodd-Frank that impact the world of structured finance including the regulation of derivatives markets, swap dealers and major swap participants; the new clearing requirements; the changes to the securitization market; and the limitations being imposed on the derivatives activities of depository institutions. The article outlines what we already know about these provisions of Dodd-Frank. More importantly, the article discusses what we still don’t know and what still remains ambiguous under the Act and outlines the rules and regulations that must still be issued under the Act to address these unknowns and the ambiguities.

Developments in Insider Trading: Lessons from Recent SEC Enforcement Failures and Successes

Abstract: Currently front page news, insider trading is a topic that demands renewed attention by traders, as well as employees with inside information about their employers. In the past few years, the SEC has intensified its already considerable efforts to enforce the insider trading laws. These increased efforts are highlighted by the SEC’s far-ranging prosecution of alleged insider trading relating to the Galleon Group, including corporate insiders who purportedly tipped traders. They are also evident in the SEC’s recent extension of the insider trading laws to debt securities and credit default swaps, which are not generally traded in the United States via regulated securities exchanges and which were traditionally considered to be outside the reach of the insider trading laws. However, the SEC’s zeal in pursuing insider trading cases stands in contrast to the recent dismissal of insider trading claims against two former managers of Bear Stearns’ hedge funds and, in a separate case, Mark Cuban. As the Cuban case indicates, the complex case law circumscribes the reach of the insider trading laws, sometimes arbitrarily. This article analyzes the tension between these case-law constraints and expansive SEC enforcement. Because of this tension, more than one answer can be given to the question—What is the law on insider trading?—depending on whether the question is posed from a litigation or compliance perspective.