Tag Archives: Department of Justice

Potential Antitrust Implications of Most Favored Nation Clauses

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive, cost-saving benefits including efficiencies in negotiations; buyers need not haggle for the last nickel in cost reduction when an MFN clause … Continue reading this entry

The High Cost of an FCPA Violation

Violations of the Foreign Corrupt Practices Act (“FCPA”) can lead to hefty penalties. Indeed, individuals who violate the FCPA, and their employers, could be on the hook for a variety of penalties described below. Businesses need to be aware of these potential consequences in order to appropriately perform risk-based analyses and determine what level of … Continue reading this entry

Why It's Wise to Pay Attention to Your FCPA Compliance

Companies in the automotive industry would be wise to pay attention to Foreign Corrupt Practices Act (the “FCPA”) compliance. What has in the past been a risk management issue principally for massive multi-national corporations is now a real and serious risk for almost any company – large, medium or small; public or private – that sells products, … Continue reading this entry

The Foreign Corrupt Practices Act: A Pitfall in International Trade

Department of Energy Makes it Easier to Access Low-Interest Financing
Just as in 2014, the Foreign Corrupt Practices Act (“FCPA”) should be top of mind for any automotive company conducting or considering international business. Indeed, any doubts that the government was still interested in investigating and prosecuting companies and individuals for violations of the FCPA, were put to rest in 2014. This is so because government enforcement … Continue reading this entry

Are You Focused on FCPA Compliance? You Should Be

What’s Next for Conflict Minerals Rules After D.C. Circuit Decision?
The topic of FCPA compliance should be top-of-mind for U.S. auto industry companies who do business with third-party intermediaries and subsidiaries overseas, particularly in known “hot spots” such as China, India, Russia, Mexico, and Brazil. Enforcement activity by the U.S. Department of Justice shows no signs of slowing, and other countries have started to ramp … Continue reading this entry

Top Antitrust Issues Facing Automotive Suppliers in 2015

Recent U.S. and international antitrust developments will have important implications in 2015 for the automotive industry. U.S. antitrust developments include, in particular: The ongoing antitrust investigations and civil damage litigation involving the auto parts industry; Ever-increasing pressure for effective legal compliance programs; and Challenges to mergers (large and small, non-reportable) underscoring continued tough and aggressive enforcement … Continue reading this entry

Top Legal Issues Facing Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation, enforcement, and regulatory trends will be one step ahead of their competition. Top issues include:… Continue reading this entry

OESA Regional Meeting - Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July 15, 2013? You are in the Automotive Industry, you need to be. Are you aware that the DOJ continues to extract plea agreements … Continue reading this entry