JD Supra Trade Law

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.

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.

Vertical Conduct Violation Fines Dropped Six-Fold in 2025

A report indicates that fines for vertical conduct violations globally dropped six-fold in 2025 compared to 2024, with the number of infringement decisions halved. Despite this overall decrease, the European Commission remained the most active enforcer, focusing on the consumer and retail sectors, and resale price maintenance continued to be a key area of scrutiny.

Trump Administration Establishes $20B Reinsurance Facility for Persian Gulf Shipping

The Trump administration has established a $20 billion reinsurance facility through the U.S. International Development Finance Corporation (DFC) to support private insurers providing coverage for maritime shipping in the Persian Gulf. This initiative aims to reduce war risk premiums and ensure the free flow of energy commodities.

Ocean Carriers Add Fuel Surcharges Due to Middle East Disruptions

Major ocean carriers are implementing Emergency Fuel Surcharges (EFS) due to Middle East disruptions and increased routing costs. The U.S. Federal Maritime Commission (FMC) requires carriers to provide 30 days' notice for such surcharges, making enforceability dependent on proper filing and effective dates.

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.

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.

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.

UK Sanctions Nearly 300 Russian Entities

The UK has announced its largest sanctions package against Russia, designating nearly 300 entities involved in critical energy revenues, military supply chains, and financial institutions. These measures aim to disrupt Russia's war effort and access to international markets.

India: INTERPOL Issues Silver Notice for Fugitive Economic Offender

India's Enforcement Directorate requested INTERPOL to issue a Silver Notice for Karan A. Chanana, chairman of Amira Pure Foods, in connection with an alleged Rs 1,200 crore bank loan fraud. The notice aims to trace and freeze assets acquired through criminal proceeds.