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A Look At UK, EU And US Cartel Enforcement Trends

Demonstrating both increased cross-border collaboration and the adoption of novel theories of cartel violations, the European Commission and the U.K. Competition and Markets Authority, together with the U.S. competition...more

10 Key Takeaways Developments in International Cartel Enforcement and Observations From Workshop

Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more

China Adopts New Merger Control Filing Thresholds

On January 26, 2024, the State Council of China adopted new merger filing thresholds by promulgating the amended Provisions of the State Council on Thresholds for Prior Notification of Concentration of Undertakings (the...more

CJEU Expands Scope of Legal Professional Privilege to Any Legal Advice

According to a new judgment LPP protects private communication between clients and lawyers, limiting requests for information in competition proceedings. Key Points: ..Clients can now argue that their communications with...more

China Amends Rules for Merger Control Filing and Review

China is implementing multiple changes to its merger control procedures, following recent amendments to the country’s Anti-Monopoly Law. China’s Standing Committee of the National People’s Congress has amended the...more

Merger Control in Europe Following COVID-19

Whereas COVID-19 is likely to delay review timelines of many M&A deals, it may also make some approvals easier. Key Points: ..COVID-19 will undoubtedly impact review timelines of mergers. Competition authorities may ask...more

Deal Planning After Brexit - Merger Control Aspects

What does the UK’s exit from the EU on 31 January mean for parties’ deal planning? Key Points: ..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful...more

Shareholder Liability a Cause for Concern for Private Equity Firms

The global regulatory environment has become increasingly challenging for private equity in recent years. In our view, this trend will continue as politicians in the UK and elsewhere seek new tools to hold business...more

Court of Justice Finds Deutsche Bahn Dawn Raids Illegal

Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action. Summary - On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed...more

General Court Rules on Relationship Between “Standard” and Settlement Cartel Procedures for First Time

General Court confirms Commission could impose higher fine during standard procedure than range proposed during settlement discussions. Summary - On 20 May 2015 the General Court (GC) dismissed the Roullier...more

5/26/2015  /  Appeals , Belgium , Cartels

The European Court of Justice Caps Liability for Acquired Companies’ Cartel Infringements

The ruling caps fines on companies with historic cartel exposure that are acquired by large companies and increases predictability of future antitrust exposure stemming from pre-acquisition conduct. On 4 September...more

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