Antitrust Investigations

News & Analysis as of

Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

Sounding the Alarm: White House Agency Warns of Decreasing Competition Across U.S. Economy

The Council of Economic Advisors, a White House agency charged with advising the president on economic policy, recently issued a report, Benefits of Competition and Indicators of Market Power, addressing the state of...more

ABA Antitrust Section’s Spring Meeting—What You Need to Know

The American Bar Association held its 64th annual Antitrust Law Spring Meeting April 5–8, 2016, in Washington, D.C. Over 3,000 practitioners, enforcers, economists and academics from around the world came together to discuss...more

Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels

The Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run. Just last month, Assistant Attorney General Bill Baer...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

U.S. International Trade Commission Announces Investigation Examining Global Competitive Conditions Affecting the U.S. Aluminum...

Background - On April 6, 2016, the ITC announced the initiation of an investigation to examine global competitive conditions affecting the U.S. aluminum industry. The ITC’s investigation was requested by the House...more

DAMITT: Is the Use of Upfront Buyers Causing Longer Merger Investigations? Q1 2016 Update Confirms 2015 Trends

The Trend of Longer Investigations Continues - Significant merger investigations lasted 9.5 months on average over the 12 months ending Q1 2016, about 20% longer than the 8.0 month average over the prior 12 months. The...more

State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority)....more

The Yates Memo and Antitrust Enforcement

On March 1, 2016 a memorandum prepared by Department of Justice Deputy Attorney General Sally Quillian Yates as part of the Department’s revamping of its overall corporate cooperation credit program took on a whole new...more

Enhanced Sharing of Antitrust Evidence: New EU/Japan Cooperation Agreement

On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. The...more

The European Court of Justice Rules against Overreaching Requests for Information by the European Commission

Last week, the Court of Justice of the European Union (ECJ) ruled that the General Court of the European Union (GCEU) had been wrong when deciding that the European Commission’s requests for information sent to eight cement...more

Antitrust Matters - March 2016: Hubs, spokes, middlemen and signalling

Despite European competition law's dynamic and ever-evolving nature, for a very long period of time undertakings could rely on two quasi-certainties: first, that vertical information gathering – gathering or exchanging...more

The European Commission’s Investigative Powers Curtailed by the EU Court

On 10 March 2016, the Court of Justice of the European Union (“the Court”) annulled a request for information that the European Commission (“the Commission”) had made to several cement makers in a cartel probe....more

"German Competition Regulator Investigates Facebook for Alleged Violation of Data Protection Laws"

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to...more

Highest EU court strikes down vague and ambiguous information requests

Statement of reasons was excessively vague in light of the extent of information requested and the advanced investigation stage. Introduction - On 10 March 2016, the European Court of Justice issued a landmark...more

Latest German Sausage? Privacy-Wurst by Facebook

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law...more

Global Trends In Merger Control Enforcement: February 2016

We have collected and analysed data on merger control activity for 2015 from 16 jurisdictions, focussing on the U.S., EU and China, pulling out key trends aswell as practical differences. The results are insightful and, in...more

Six Trends Impacting Health Care M&A in 2016

From hospital expansions with large insurance deals to physician group consolidation, the continued outlook for health care mergers and acquisitions in 2016 is expected to be rampant. The following six factors will likely be...more

UnitedHealth Settles NY Attorney General Antitrust Probe

In early January, the New York Attorney General's Office announced that it had reached an agreement with UnitedHealth that would conclude the AG Office's investigation into UnitedHealth's marketing of elder care and nursing...more

European Competition Law Newsletter – March 2016

On 16 February 2016, the European Commission (EC) took the next step in its antitrust investigation into the use of price increase letters by 15 container liner shipping companies (carriers). The concern identified by the...more

U.S. Antitrust Agencies Continue Enforcement Push Targeting Invitations to Collude

Recent federal antitrust enforcement activity demonstrates that companies that invite or merely suggest collusive agreements to competitors can be found liable. As the federal antitrust authorities continue their path to...more

Proposed Aetna-Humana Merger Passes Another Hurdle in Antitrust Review

The proposed merger between major health insurers Aetna Inc. and Humana Inc. continues to inch closer to finalization. In a recent press release, Aetna announced that 10 states have now signed off on its proposed acquisition...more

Container Liner Shipping Companies Committed to Change Future Price Announcements

On 16 February 2016, fifteen container liner shipping companies offered commitments to the European Commission (the “Commission”), including changes of their price announcements, as the Commission considered that the previous...more

DAMITT – How Long Does it Take to Conduct U.S. Antitrust Merger Investigations? (Update)

Dechert’s Antitrust Merger Investigation Timing Tracker (DAMITT) is at it again compiling data from 2015. Fast Facts - - Merger investigations in 2015 took an average of 9.6 months to conduct (more than 1/3...more

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