On November 28, 2022, the Council of the European Union adopted the Foreign Subsidies Regulation (FSR or the “Regulation”), a new legislative tool designed to prevent foreign subsidies from distorting competition in the...more
1/16/2023
/ Balancing Test ,
Competition ,
EU Merger Directive ,
European Commission ,
Foreign Investment ,
Foreign Subsidies ,
Investigations ,
Member State ,
Notification Requirements ,
Turnover Laws ,
Value-Added Tax (VAT)
The European Commission (the “Commission”) has published new guidance on its leniency policy and practice to encourage whistleblowers to come forward and self-report cartel activity to obtain leniency at a time when leniency...more
The EU General Court (“General Court”) has confirmed that the European Commission (“Commission”) can examine deals that do not trigger merger control thresholds in the EU or any EEA Member State following a referral request...more
The EU General Court (“General Court”) has confirmed that the European Commission (“Commission”) can examine deals that do not trigger merger control thresholds in the EU or any EEA Member State[1] following a referral...more
The European Commission published the new Vertical Block Exemption Regulation and related guidelines on May 10, 2022. The purpose of the block exemption is to generally exempt agreements between market players at different...more
5/13/2022
/ Distributors ,
EU ,
European Commission ,
Goods or Services ,
Most-Favored Nations ,
Non-Compete Agreements ,
Online Marketplace ,
Resale Pricing ,
Retailers ,
Supply Chain ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Block Exemption Regulation (VBER)
On March 29, 2022, global container handling equipment providers [Cargotec and Konecranes] abandoned their proposed $5 billion merger after the United Kingdom Competition and Markets Authority (CMA) and the U.S. Department of...more
4/19/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Popular ,
Supply Chain ,
UK ,
UK Competition and Markets Authority (CMA)
As European nations increasingly focus on regulation of foreign direct investment (FDI), the UK Government recently announced changes to the Enterprise Act 2002, which underpins the UK’s merger control regime.
Within the...more
7/17/2020
/ Artificial Intelligence ,
Enterprise Act 2002 ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Jurisdictional Thresholds ,
Public Health ,
Public Health Emergency ,
Technology Sector ,
UK ,
UK Parliament
As the coronavirus disease (COVID-19) outbreak continues to unfold, entire governments, economies, businesses, and countries are being adversely affected. The World Health Organization reports that there are “still many...more
Below, we summarize significant cartel enforcement developments from U.S. and other antitrust enforcers in recent months, including the significant change to longstanding policy by the Department of Justice (DOJ) Antitrust...more
7/31/2019
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Bid Rigging ,
Cartels ,
Competition Authorities ,
Compliance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fraud ,
Libor ,
New Guidance ,
Whistleblowers
What is at Stake? -
“Common ownership” – an investor holding economic interests in different competing businesses at the same time – has been a recurring topic in antitrust debates. More recently, there have been calls in...more
We summarize below some of the most significant cartel enforcement developments from U.S. and other antitrust enforcers, including policy shifts, investigations, case filings, and court rulings. This report summarizes...more
3/19/2019
/ Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Guilty Pleas ,
Italy ,
Japan ,
Libor ,
No-Poaching ,
Popular ,
Sports
On 25 July 2018, the European Commission (“the Commission”) published its decision on the Altice/PT Portugal gun jumping case. The Commission concluded that various contractual clauses allowed Altice N.V. (“Altice”) to...more
Amid the uncertainty Brexit has created, foreign investors are assessing their existing and prospective investments in the UK, with particular focus on Brexit’s potential impact on EU-UK trade and labor mobility. No one has a...more
On May 6, 2015, the European Commission launched a competition inquiry into the e-commerce sector. This inquiry is one of 16 initiatives that the Commission announced for the creation of a Digital Single Market for Europe. As...more
The Council and European Parliament have finally adopted a Directive on rules governing actions for damages under national law for infringements of competition rules (the "Directive"). EU Member States have two years to...more