James Venit

James Venit

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

"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

"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

"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

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

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