Antitrust and trade regulation updates from around the world.

In the December 2006 issue of China Outbound, we provided several reasons why Germany has become the number one destination for Chinese companies establishing operations in Europe and described some of the main legal parameters for German M&A investment by a Chinese investor.

Congress passed and sent on July 26, 2008 to the President for his signature the Housing and Economic Recovery Act of 2008 (the Act), which will become effective on the date the President signs the bill (Effective Date).

According to a recent survey of top executives from the largest Chinese companies, Germany is the number one destination for Chinese companies establishing operations in Europe. The reason: favorable conditions that suit international first-timers.

Business method patents are patents directed to new ways of doing business.

Global beer conglomerate InBev, S.A. has announced that it received a request for additional information, or “Second Request,” from the United States Department of Justice (DOJ) relating to its planned acquisition of Anheuser-Busch, Inc.

The presidential campaign is heating up, but a different campaign is also rapidly gaining momentum: the campaign for paid sick leave.

The Court of First Instance (CFI) has upheld the European Commission’s decision against members of a carbonless paper price-fixing cartel, but reduced the fines imposed by the Commission on two cartel members. Carbonless paper, otherwise known as self-copying paper, is used to create duplicate documents.

Given the global credit crunch and concerns regarding demand for China’s exports, the government recently announced an RMB4 trillion (US$585 billion) domestic infrastructure spending package designed to stabilize China’s economic growth rate.

Intellectual property practitioners and owners are awaiting what could be a revolutionary decision from the United States Supreme Court in KSR International Co. v. Teleflex, Inc., a challenge to the Federal Circuit Court of Appeals’ teaching-suggestion-motivation test for determining obviousness.

Federal Trade Commission (FTC) Chairman, Deborah Platt Majoras, has announced her decision to leave the FTC in late March. Majoras was appointed by President George W. Bush and served as FTC Chairman for over four and half years.

On December 11, 2007 the State Council, Ministry of Finance ("MOF") and State Administration of Taxation ("SAT") jointly issued Enterprise Income Tax Law Detailed Implementation Rules ("Implementation Rules").

The US Court of Appeals for the DC Circuit has overturned the Federal Trade Commission's (FTC) administrative ruling against technology licensing company Rambus Inc., remanding the case to the FTC for further proceedings.

Antitrust and trade regulation updates from the European Union, Around the World and the United States

Residence: IR20 Judicial Review It is well known that Mr Gaines-Cooper is challenging the refusal by HMRC to apply the practice set out in their booklet IR20 on residence. Mr Gaines-Cooper had taken the trouble to make sure that his visits to the United Kingdom were below the 91-day limit contained in IR20 – the terms of which had remained pretty much unchanged for decades – and he therefore considered that he should be regarded as nonresident.

On September 18, 2008 the State Council promulgated the “Regulations on the Implementation of the Labor Contract Law of the People’s Republic of China” (the “Rules”) which complement the Labor Contract Law (the “LCL”) that went into effect on January 1, 2008.

A mountain of amendments has been made to the Finance Bill proposals on the remittance basis. Some serious criticism has been made of the Chancellor’s proposals both by the House of Commons Treasury Committee and by the House of Lords – but I don’t think anybody is taking any notice.

HMRC have issued another list of Frequently Asked Questions. Many of these questions and answers are entirely straightforward and unremarkable, but the clarification of some points is extremely helpful.

A mountain of amendments has been tabled to the Finance Bill proposals on the remittance basis. Some serious criticism has been made of the Chancellor’s proposals, both by the House of Commons Treasury Committee and by the House of Lords – but I don’t think anybody is taking any notice. The amendments are nearly all highly technical and designed to make the legislation coincide with explanatory notes provided by HMRC.