In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more
9/3/2024
/ Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EFTA ,
EU ,
EUMR ,
European Commission ,
Legal Costs ,
Member State ,
Merger Controls ,
New Regulations ,
Treaty on the Functioning of the European Union (TFEU)
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more
11/22/2023
/ Acquisitions ,
Capital Markets ,
Competition ,
Corporate Governance ,
Corruption ,
Court of Justice of the European Union (CJEU) ,
Cross-Border ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
Regulatory Reform
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
1. CONTENTIEUX -
PUBLICITÉ EN LIGNE : MESURES CONSERVATOIRES IMPOSÉES À META -
Par une décision du 4 mai 2023, l’Autorité de la concurrence (ci-après l’ « Autorité ») a prononcé des mesures conservatoires à l’encontre...more
7/27/2023
/ Appeals ,
Competition ,
Electric Vehicles ,
Energy Sector ,
EU ,
France ,
French Competition Authority ,
Infrastructure ,
International Litigation ,
Merger Controls ,
Metaverse
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union -
On April 20, 2023, the EU Commission (Commission) adopted and published a...more
1. CONTENTIEUX -
ACTION EN FOLLOW-ON : ABSENCE DE RÉPARATION POUR LES SOCIÉTÉS DU GROUPE COLAS DANS L’AFFAIRE DU CARTEL DES CAMIONS -
Dans un jugement remarqué du 27 octobre 2022, le tribunal de commerce de Lyon a...more
1. CONTENTIEUX - PREMIÈRE DÉCISION D’ENGAGEMENTS DE META -
Par une décision du 16 juin 2022, l’Autorité de la concurrence (ADLC) a rendu obligatoires les engagements proposés par Meta, qui marquent, à notre connaissance, ...more
CARTELS & RESTRICTIVE AGREEMENTS -
EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING -
AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more
2/4/2022
/ Cartels ,
Competition ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Investment ,
Legislative Agendas ,
Merger Controls ,
Policy Management ,
Restrictive Covenants ,
State Aid
United States -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made...more
As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at...more
CARTELS & RESTRICTIVE AGREEMENTS -
CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION –
C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 –
On 23 January 2018, the CJEU...more
2/19/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Authorities ,
Confidential Information ,
Court of Justice of the European Union (CJEU) ,
Enforcement Actions ,
EU ,
Foreign Investment ,
General Court of the European Union (GCEU) ,
Germany ,
Internet Retailers ,
Member State ,
Merger Controls ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Websites
The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the...more
2/7/2019
/ Competition Authorities ,
Corporate Counsel ,
EU ,
European Commission ,
European Merger Control Regulation ,
Merger Controls ,
Mergers ,
Popular ,
Railways ,
Trains ,
Transportation Industry
How to Prepare for and Prevent Data Falsification Issues -
In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more
How to Prepare for and Prevent Data Falsification Issues -
In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more
McDermott's EU Competition Annual Review summarizes key developments in the EU competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were...more
DOJ Policy Updates Signal Continuity of Antitrust Program -
The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more
4/13/2017
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Divided Infringement ,
Dodd-Frank ,
EU ,
European Commission ,
European Merger Control Regulation ,
Executive Orders ,
Financial Services Industry ,
Inducement ,
Member State ,
Merger Controls ,
Patents ,
Trump Administration
It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more
The New World of Global Tax Planning: a Checklist for Success -
As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more
11/21/2016
/ BEPS ,
Enforcement ,
EU ,
Japan ,
Joint Venture ,
Licenses ,
Merger Controls ,
Parent Corporation ,
Patent Litigation ,
Patents ,
Restructuring ,
Settlement Agreements ,
State Aid ,
Tax Planning ,
Tax Rates ,
Trade Relations ,
UK ,
UK Brexit ,
Working Groups