Criminal Law Mergers & Acquisitions Antitrust & Trade Regulation

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Four Takeaways from the ABA Antitrust Section’s 2015 Spring Meeting

This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and...more

April 2015 Antitrust Bulletin

The Federal Trade Commission (FTC) filed a complaint on February 19, seeking an injunction to prevent Sysco Corporation’s purchase of US Foods Inc. The FTC alleges that the deal would give Sysco too much market power in that...more

Goodyear’s Settlement with the SEC Emphasizes the Importance of FCPA Due Diligence in M&A Transactions and of Having a Robust...

On February 24, 2015, Goodyear Tire & Rubber Co. agreed to pay more than $16 million to settle charges that two of its subsidiaries allegedly paid $3.2 million in bribes that generated $14,122,535 in illicit profits. The SEC...more

China Primer Series: Anti-Monopoly Law 2015

China’s adoption of the Anti-Monopoly Law (“AML”)is a landmark in the evolution of China's economic transformation. The AML was a carefully thought-out, negotiated, strategic development dictated by the central government, a...more

DOJ Penalty Warns: Do Not Jump the Gun

The Department of Justice’s recent $4.95 million settlement of claims of illegal premerger coordination – also known as "gun jumping" – between two particleboard manufacturers reminds parties to exercise care over pre-closing...more

Antitrust In Australia: Where Is It Heading?

The ACCC argues the current wording of section 46 of the Competition and Consumer Act 2010 (CCA) (which regulates misuse of market power) does not sufficiently capture exclusionary anti-competitive conduct that can damage the...more

Orrick's Antitrust and Competition Newsletter - August 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition - On June 17, 2014, China’s Ministry of Commerce, China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the...more

"Health Care and Life Sciences: Affordable Care Act Rollout to Impact M&A and Enforcement Activity"

Health care and life sciences companies face a variety of issues in 2014, including further difficulties with the Affordable Care Act (ACA) rollout because of legal and logistical challenges, the potential dampening of...more

Bill Baer Announces First Major Policy Shift And Provides 2013 Antitrust Division Update

Bill Baer assumed his post as leader of the U.S. Department of Justice (DOJ) Antitrust Division in January of this year and is starting to make his mark....more

Mergers & Acquisitions: Shifting Sands in Canadian Anti-Bribery and Trade Control Laws Raise the Stakes in Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Canada Imposes Wide-Reaching Export, Import and Investment Bans Against Iran

Effective May 29, 2013, Canada significantly expanded its existing economic sanctions measures against Iran by implementing a general ban on supplying or sourcing goods to or from Iran and a prohibition on making any...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

New Competition Regulation in the United Arab Emirates - Considerations for Commercial Practices and Transactions

This briefing identifies the types of practices and transactions in which domestic competition law might be relevant to doing business in the United Arab Emirates (the UAE) in light of the new federal competition law set to...more

Facts are chiels that winna ding*

I. Introduction - This essay reflects on how facts are established for purposes of European competition cases, how these facts are tested when they are inconsistent or disputed, and what improvements might be made. After...more

HSR and Jail Time? The Importance of Being Earnest, and Getting Corporate Internal Investigations Right

Corporate and in-house counsel not accustomed to dealing with white collar defense issues can put themselves and their clients at risk when dealing with bad actors within the company. A routine merger investigation gone wrong...more

Good News/Bad News for M&A and Antitrust: Transactions on the Rise But So is Aggressive Enforcement, Including Prospect of Jail...

The Department of Justice (DOJ) and Federal Trade Commission (FTC) recently issued their Hart-Scott-Rodino (HSR) Annual Report, documenting a significant increase both in the number of transactions reported and the number...more

Avoiding Jail Time: Another Reason to Take HSR Compliance Seriously

An executive of a South Korean company pled guilty on July 2 and agreed to serve five months in a U.S. prison for obstructing justice in connection with a merger investigation conducted by the U.S. Department of Justice. The...more

Recent DOJ Obstruction of Justice Case Highlights Importance of HSR Item 4 Compliance

Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. On May 3, 2012, Kyoungwon Pyo, a senior executive at Hyosung Corporation, agreed to...more

Tampering with Documents in Connection with a Merger Investigation can Land You in Jail!

One does not usually associate the possibility of criminal penalties with the Hart-Scott-Rodino Act premerger review process. However, on May 3, 2012, the U.S. Department of Justice ("DOJ") announced that an executive of a...more

Reminder: the DOJ Has Criminal Antitrust Enforcement Powers Beyond Price Fixing

On May 3, the U.S. DOJ announced that an executive of South Korean-based Hyosung Corporation agreed to plead guilty and to serve time in a U.S. prison for obstruction of justice charges in connection with an automated teller...more

New UK Competition and Markets Authority: What’s in a Name?

On 16 March 2011, the UK government’s Department for Business, Innovation and Skills (BIS) launched a consultation proposing a number of reforms to the UK competition regime. After considering the responses on its proposals...more

Guilty Plea for Altering HSR Documents

The U.S. Department of Justice (DOJ) has provided a jarring reminder of the penalties for dishonesty in Hart-Scott-Rodino (HSR) filings. On August 15, the DOJ announced that Nautilus Hyosung Holdings Inc. (NHI) agreed to...more

DOJ Merger Policy Guide Shines New Light on Conduct Remedies

Antitrust enforcement is now front and center. In the two plus years since Christine Varney was appointed as President Obama’s choice to head, the Antitrust Division's policies have changed, investigations have come to...more

Mexican Competition Law — Insight on the May 2011 Reform

Between late April 2011 and early May 2011, the Mexican Congress and President Calderón completed the legislative process initiated in April 2010 to pass a bill of amendments to the Mexican Competition Law (the...more

New Sanctions Measures Prohibit Dealings With Corrupt Foreign Officials

Canada has implemented new economic sanctions measures targeting activities involving certain “politically exposed foreign persons”. The measures prohibit dealing directly or indirectly in any property of such...more

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