JD Supra Trade Law

Global Cartel Fines Surge to $3.3 Billion in 2025

Global cartel fines reached $3.3 billion in 2025, the highest total since 2021, driven primarily by enforcement actions in the European Union. The report highlights significant increases in fines from the European Commission and EU member states, while the US saw its lowest fine total in recent memory.

Global Antitrust Fines Rose to $7.7B in 2025

Global antitrust fines reached $7.7 billion in 2025, the highest since 2021, driven by a few major cases, while the total number of infringement decisions fell. Enforcement is increasingly shaped by geopolitical and national security priorities, with a focus on sectors impacting the cost of living.

Germany Updates Product Liability Law

Germany's Bundestag has begun reviewing a draft act to modernize its Product Liability Act, transposing an EU directive. The reform aims to update the law for digital products, AI, and global supply chains, with an expected entry into force by December 9, 2026.

CIT and CBP Outline IEEPA Tariffs Recovery Process

The Court of International Trade (CIT) and U.S. Customs and Border Protection (CBP) are outlining a process for importers to recover unlawful IEEPA tariffs. This guidance suggests importers may not need to file protests on all entries immediately, potentially reducing recovery costs. Importers are advised to update their ACE accounts and prepare for potential protest filings.

EBA Final Guidelines on Third-Country Branch Capital Endowment

The European Banking Authority (EBA) has published final guidelines on instruments that third-country branches can use to meet their capital endowment requirements under CRD IV. These guidelines clarify which debt securities and other instruments are acceptable and set operational conditions for their use.

Litigation Challenges Legality of Section 122 Duties

Twenty-four states and two private companies have filed lawsuits challenging the legality of Section 122 duties imposed on February 20, 2026. The complaints argue that the President lacks the authority to impose these duties, citing violations of separation of powers and nondelegation doctrines.

EU Maritime and Ports Strategies Adopted

The European Commission adopted the EU Industrial Maritime Strategy and EU Ports Strategy on March 4, 2026. These initiatives aim to strengthen the competitiveness, sustainability, and resilience of the EU's maritime ecosystem, covering shipbuilding, shipping, port infrastructure, and maritime technologies. They signal both business opportunities and increased regulatory scrutiny for maritime and infrastructure investors.

Treasury Roadmap for Countering Illicit Finance in Digital Assets

The U.S. Department of the Treasury has released a report to Congress outlining innovative technologies to counter illicit finance involving digital assets, as required by the GENIUS Act. The report assesses risks and proposes a technology and policy roadmap, while recommending Congress enact legislation to clarify rules for digital asset service providers and traditional financial institutions.

EC Consultation on Private Equity Exit Obstacles

The European Commission has launched a consultation seeking feedback on obstacles faced by private equity investors when exiting investments in EU private companies. The consultation aims to improve access to finance for EU start-ups and scale-ups and will inform potential future regulatory or policy actions.

OFAC Sanctions Risks and Cartel Designations

OFAC has settled a $1.7 million case with IMG Academy for sanctions violations related to cartel-linked entities. This highlights increased compliance risks for entities with international touchpoints due to heightened cartel designations and sanctions enforcement.