The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger...more
11/1/2024
/ Acquisitions ,
Antitrust Division ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union -
On April 20, 2023, the EU Commission (Commission) adopted and published a...more
Zum 1. Juni 2022 ist eine neue Vertikal-Gruppenfreistellungsverordnung („Vertikal-GVO“) in Kraft getreten. Gleichzeitig hat die Europäische Kommission die begleitenden Vertikal-Leitlinien neu aufgelegt. Diese beiden...more
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
What has changed?
• On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes.
•...more
What Happened:
• On January 19, 2021, major changes to German antitrust/competition law, i.e. the 10th Amendment Act to the German Act Against Restraints of Competition (ARC) entered into force.
• In addition to...more
The European Commission has taken a significant step toward the revision of the Vertical Block Exemption Regulation (VBER) and the Vertical Guidelines. With its evaluation phase ending, the Commission has recently presented...more
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more
9/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Customers ,
Deadlines ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
Remote Depositions ,
Remote Hearings ,
Settlement Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Videoconference
As of 29 May 2020, an amendment to the German merger control regime enters into force. The amendment, thought as a response to the Covid-19 crisis, temporarily extends the review periods from one to two months (Phase 1), and...more
The Legal Impact in Europe on Pharmaceutical and Medical Device Companies -
The current crisis mode has triggered legal and commercial issues that affect the pharmaceutical and medical device industry across...more
5/27/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
EU ,
European Commission ,
European Competition Network (ECN) ,
Exports ,
Force Majeure Clause ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Imports ,
Intellectual Property Protection ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Remote Working ,
UK ,
Wine & Alcohol
Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding...more
3/29/2020
/ Anti-Competitive ,
Competition ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Enforcement ,
EU ,
European Competition Network (ECN) ,
State of Emergency ,
Supply and Demand ,
Supply Chain ,
Waivers
On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus...more
3/27/2020
/ Coronavirus/COVID-19 ,
EU ,
European Commission ,
Federal Funding ,
Federal Loans ,
France ,
Member State ,
Relief Measures ,
Small and Medium-Sized Enterprises (SMEs) ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU)
Die Europäische Kommission hat am 19. März 2020 beihilferechtliche Leitlinien im Zusammenhang mit den wirtschaftlichen Folgen des COVID-19-Ausbruchs verabschiedet. Die bis zum 31. Dezember 2020 befristeten Leitlinien legen...more
CARTELS & RESTRICTIVE AGREEMENTS -
CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION –
C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 –
On 23 January 2018, the CJEU...more
2/19/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Authorities ,
Confidential Information ,
Court of Justice of the European Union (CJEU) ,
Enforcement Actions ,
EU ,
Foreign Investment ,
General Court of the European Union (GCEU) ,
Germany ,
Internet Retailers ,
Member State ,
Merger Controls ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Websites
McDermott's EU Competition Annual Review summarizes key developments in the EU competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were...more
As reported previously, German competition law was recently amended. The amendments included with the introduction of a “size of transaction”-threshold a notable change with respect to German merger control. The following is...more
A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are:
..Merger control: Introduction of a new “size of transaction”-threshold...more
The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the...more
4/4/2016
/ Bid Rigging ,
Cartels ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Criminal Antitrust Litigation ,
Discrimination ,
EU ,
European Commission ,
Extradition ,
Guilty Pleas ,
Indictments ,
Member State ,
Price-Fixing