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Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

New Guidelines on Small Market Mergers sees CMA Set to Clear Larger Number of Transactions

by Bryan Cave on

The CMA published on 16th June its final version of its Merger De Minimis Guidelines following earlier consultation with stakeholders. The Guidelines set out the criteria which the CMA will have regard to when exercising its...more

Everything Compliance-Episode 16, review of the book The Chickenshit Club

by Thomas Fox on

In this episode, the Everything Compliance trio of Matt Kelly, Jay Rosen and Tom Fox unpack our first book review. We consider the recently released The Chickenshit Club by Jesse Eisinger and it may mean for the compliance...more

Update: Italian Parliament approves the new National Merger Filing Thresholds

by K&L Gates LLP on

On 2 August 2017, the Italian Parliament has adopted the Italian Competition Law, following a complex and long legislative procedure. As already reported, an intense debate surrounded the discussion and the approval of the...more

DOJ Antitrust Corporate Dispositions May Protect Some Culpable Employees

by Jones Day on

Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice ("DOJ") eventually resolve their liability with the government short of going to trial, either by entering into a corporate...more

Threat of Antitrust "Dawn Raids" in Indonesia

by DLA Piper on

"Dawn raids" - unannounced searches of businesses and residences - are a tool of choice for antitrust investigators worldwide. By arriving without warning to scrutinize records, seize equipment and data, and question...more

Italy Aims to Change Merger Notification Thresholds

by Shearman & Sterling LLP on

After 894 days of discussion, the Italian Parliament has approved, on 2 August 2017, what should be the “annual” competition act — a series of measures that should be adopted on a yearly basis to promote competition. Among...more

Across the Board-Episode 1, the Uber Board

by Thomas Fox on

In this inaugural podcast of Across the Board, I consider the Holder Report to the Uber Board of Directors, which led to the resignation of CEO Travis Kalanick. In June, the law firm of Covington & Burling LLP (Covington),...more

FTC and FBI Issue Compliance Reminder on Childrens Online Privacy Protection Act

by Morgan Lewis on

A recent update of the FTC’s COPPA compliance plan for businesses focuses on internet-connected toys and devices aimed at children; FBI issues a Public Service Announcement with a similar focus....more

IP Licensing and Antitrust Law – What Companies Have to Consider When Doing Business in the U.S. and the EU

by Morrison & Foerster LLP on

In both the U.S. and the EU, it is generally acknowledged that the enforcement and commercialization of IP rights must comply with the applicable antitrust laws. This is particularly true for IP licensing. While the majority...more

Federal Trade Commission Announces Investigation Reforms

by Ropes & Gray LLP on

On July 17, Federal Trade Commission (“FTC”) Acting Chairman Maureen Ohlhausen announced a set of process reforms within the agency’s Bureau of Consumer Protection aimed at streamlining information requests and improving...more

ACCC and CrownBet Roll the Dice - Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

by K&L Gates LLP on

In Brief: On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed...more

QVC/HSN :: A Deal You Probably Weren’t Thinking About

by Kelley Drye & Warren LLP on

On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own. More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election...more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

by Dentons on

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

THE LATEST: Federal Judge Blocks Merger of Nuclear Waste Disposal Companies Rejecting “Failing Firm” Defense

by McDermott Will & Emery on

On June 21, 2017, US District Judge Sue L. Robinson blocked EnergySolutions, Inc.’s proposed acquisition of Waste Control Specialists LLC (WCS), applying a strict standard for the “failing firm” defense to a merger challenge....more

EU & Competition Law Update – July 2017

by Bryan Cave on

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

State regulation of foreign investments in Russia to undergo major changes

by Dentons on

The Russian Federation State Duma is adopting two draft laws at the same time amending the Strategic Investments Law. Contrary to the statements by Federal Antimonopoly Service representatives about “selective improvement” of...more

China to amend the merger control regime

by Dentons on

We thought you would be interested in learning about some recent developments in China's merger control rules. China launched its merger control regime in 2008 and based it on the European Union model. Those merger control...more

Astros Lead MLB – What is Your Risk Management Process?

by Thomas Fox on

Today’s lesson from the world of sports informs our discussion of compliance and the risk management process; consisting of forecasting, risk assessment and risk management. By starting with forecasting, a compliance function...more

Trump and Compliance: The First 100 Days [eBook]

by Thomas Fox on

Since November 9, 2016 the Apocalypse has not descended (at least as of the writing of this foreword). Since that time many of the leading compliance commentators have considered what the first 100 days of the Trump...more

Coherus Implements Restructuring Plan Following Complete Response Letter For Its Pegfilgrastim Biosimilar

by Goodwin on

As we reported here on June 12, 2017, Coherus BioSciences received a complete response letter (“CRL”) from the FDA for its biologics license application for its pegfiltrastim (Neulasta®) biosimilar. On June 21, 2017, in a...more

Possible Wider UK Powers to Block Foreign Acquisitions

by Bryan Cave on

Recent developments show the UK Government’s desire to expand their powers to block foreign takeovers. We explore the nature and scope of the proposed legislation and assess its likely consequences....more

Competition News - June 2017

by Dentons on

Admissibility before the CJEU of evidence communicated by national authorities during a tax investigation - In a case of unlawful agreement on the banana market, the Court of Justice of European Union (“CJEU”) had the...more

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private...more

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

The PCAOB, Audits, and Compliance - Considerations for the Chief Compliance Officer

by Thomas Fox on

I recently had the chance to visit with Joe Howell, the Executive Vice President of Workiva LLC, to discuss, among other things, the function of the Public Companies Accounting Oversight Board (PCAOB) and what role it might...more

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