Topics in Brief

• Author: International Law Group

NAFTA panel rules for Canada in softwood lumber dispute with U S

On April 29, 2004, a North American Free Trade Agreement (NAFTA) panel decided that the U.S. had failed to put on substantial evidence that Canadian shipments of softwood lumber were injurious to American companies. Proof of such injury is central to the question of whether the U.S. can lawfully go on imposing anti- dumping and countervailing duties against the $6 billion worth of Canadian wood sold annually in the U.S. Since 2001, these U.S. duties have averaged about 27 percent. During 2003, the two governments had talked about replacing the American duties with a new import quota on Canadian spruce, pine, fir and other woods used to build and remodel houses. WTO tribunals have also heard various aspects of the softwood lumber dispute between the U.S. and Canada. See, for example, 2004 International Law Update 28 & 59.

Citation: Reuters News Service, Washington, D. C., Thursday, April 29, 2004 (from http://news.findlaw.com); Daily Miner & News (Kenora, Ontario), May 8, 2004.

European Union issues comprehensive regulation on mergers and acquisitions

The EU Commission has issued Regulation No 802/2004 on the control of concentrations between undertakings. The purpose is to control company concentrations as provided for in Council Regulation No 139/2004. It provides for a specific process for the notification of such concentrations, including a form to be used to notify the EU. If the Commission intends to issue a decision on the matter, it will provide for an oral hearing.

Citation: 2004 O.J. of the European Union (L 133) 1 (30 April 2004).

U S. Trade Representative releases Special 301 Report

On May 3, 2004, the U.S. Trade Representative issued its annual "Special 301" (named after Section 301 of the Trade Act of 1974, as amended) Report on the adequacy and effectiveness of intellectual property (IP) protections by trading partners abroad. The Report concludes that the lack...