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EU & Competition Law Update – September 2017

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

CJEU clarifies the treatment of non-full-function joint ventures under EU merger control law (Austria Asphalt)

by White & Case LLP on

On 7 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") delivered its judgment following the Austrian Supreme Court's (Oberster Gerichtshof) request for a preliminary ruling, seeking clarification...more

Competition News

by Dentons on

A look back on a decision imposing a fine on Facebook for having provided the European Commission with inaccurate information on its acquisition of WhatsApp - On May 18, 2017, the European Commission imposed a €110 million...more

The Emperor Has No [Compliance Program]

by Michael Volkov on

At the outset, I have to apologize for the title but during my morning bike ride I usually come up with blog posting titles. But moving past the trite title, I have a point to make....more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

THE LATEST: European Court of Justice Clarifies Application of European Union Merger Control Rules to Joint Ventures

by McDermott Will & Emery on

On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions under which the EUMR applies to the...more

Brussels Regulatory Brief: August

by K&L Gates LLP on

On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

DOJ's FCPA Pilot Program is Alive and Well: Two Superior Results in Declinations for Linde Gas and CDM Smith

by Thomas Fox on

Companies have a clear road map to resolve substantive FCPA violations with no criminal penalty. ...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

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

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

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

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

Reform of German Competition Law

by McDermott Will & Emery on

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: ..Merger control: Introduction of a new “size of transaction”-threshold...more

2016 - A Year for the FCPA Record Books & What It Means for Compliance Practitioners

by Thomas Fox on

We have never seen and may well never see again a year of Foreign Corrupt Practices Act corporate enforcements as we did in 2016. ...more

EU Competition Newsletter - May 2017

by Bryan Cave on

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

The Trump Administration: The Business Impact

by Thomas Fox on

If we do not speak up, there may not be an opportunity later. ...more

Getting the Deal Through: Gas Regulation 2017

by Dentons on

Two of our lawyers recently co-authored the Global Overview of Getting the Deal Through: Gas Regulation 2017. Dentons' lawyers also authored the Mexico and United Kingdom chapters. This publication provides expert local...more

Brussels Regulatory Brief: May

by K&L Gates LLP on

On 16 March, the European Commission (“Commission”) announced it had launched a new tool in its fight against cartels and other anti-competitive practices. The Commission unveiled a new whistleblowing tool, which would allow...more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

by Latham & Watkins LLP on

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful...more

Data Analysis In a Compliance Best Practices Program

by Thomas Fox on

An in-depth look at the use of data analysis in a best practices compliance program under the Foreign Corrupt Practices Act (FCPA), UK Bribery Act or other anti-corruption compliance regime....more

Overview of the Proposed Reforms of the EU Merger Control Regime

by McDermott Will & Emery on

In the past couple of years, the European Commission has decided to review and evaluate the functioning of different aspects of the EU merger control regime regulated by EU Regulation No. 139/2004 of 20 January 2004 on the...more

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