Ingrid Vandenborre

Ingrid Vandenborre

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"MOFCOM Lifts Hold-Separate Remedies for the First Time"

In late 2011 and early 2012, China’s Ministry of Commerce (MOFCOM) introduced a new and unique merger control remedy with far-reaching implications. In two separate decisions involving nearly simultaneous global acquisitions...more

10/28/2015 - Acquisitions China Global Market Hitachi Hold-Separate Remedies Merger Controls Mergers MOFCOM Remedies Samsung Seagate Technology Sector

"MOFCOM Cracking Down on Failures to Notify Qualifying Mergers, Acquisitions and Joint Ventures"

China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change...more

10/13/2015 - Acquisitions China Failure to Notify Filing Requirements Joint Venture Mergers MOFCOM Multinationals State-Owned Enterprises Threshhold Requirements

"European Court of Justice Rules on Retroactive Loyalty Rebates"

On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been...more

10/6/2015 - Abuse of Dominance Advertising Antitrust Violations Competition Customer-Loyalty Programs Direct Advertising European Court of Justice (ECJ) Mail Monopolization Rebates Retroactive Application

"European Commission Launches Antitrust Sector Inquiry Into E-Commerce"

On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter...more

5/28/2015 - Antitrust Investigations Cross-Border Transactions E-Commerce EU European Commission Geo-Blocking Internet Retailers Licenses

"European Commission Competition Law Enforcement to Focus on E-Commerce Restrictions"

E-commerce is at the top of the European Commission’s agenda, and recent developments suggest it will remain a priority. Several European Union member states have already taken an active interest in the issue. ...more

4/1/2015 - Antitrust Investigations Cross-Border Transactions E-Commerce EU European Commission Internet Retailers Price Manipulation

"Dutch Authority Follows EU by Finding Private Equity Firms Liable for Antitrust Violations of Minority Held Companies"

The Dutch competition authority (the Authority for Consumers and Markets, or ACM) has issued two decisions imposing fines on private equity firms for the participation of their portfolio company in the so-called flour cartel....more

3/30/2015 - Antitrust Litigation Competition Authorities Corporate Liability EU Minority Shareholders Netherlands Parent Corporation Private Equity

"EU Nonmerger Antitrust Enforcement Gets Stricter"

Developments in the past year are likely to affect nonmerger antitrust enforcement in the European Union in 2015 and beyond. In addition to merger enforcement, antitrust activity in 2014 provided a number of interesting...more

2/5/2015 - Antitrust Investigations Enforcement EU Intel Multinationals

"Insights Conversations: Cartels"

With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners...more

1/28/2015 - Antitrust Division Antitrust Investigations Cartels Criminal Prosecution DOJ Enforcement Actions Government Investigations International Harmonization Investigations Multinationals Strategic Enforcement Plan

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

1/28/2015 - Antitrust Provisions AT&T Berkshire Hathaway Competition DirectTV Divestiture DOJ EU EUMR FTC Gun-Jumping Hart-Scott-Rodino Act SierraPine Strategic Enforcement Plan Threshhold Requirements

"China’s MIIT Releases Draft Intellectual Property Policies for Industry Standardization Organizations"

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the...more

1/6/2015 - China EEA FRAND MOFCOM Patents Popular Standard Essential Patents

"EU Council of Ministers Adopts Directive on Rules Governing Private Antitrust Damage Actions"

On 10 November 2014, the Council of Ministers of the European Union adopted the long-awaited directive on rules governing private antitrust damage actions (Damages Directive or Directive). Although the text still needs to be...more

11/11/2014 - Antitrust Litigation Antitrust Provisions Damages EU

"Georgetown and Fordham Global Antitrust Law Symposia Focus on Trends in Cartel Enforcement, Merger Control, IP and Financial...

Last week, Georgetown University Law Center hosted its Eighth Annual Global Antitrust Enforcement Symposium, and Fordham University School of Law hosted its 41st Annual International Antitrust Law and Policy Conference. These...more


"European Commission Issues Merger Reform White Paper Regarding Minority Shareholdings and Member State Referrals"

On July 9, 2014, the European Commission published its proposal (White Paper) outlining the approach it intends to adopt with respect to the application of the EU Merger Regulation (EUMR) to the acquisition of minority...more

7/10/2014 - EU EUMR Minority Shareholders New Amendments Proposed Regulation

"Navigating Chinese Merger Control: MOFCOM Prohibits P3 Shipping Alliance"

On June 17, 2014, the Anti-Monopoly Bureau of China’s Ministry of Commerce (MOFCOM) issued just the second prohibition decision in its enforcement history, striking down the proposed P3 Network shipping alliance that would...more

6/20/2014 - China Enforcement Mergers MOFCOM Public Private Partnerships (P3s)

"Intel Loses Appeal Against European Antitrust Fine"

In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant...more

6/12/2014 - Antitrust Litigation EU European Commission Fines Intel Popular TFEU

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

6/5/2014 - Cartels Damages European Court of Justice (ECJ)

"European Parliament Approves Proposed Directive on Private Antitrust Damages Actions"

On April 17, 2014, the European Parliament overwhelmingly approved the European Commission’s proposal for a directive on private antitrust damages actions (the Directive). The Directive is intended to facilitate antitrust...more

4/18/2014 - Antitrust Litigation Antitrust Provisions Damages EU

"EU Institutions Reach Compromise on EU Directive on Private Damage Actions"

On March 18, 2014, representatives of the European Commission (the Commission), the European Parliament and the Council of the European Union reached a compromise in relation to key provisions of the proposed EU Directive on...more

3/19/2014 - EU EU Directive European Commission Whistleblower Protection Policies

"Changes to EU Merger Review Procedures"

The European Commission (Commission) has adopted important revisions to its merger control procedures under what it characterizes as a Merger Simplification Package that will enter into force on January 1, 2014. The new rules...more

12/16/2013 - EU European Merger Control Regulation Mergers

"European Commission Proposes Significant Changes to the EU Merger Regulation"

On June 20, 2013, the European Commission (Commission) launched a public consultation on a number of significant proposed changes to the EU Merger Regulation (EUMR). The proposed amendments relate to (i) the possible review...more

6/22/2013 - Acquisitions EU EUMR European Commission European Merger Control Regulation Mergers Minority Shareholders Premerger Notifications Shareholder Rights

"European Commission Issues Proposals on Private Antitrust Damage Actions and Collective Actions"

On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more

6/13/2013 - Collective Actions Competition Compliance Contingency Fees Damages EU European Commission Leniency Documents Punitive Damages

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

5/21/2013 - Abuse of Dominance Competition Generic Drugs Misrepresentation Pharmaceutical Industry Prescription Drugs

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

3/28/2013 - Class Action Competition Competition Appeal Tribunal EU European Commission Opt-Outs Proposed Legislation

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

1/30/2013 - Acquisitions Apple Competition DOJ EU FRAND FTC Google Infringement Injunctions Licenses Microsoft Motorola Non-Practicing Entities Patent Assertion Entities Patent Portfolios Patents Samsung Standard Essential Patents

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