News & Analysis as of

Competition

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: Behavioral Remedy Satisfies European Commission in Rolls-Royce’s €720M Agreement to Purchase the Rest of ITP

by McDermott Will & Emery on

WHAT HAPPENED: ..Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer....more

Competition class actions off to a slow but steady start

by Allen & Overy LLP on

The first judgment on class certification for competition class actions has been issued by the Competition Appeal Tribunal. The judgment will reassure potential defendants, as the Tribunal demanded greater rigour from the...more

THE LATEST: Limiting Early Discovery in Parallel Criminal and Civil Cases

by McDermott Will & Emery on

Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a...more

Top M&A developments in 2017 for ADG companies

by Hogan Lovells on

We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was...more

What Would an Illegal Price Fixing Bot Look Like? Sending Price Fixing Robots to Price Fixer Robot Jail

by Kelley Drye & Warren LLP on

A few weeks ago, we looked at price setting bots and whether what they were doing could constitute a violation of the Sherman Act. Generally, we concluded that a bot that set price off a competitor’s publicly available prices...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

France Becomes an Attractive Forum for Antitrust Follow-On Damages Claims

by Reed Smith on

Companies often associate competition rules with public enforcement. However, competition law can also be a source of compensation. The new French Order and Decree, which together implement Directive 2014/104/EU on actions...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

Supreme Court won’t weigh in on Sherman Act liability for false advertising

The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham...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

Implementation of the European Union Directive on Antitrust Damages Actions into French Law

by McDermott Will & Emery on

On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts...more

Competition Policy in Transition

by Hogan Lovells on

Actor James Dean once said, “I can't change the direction of the wind, but I can adjust my sails to always reach my destination.” Change is constant – industries change, consumers change, competition changes, regulators...more

Brussels Regulatory Brief: April

by K&L Gates LLP on

On 13 March 2017, it was announced that a United States (“U.S.”) chipmaker will acquire an autonomous vehicle technology company based in Israel for approximately USD 15.3 billion. This transaction may provide an interesting...more

The benefits and harms of e-commerce on competition law

by Dentons on

Electronic commerce has gained significant popularity globally in recent years. As the internet became more familiar, and traditional biased attitude towards bricks-and-mortar retail shops fade, more businesses begin to...more

Germany Updates Competition Rules to Deal with Digital Markets

by Reed Smith on

The “Digital Strategy 2025”, adopted by the German Federal Government on March 1, 2016, aims to ensure that Germany remains a growing, modern and significant financial marketplace in an increasingly digitalized environment....more

Modernisation on all fronts: Today’s Adoption of 2017 Amendments to the German Act against Restraints of Competition

by Allen & Overy LLP on

The most important changes and their practical impact - The EU antitrust damages directive (2014/104/EU) (the Damages Directive) should in fact have been transposed into national law by the end of 2016—however, the ninth...more

The Italian Council of State Provides Welcome Clarifications Regarding the Standard of Proof That the Italian Competition...

by K&L Gates LLP on

The Italian Council of State (“CdS”) has recently annulled a EUR 29 million fine imposed by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) in 2015 on two insurance companies for...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

by K&L Gates LLP on

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Brexit and the aviation industry: Up in the air?

by Dentons on

The aviation sector is crucial to the UK economy. The UK government has said it wants to work with industry to ensure the sector remains “prosperous and open for business” post-Brexit. It seems likely that there will be some...more

Hogan Lovells academic all-stars debate hot tech topics

by Hogan Lovells on

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends...more

M&A Activity in the Connect Vehicles Sector: More Antitrust Filings on the Horizon?

by Hogan Lovells on

M&A activity in the connected vehicles sector might need to be notified to antitrust authorities, even when the target has limited revenues, as shown by the recent Intel/Mobileye deal. Connected vehicles (or, taking it...more

Damages Directive and competition claims

by Allen & Overy LLP on

The Damages Directive came into force in the UK on 9 March 2017. This change is important, as the risk of competition claims is likely to increase steadily across the EU. What may be less obvious, but is equally significant,...more

DSM Watch: Germany suggests ramping up regulation of Digital Platforms by establishing a “Digital Agency” with a robust antitrust...

by Hogan Lovells on

Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against...more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

by Kelley Drye & Warren LLP on

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She...more

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