Business Organization Antitrust & Trade Regulation

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THE LATEST: National Security Reviews of Foreign Ownership May Broaden

The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced “syphius”) reviews M&A transactions that may pose a risk to national security through foreign control of a US business. (See our recent...more

OECD: Italy Should Approve its Proposed Competition Legislation ‘Swiftly’, Including the Reform of the National Merger Filing...

On 15 February 2017, the Organization for Economic Cooperation and Development (“OECD”) published its economic survey of Italy. Among other things, the 156 page report recommends that Italy passes its proposed competition...more

EU Competition Newsletter – February 2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

The Embraer FCPA Enforcement Action

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

ACCC Investigations: Be prepared in 2017

The start of a new calendar year marks a good opportunity for businesses to review their competition and consumer law compliance programs and identify key risk areas for the year ahead. The most recent annual report of the...more

Justice Department Policy Changes Limit Avenues of Immunity for Antitrust Crimes

The United States Department of Justice (DOJ) Antitrust Division offers immunity from prosecution to applicants who are the first to self-report antitrust violations. That immunity carries with it limited protection from...more

New provisions on German antitrust law under debate in German parliament

On 1 July 2016, the German Ministry for Economic Affairs published a draft bill for the 9th amendment of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB). The draft bill...more

Effective Ethics and Compliance Training

In a recent Slate article, entitled “Ethics Trainings Are Even Dumber Than You Think”, author L.V. Anderson railed against what she termed box-checking training where companies put on training not to actually train employees...more

Private Equity Firm Held Responsible for Portfolio Company’s Antitrust Violations

A recent case found that a private equity firm was liable for its portfolio company’s antitrust violations. This client alert explains that private equity firms, when selecting potential investments, need to carry out...more

European Commission Opens Investigation into Suspected Price Restrictions by Electronic Goods Producers

Following the recent warning by the European Commission (“Commission”) in its Preliminary Report on the e-Commerce Sector Inquiry, the Commission has announced that it has launched a full fledged investigation into four major...more

Doing Business in the UAE

Country Background - Formed on 2 December 1971, the UAE is a federal state of seven emirates comprising Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. The UAE federal constitution...more

Global trends in merger control enforcement

This report presents our analysis of the application of merger control rules in 2016 by the antitrust authorities in 26 jurisdictions, focussing on the U.S., EU and China. We give you not only the headlines but the story...more

CTSI Guide on Pricing Practices – What Does it Mean for Retailers?

After a lengthy consultation, in December 2016 the Chartered Trading Standards Institute (CTSI) finally published its much anticipated new guidance on pricing practices, entitled The Guidance for Traders on Pricing Practices...more

McDermott EU Competition Annual Review 2016

It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more

European Competition Law Newsletter – February 2017

February 1, 2017 Table of Contents On 20 January 2017, the UK Competition and Markets Authority (CMA) announced that it has provisionally concluded that two suppliers of cleanroom laundry services in the UK have broken...more

U.S. Agencies Issue Update to Antitrust Enforcement Guidelines for International Operations

On January 13, 2017, the U.S. Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ,” collectively the “U.S. Agencies”) issued an update to the 1995 Antitrust Enforcement...more

New HSR Reporting Thresholds Announced for 2017: Smith Anderson

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the...more

Hart-Scott-Rodino Threshold Crosses $80 Million Mark

On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more

FTC Announces New Hart-Scott-Rodino Dollar Thresholds for 2017

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act), requires parties to a proposed merger; acquisition of stock, assets or unincorporated interests; or other business combination meeting...more

2017 Increase in HSR Notification Thresholds

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 27, 2017. The revised thresholds will...more

"DOJ Updates Leniency Program FAQs"

The Department of Justice (DOJ or Department) released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017. The Leniency Program allows corporations and individuals who self-report their cartel...more

HSR Thresholds Will Increase for 2017 Transactions

On February 27, 2017, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect. The thresholds determine whether parties involved in proposed mergers, consolidations, or other acquisitions of voting securities,...more

FTC Announces Increased HSR Thresholds

The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“the Act”), as amended. The new thresholds under the Act represent an...more

HSR Filing Threshold Increases to US$80.8 Million

The U.S. Federal Trade Commission (“FTC”) announced on January 19, 2017 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised about 3.3 percent from the...more

FTC Increases HSR Thresholds for 2017

The US Federal Trade Commission (“FTC”) has revised and, once again, raised the thresholds for the Hart Scott Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The HSR Act may require that parties to...more

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