News & Analysis as of

Competition Enforcement

Manatt, Phelps & Phillips, LLP

Unhealthy Alliance: Hospitals Sharing Senior Leadership Increases Antitrust Risk

Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its...more

Latham & Watkins LLP

A Less Economic Approach? European Commission Consults on Draft Guidelines for Exclusionary Conduct

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The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more

White & Case LLP

Antitrust enforcement is on the rise in Africa

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Africa is undergoing significant changes in antitrust regimes throughout the continent. The regulatory landscape is shifting rapidly with countries either significantly amending their competition laws or proposing new laws...more

White & Case LLP

The European Commission moves away from economics and proposes a presumption-based approach in its draft guidelines on...

White & Case LLP on

The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

A&O Shearman

From effects to presumptions? The EC Draft Guidelines on exclusionary abuse

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The Draft Guidelines set out the European Commission (EC)’s approach on exclusionary abuse by dominant undertakings. The EC is proposing a shift away from the effects-based approach set out in its earlier enforcement...more

Mintz - Antitrust Viewpoints

Top Competition Enforcers in the US, EU, and UK Release Joint Statement on AI Competition – AI: The Washington Report

On July 23, 2024, the leading competition enforcers in the US, EU, and UK released a Joint Statement on Competition in Generative AI Foundation Models and AI products. The statement outlines risks to competition that are...more

White & Case LLP

Asia Pacific antitrust update – July 2024

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As we move into the second half of 2024, the competition law landscape across the Asia-Pacific region continues to shift towards tighter regulation and increased enforcement. Faced with the intricate challenges of modern...more

K&L Gates LLP

The European Commission Sends Strong Signal Against Parallel Import Restrictions

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On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product...more

Cohen & Gresser LLP

DOJ’s Health Care Task Force Brings Holistic Approach to Policy and Enforcement

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The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry...more

K&L Gates LLP

Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

K&L Gates LLP on

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of...more

McDermott Will & Emery

What California’s DOJ Said at the 2024 Antitrust Spring Meeting

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The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions....more

K&L Gates LLP

April 2024 ESG Policy Update—Australia

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Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more

Sheppard Mullin Richter & Hampton LLP

Increased Scrutiny into Agents & Brokers in the Medicare Advantage Space

Most Medicare Advantage (“MA”) beneficiaries rely on agents and brokers to help them navigate the complex process of selecting a health plan that will meet their needs. In exchange, brokers and agents received certain fixed...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

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The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Dechert LLP

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

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Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more

Proskauer - Minding Your Business

President Biden Announces New Price Fixing “Strike Force”: Government Continues Antitrust Crusade

Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group...more

Mintz - Antitrust Viewpoints

FTC Chair Khan: “We Need to Choose Competition over National Champions” in the AI Age — AI: The Washington Report

On March 13, 2024, the Carnegie Endowment for Peace hosted Federal Trade Commission (FTC or Commission) Chair Lina Khan for a panel entitled “The Future of American Innovation.” The panel discussion, which broadly concerned...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

K&L Gates LLP

Cost of Living, Sustainability and the Digital Economy: ACCC Releases its 2024-25 Compliance and Enforcement Priorities

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In Brief - The Australian Competition and Consumer Commission (ACCC) has released its compliance and enforcement priorities for 2024-25, with ACCC Chair Gina Cass-Gottlieb expanding on the Commission's key areas of focus in...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

A&O Shearman

Key Regulatory Topics: Weekly Update 23-29 Feb 2024

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Amongst the broad range of updates this week, at international level, the FSB published its thematic peer review on MMF Reforms and the BCBS published the outcomes of its meeting held on 28 and 29 February, including that it...more

A&O Shearman

EU publishes summary of recent competition enforcement in the pharmaceutical sector and promises to continue policy of proactive...

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The European Commission (EC) has published its latest report on competition enforcement in medicines and medical products. Key takeaways are that: EU and Member State authorities imposed multiple material antitrust...more

A&O Shearman

Antitrust in focus - January 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Noah Brumfield, partner based in Washington, D.C. and Silicon Valley, is our editor this month. He has selected: ...more

Cohen & Gresser LLP

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

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Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more

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