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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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United States | Publication | August 11, 2020
On August 11, 2020, the US Customs and Border Protection (CBP) published a notification requiring that all goods produced in Hong Kong and entered or withdrawn from warehouse for consumption into the United States after September 25, 2020, must — under Section 304 of the Tariff Act of 19301 — be marked as a product of China. CBP's shift in policy is an outgrowth of President Trump's July 14, 2020, Executive Order on Hong Kong Normalization, which suspended Hong Kong's special trade status under section 201(a) of the United States-Hong Kong Policy Act of 1992.2
Significantly, CBP's notification does not reference whether goods produced in Hong Kong will become subject to Section 301 tariffs or antidumping/countervailing duties that are currently imposed by the United States on a broad spectrum of Chinese-origin goods. Although CBP's website still includes guidance that such tariffs do not apply to goods manufactured in Hong Kong, we anticipate additional guidance on this point from CBP or the USTR in the near future.
We will continue to monitor these, and related, developments closely and publish additional updates, as appropriate.
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
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On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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