Securities Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Securities issues written by leading professionals.
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The UK’s Fair and Effective Markets Review

On 10 June 2015, the Bank of England (“BoE”), HM Treasury (“HMT”) and the Financial Conduct Authority (“FCA”) published the final report on the “Fair and Effective Markets Review” which had been launched one year ago with the...more

Crowdfunding Isn’t Charity

“How do I get backers for my project?” - You see this question asked frequently on social media sites. The projects are sometimes serious, but have often advanced little more than a dream. The person seeking funds may...more

[Event] Evolving the Compliance Function: Leveraging Data to Lead the Convergence of Risk, Internal Audit and Ethics & Compliance...

Things are changing fast in the worlds of governance, risk management and compliance. With each day comes bigger corporate risks and the consequences of not seeing them coming. Companies are beginning to embrace “breaking...more

ICAP – one fine too many?

On 4 February 2015, the European Commission (Commission) fined cash broker ICAP plc (ICAP) €14.9 million for its involvement in the Japanese Yen (JPY) LIBOR cartel. Unlike the other participants in the alleged cartel, ICAP...more

M&A Team News - April 2015

What Revlon Doesn't Require - Two decisions by the Delaware courts (In re Family Dollar Stores, Inc. and C&J Energy Services Inc. v. City of Miami General Employees' and Sanitation Employees' Retirement Trust have more...more

US China Trade War — TPA Passes Senate–Developments in Trade, Customs, IP/337, Antitrust and Securities

The major trade issue is Trade Promotion Authority (“TPA”) and the Trans Pacific Partnership. On May 22, 2015, after another close cloture vote, the TPA bill passed the Senate by a majority vote of 62 to 37 votes. The...more

D&O in Brazil and Latin America [Video]

From the 2015 PLUS D&O Symposium session “Emerging International Exposures: What’s Next in Your Neck of the Woods?,” moderator Kevin M. LaCroix, Esq., RPLU (RT ProExec) and panelists Marcus Smithson (Assicurazioni Generali...more

Two Regulatory Crises

It strikes me that two civil regulators are facing dire attacks on aspects of their enforcement programs – both in different U.S. Courts of Appeals – at the same time. Both of these attacks arise out of generalized statutes...more

Alert: Scope of EU Merger Control Reforms in Doubt

Recent comments by the European Commissioner for Competition, Margrethe Vestager, indicate that European Commission staff still have some persuading to do over their proposal to extend the scope of European merger control to...more

Looking Forward: Canadian Class Actions in 2015

Looking Forward - Developments in the courts continue to make class actions an attractive option for plaintiffs. The sphere of risk for companies operating in Canada is expanding. It is thus no surprise that activity...more

US China Trade War–Developments in Trade, Trade Politics, Patents/IP, Antitrust and Securites

On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more

ESMA Publishes Technical Advice on New EU Market Abuse Regime

On February 3, the European Securities and Markets Authority (ESMA) published its final report to the European Commission (EC) with technical advice on possible new secondary legislation under the European Union’s Market...more

The World in US Courts - Winter 2015: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border...

Winter 2015 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Winter 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

The New Hart-Scott-Rodino Magic Number is $76.3 Million

The Hart-Scott-Rodino Act ("HSR") requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That...more

Credit Crunch Digest - January 2015

In This Issue: - Libor and Foreign Exchange Litigation - Litigation and Regulatory Investigations - Government and Regulatory Intervention - Excerpt from Libor and Foreign Exchange...more

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification...more

Hart-Scott-Rodino Thresholds to Increase

Beginning February 20, 2015, transactions valued at more than $76.3 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This...more

HSR Thresholds Will Increase Slightly for Transactions in 2015

On February 20, 2015, 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...more

Time for an antitrust checkup: FTC announces 2015 thresholds under HSR Act and Clayton Act

January is a good time to take stock of compliance programs and set aside dated opinions and guidance to avoid relying on old rules, and antitrust is no exception to that. Because the FTC announces revisions to HSR Act and...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

New HSR Reporting Thresholds Announced for 2015

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

State Of The Union “Sneak Peek” Highlights Administration Cybersecurity Initiatives

As part of a series of “sneak peeks” announced in advance of the State of the Union address on Tuesday, January 20th, President Obama made remarks last week before the Federal Trade Commission, the Department of Homeland...more

Supreme Court Permits Appeal To Go Forward in LIBOR Antitrust Lawsuit

On January 21, 2015, the Supreme Court decided a narrow but important issue of appellate jurisdiction in cases that have been consolidated for pretrial proceedings by the Judicial Panel on Multidistrict Litigation. A...more

Chinese Legal Overhaul to Impact Overseas IPOs, Private Equity Investments

On January 19, 2015, China’s Ministry of Commerce (MOFCOM) issued for comment a new draft foreign investment law that if implemented would be the most significant change to China’s foreign investment regime in at least the...more

The SEC Totally Cares about Its Injunctions

Last week I wrote a post discussing the injunctions the SEC typically obtains against defendants in federal court. I noted the oddity of these obey-the-law injunctions and wondered aloud why the Commission never pursues...more

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