James Webber

James Webber

Shearman & Sterling LLP

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UK Almost Triples Spending on Subsidies Since Leaving the European Union

Shearman & Sterling advises on many of the most significant subsidy matters in the UK and European Union. As part of this work, we have seen the increasing role that subsidy has played in the policy choices made by...more

11/29/2023  /  EU , European Commission , Financial Assistance Policies , Member State , State Aid , Subsidies , Supply Chain , UK , UK Brexit

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

7/28/2023  /  Arbitration , Competition , Litigation Fees & Costs , Litigation Funding , Third Party Funding , UK , UK Supreme Court

The European Court of Justice Resurrects an Old Tool to Tackle Below Threshold Mergers

Overview - - The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of...more

4/17/2023  /  Competition , EU , European Commission , European Court of Justice (ECJ) , Merger Controls , Mergers

EU Takes Another Big Protectionist Step as New Foreign Subsidies Regulation Comes into Force

The EU Foreign Subsidies Regulation (FSR) entered into force on 12 January 2023. It represents a massive expansion in the European Commission’s power to investigate inward investment to the EU. This new regulation—the first...more

1/23/2023  /  Antitrust Division , Antitrust Investigations , Antitrust Litigation , Antitrust Provisions , Competition , Competition Authorities , EU

Incentivising Investment in European Renewable Hydrogen Production

The high production costs of renewable hydrogen (RH2) limit its ability to compete with alternative non-renewable fuels and technologies. This is exacerbated by a number of market failures (including failure of carbon pricing...more

12/2/2022  /  Climate Change , Energy Market , Energy Sector , EU , Green Energy , Green Finance , Hydrogen Power , Member State , Private Equity Funds , Renewable Energy , Sustainable Finance

Damages Claims in the Competition Appeal Tribunal – Where Have We Come From And Where to Next?

Will 2022 be seen as the year in which the gates finally opened for damages claims in the Competition Appeal Tribunal (CAT)?...more

8/3/2022  /  Antitrust Provisions , Cartels , Competition , Competition Authorities , EU , European Commission , UK , UK Competition and Markets Authority (CMA)

General Court Decision in Illumina / Grail Vindicates Commission’s Article 22 Referral Policy

Quick Read - - The EU’s jurisdiction to review mergers is no longer linked to notification. This is a big change and sharply reduces parties’ ability to predict antitrust hurdles to closing based on notification thresholds....more

7/21/2022  /  Anti-Competitive , Antitrust Provisions , EU , European Commission , Member State , Merger Agreements , Merger Reviews , Mergers

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

5/23/2022  /  Acquisitions , Antitrust Provisions , Competition , Corporate Counsel , EU , European Commission , European Merger Control Regulation , Gun-Jumping , Merger Controls , Mergers

CMA Merger Control Jurisdiction to be Expanded Further

The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the...more

5/12/2022  /  Antitrust Provisions , Competition , Competition Authorities , Jurisdiction , Merger Controls , Mergers , UK , UK Competition and Markets Authority (CMA)

Intel v. Commission: Victory for Companies, Loss for Commission

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for...more

1/31/2022  /  Competition , EU , European Commission , General Court of the European Union (GCEU) , Intel , Rebates , UK

UK Supreme Court Judgement in Servier Competition Damages Litigation

Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings - On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages...more

11/17/2020  /  Damages , EU , European Commission , UK , UK Supreme Court

The UK National Investment and Security Bill is published

On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification...more

11/13/2020  /  EU , European Securities and Markets Authority (ESMA) , Financial Conduct Authority (FCA) , Financial Services Industry , Securities , UK , UK Brexit

Shearman & Sterling Responds to the EC Market Definition Notice Consultation

In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that...more

10/12/2020  /  Antitrust Investigations , Antitrust Litigation , EU , EU Merger Directive , European Commission , European Merger Control Regulation , Merger Controls , Mergers , UK , UK Brexit , UK Competition and Markets Authority (CMA)

Navigating Systemic Risk: Protecting Financial Institutions form Avoidable Losses

COVID-19 has acted as an accelerator, bringing into play scenarios which were previously only contingencies and making contingencies of (and requiring planning for) situations which were previously barely imaginable. The debt...more

7/8/2020  /  Antitrust Provisions , Coronavirus/COVID-19 , Libor , UK

CMA Signals New Path for UK Clamp Down on Big Tech

On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of...more

7/7/2020  /  Facebook , Google , UK

UK Supreme Court Gives Important Judgment in the Visa/Mastercard ‘Interchange Fee’ Litigation

The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange...more

6/24/2020  /  MasterCard , UK , UK Supreme Court , Visas

European Commission Expands Arsenal to Curtail Foreign Subsidies

On June 17, 2020, the European Commission published its highly anticipated White Paper detailing its “anti-subsidy tool,” aimed at rectifying supposed distortions in the EU caused by foreign subsidies. Stakeholders have until...more

6/19/2020  /  EU , European Commission , Parent Corporation , Subsidiaries

The Court’s Quash of the European Commission’s UK Mobile Merger Prohibition Will Have Consequences Far Beyond the Telco Sector

Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that...more

6/3/2020  /  Antitrust Litigation , Cell Phones , EU , European Commission , UK

Foreign Investment Review in Europe: Key Considerations for Investors and Latest Developments Prompted by COVID-19

Global foreign direct investment (FDI) amounted to 1,426 billion USD in 2019. In recent years, a number of countries around the world have implemented measures to strengthen their FDI review mechanisms. Undoubtedly, this...more

5/20/2020  /  EU , Foreign Direct Investment , Foreign Investment

Competition Litigation Update

The English Courts will continue this year to consider several issues that will shape the future of private damages actions for infringements of competition law....more

5/13/2020  /  Competition , European Commission , UK

Airlines: EU State Aid Rules, Future M&A Considerations and Irish Exposure to Airlines

Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation...more

4/14/2020  /  Airlines , Aviation Industry , Coronavirus/COVID-19 , EU , Mergers

EU Steps Up Protection of Critical Assets and Technologies During COVID-19 Crisis

Key Points - - Although Brussels has no power to approve or block FDI, the European Commission is urging a tightening of policy across the block. - The Commission is signaling that it is responsive to calls for a more...more

4/7/2020  /  Coronavirus/COVID-19 , EU , Foreign Direct Investment

How Will COVID-19 Measures Impact Substantive EU Merger Control Review?

The first wave of discussion about the impact of COVID-19 on EU merger control was very much on the practical and procedural. What, impact if any, will the response to this crisis have on the substantive assessment of mergers...more

4/3/2020  /  Coronavirus/COVID-19 , EU , European Commission , Failing Firm Defense , Merger Controls , Mergers , State Aid

COVID-19 and Antitrust: Crisis and Change

How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to...more

3/21/2020  /  Anti-Competitive , Antitrust Violations , Competition Authorities , Coronavirus/COVID-19 , EU , European Commission , Mergers , Premerger Notifications , State Aid , State of Emergency , Treaty on the Functioning of the European Union (TFEU)

COVID-19: State Aid Support to Business

Member States of the EU and the U.K. are announcing massive support packages for companies affected by the coronavirus crisis. These interventions are on a vast scale. Unlike the 2008 financial crisis, the measures we are...more

3/19/2020  /  Coronavirus/COVID-19 , EU , European Commission , Financial Crisis , State Aid
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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

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The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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