The national security and foreign direct investment (“FDI”) review landscape around the world is evolving rapidly. A pre-pandemic trend of active FDI reviews in countries around the world has gained momentum and resulted in...more
The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP’s Antitrust/Competition practice reporting on trends in significant merger control investigations in the United States...more
2/5/2021
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Monopolization ,
Regulatory Oversight ,
UK Brexit
Recent notable industry transactions.
The Alan Turing Institute, the Royal Statistical Society and the UK Department of Health and Social Care's Joint Biosecurity Centre finalised a partnership agreement in relation to the...more
12/2/2020
/ AstraZeneca ,
Bayer ,
Coronavirus/COVID-19 ,
Corporate Sales Transactions ,
Infectious Diseases ,
Life Sciences ,
Merck ,
Mylan Pharmaceuticals ,
Pfizer ,
Pharmaceutical Industry ,
UK
Medicines and Medical Devices Bill (MMDB) – The MMDB is intended to act as the primary UK legislation specifying powers that would enable the regulatory regimes for human medicines, clinical trials, veterinary medicines and...more
As the most tax advantageous HMRC approved share option scheme available, the Enterprise Management Incentive (EMI) scheme has long been the preferred form of incentive for eligible early and mid-stage UK-based life science...more
The UK has announced a bill proposing a new system to screen transactions for national security risk, separate from the system of merger review operated by the Competition and Markets Authority. The National Security and...more
12/2/2020
/ Antitrust Provisions ,
Biotechnology ,
Foreign Investment ,
Legislative Agendas ,
Life Sciences ,
National Security ,
Pharmaceutical Industry ,
R&D ,
Regulatory Agenda ,
UK ,
UK Parliament
The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more
10/29/2020
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Joe Biden ,
Merger Controls ,
Mergers ,
Trump Administration ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
United States
Key Takeaways -
The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU.
The White Paper suggests that the...more
8/12/2020
/ Anticompetitive Behavior ,
Competition Authorities ,
Compliance ,
Corporate Counsel ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Subsidies ,
Member State ,
Public Consultations ,
Public Procurement Policies ,
Regulatory Burden ,
Subsidies ,
White Papers
....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more
7/25/2020
/ Antitrust Investigations ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Merger Controls ,
Merger Remedies ,
Mergers ,
Pharmaceutical Industry ,
Phase II ,
Popular ,
Vertical Mergers
Fast Facts -
United States
- The COVID-19 pandemic has yet to slow U.S. merger enforcement, with deal reviews for Q1 2020 averaging 11.1 months in length, slightly below the 11.9 month average for CY 2019.
- The...more
The global COVID-19 pandemic has changed how merger enforcement regimes around the world are currently reviewing proposed transactions. Two weeks into the new environment, we now have a body of experience from which to assess...more
4/1/2020
/ Antitrust Provisions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
United States
Fast Facts -
United States -
- The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more
2/1/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
Blocked Mergers ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Phase II ,
Technology Sector ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
United States
Fast Facts -
United States -
- The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD.
- The number of significant antitrust merger...more
11/8/2019
/ Acquisitions ,
Antitrust Investigations ,
Blocked Mergers ,
Department of Justice (DOJ) ,
Divestiture ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Remedies ,
Trump Administration
Fast Facts -
United States -
U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more
7/31/2019
/ Acquisitions ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Mergers ,
Pharmaceutical Industry ,
Remedies ,
Technology Sector
In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures,...more
The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications:
- Businesses subject to an ongoing EU antitrust investigation on the...more
3/7/2019
/ Abuse of Dominance ,
Anticompetitive Behavior ,
Antitrust Investigations ,
EU ,
European Commission ,
Member State ,
Mergers ,
No-Deal Brexit ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. For deals that have been notified to the European Commission but are still pending approval on 29 March,...more
2/25/2019
/ Acquisitions ,
EU ,
EU Merger Directive ,
European Commission ,
Exclusive Jurisdiction ,
Member State ,
Mergers ,
No-Deal Brexit ,
One-Stop Shop ,
Parallel Proceedings ,
Transitional Arrangements ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The UK Competition and Markets Authority (“CMA”) recently published its infringement decision of 7 December 2016 that imposed a fine on Pfizer and Flynn Pharma (“Flynn”) for abusing their respective dominant positions by...more
9/22/2017
/ Abuse of Dominance ,
Antitrust Investigations ,
Appeals ,
Cancer ,
Drug Pricing ,
Excessive Pricing ,
Fines ,
Infringement ,
Medicines and Healthcare Products Regulatory Agency (MHRA) ,
National Health Service Corp (NHSC) ,
Pfizer ,
Pharmaceutical Industry ,
Prescription Drugs ,
UK ,
UK Competition and Markets Authority (CMA)
The European Commission announced that it sent statement of objections to Merck KGaA, Sigma-Aldrich, General Electric and Canon for alleged breaches of EU merger control rules on 6 July. Merck, Sigma Aldrich and GE have been...more