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

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

Who Listens When Congress Holds a Hearing on a Proposed Merger?

Last week, a Rhode Island Congressman published a letter he sent to the Chairman of the House Judiciary Committee requesting that the committee hold a hearing on the recently-announced Amazon-Whole Foods merger. This post...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

DAMITT Q2 2017 Update: Fewer Significant US Antitrust Merger Investigations but They Still Took Longer to Conclude

by Dechert LLP on

Fast Facts - The number of significant merger investigations was down slightly to 12 in 1H 2017 compared to 14 in 1H 2016, and 31 on a Rolling Twelve Months (RTM) basis compared to 36 during the prior period....more

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

by Hogan Lovells on

So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

by Jones Day on

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more

Mind the gap – New Size-of-Transaction Test in German merger control

by Hogan Lovells on

New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

Where's the beef? – 5 minutes for the highlights of German Competition Act reform

by Hogan Lovells on

The 9th reform of the German Competition Act is due to take effect on 9 June 2017. It primarily transposes the EU Cartel Damages Directive into German law. On top, it brings a number of other amendments. Here is a summary of...more

Global Merger Control Update - May 2017

by Jones Day on

This is the quarterly Jones Day Global Merger Control Update, which will discuss recent developments in existing regimes and the emergence of new merger control regimes worldwide. In recent years, there has been a surge...more

Facebook Fined for WhatsApp Data Linking Fallout

by Alston & Bird on

On 18 May 2017, the European Commission (“Commission”) fined Facebook €110 million ($122 million) for misrepresentations made in its application for competition clearance of the company’s acquisition of WhatsApp. In its...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

Can Purchasing Efficiencies Save Mega-Mergers? The D.C. Circuit Says “No”

by Proskauer Rose LLP on

Efficiencies, economies of scale, and the general desire to improve the customer experience are the lifeblood of all mergers. And one of the most common efficiencies in any deal comes from enhanced purchasing power, or the...more

D.C. Circuit Affirms Decision Enjoining Anthem-Cigna Merger; Will the Supreme Court Weigh In?

UPDATE: On May 11, 2017, the Delaware Chancery court denied Anthem’s motion for preliminary injunction to prevent Cigna from withdrawing from the proposed merger, citing Anthem’s slim chance of success and the adequacy of...more

May Antitrust Bulletin

by McGuireWoods LLP on

Confirmation Hearing May 10 for Antitrust Division Nominee Makan Delrahim - In late March 2017, President Trump nominated current White House deputy counsel Makan Delrahim to be assistant attorney general for the...more

European Competition Law Newsletter – May 2017

by McGuireWoods LLP on

Illegal Distribution Activities in the Spotlight Across the EU - Online and offline distribution issues remain a key focus of competition law regulators in the EU. This has been demonstrated yet again in recent weeks,...more

The New Competition Law in Thailand Approved

by Allen & Overy LLP on

On 18 April 2017, the Thai National Legislative Assembly (NLA) submitted the draft Trade Competition Act B.E. 2560 (2017), which it had approved on 24 March 2017 (the New Act), to the Secretariat to the Cabinet. The Prime...more

THE LATEST: Entanglements and Concentrated Markets Require Divestiture in the Dairy Industry

by McDermott Will & Emery on

On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion. WhiteWave is the leading manufacturer of fluid organic milk in the United States and one of the top...more

“SMARTER” Act Advances in Congress: Will It Become Law?

For the third straight legislative session, the House Judiciary Committee has voted in favor of a bill—the Standard Merger and Acquisition Reviews Through Equal Rules (“SMARTER”) Act—that would amend the Clayton Act and...more

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In this first of a three-part...more

New Merger Control Thresholds in Germany

by K&L Gates LLP on

The German legislator just paved the way for the introduction of new merger control filing thresholds. Based on a recently adopted amending law to the German Act against Restraints of Competition, Germany’s merger control...more

European Commission Blocks Merger of London Stock Exchange and Deutsche Börse

On 29 March 2017, the same day that United Kingdom has officially launched the Brexit process, the European Commission (Commission) blocked the proposed 29 billion Euro merger between Deutsche Börse AG (DBAG) and London Stock...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

by Foley & Lardner LLP on

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

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