UNITED STATES -
- Agencies Revisiting Consummated Mergers -
What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more
7/29/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Energy Sector ,
EU ,
EUMR ,
Federal Trade Commission (FTC) ,
Mergers ,
Oil & Gas ,
Popular ,
Request For Information ,
UK ,
UK Competition and Markets Authority (CMA)
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
IN THIS FEBRUARY 2024 ISSUE -
UNITED STATES -
New Merger Guidelines Released -
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more
2/14/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Mergers
1. European Court of Justice rules on withdrawal rights regarding vehicle financing and leasing -
In a judgment released on 21 December 2023, the European Court of Justice (“ECJ”) further clarified the requirements for...more
1/3/2024
/ Artificial Intelligence ,
Auto Lease ,
Electric Vehicles ,
EU ,
European Court of Justice (ECJ) ,
Financing ,
Germany ,
Lease Financing ,
Legislative Agendas ,
Machine Learning ,
Motor Vehicles ,
New Legislation ,
Right to Repair ,
Risk Management ,
Supply Chain ,
Transportation Industry
1. Proposal for EU directive for right to repair no longer covering motor vehicles -
The European Parliament’s Internal Market and Consumer Protection Committee has voted on a draft report on the proposed EU directive...more
12/4/2023
/ Antitrust Provisions ,
Automotive Industry ,
Competition ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Financial Services Industry ,
Germany ,
Legislative Agendas ,
Lenders ,
Manufacturers ,
Motor Vehicles ,
New Legislation ,
Payment Protection Insurance ,
Proposed Regulation ,
Right to Repair ,
UK Data Protection Act
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)
1. Federal Court of Justice rules on bank’s right of retention after withdrawal from loan and purchase agreements if consumer sells vehicle Germany’s highest civil court, the Federal Court of Justice (Bundesgerichtshof,...more
APRIL – JUNE 2023: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• Federal Trade Commission Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications On June 27, 2023, the Federal Trade...more
7/31/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Notice of Proposed Rulemaking (NOPR) ,
Pharmaceutical Industry ,
Premerger Notifications
The mobility and automotive industry continues to undergo dynamic change. As the market evolves, so does the legal framework for the industry. Dr. Sebastian Keding, Dr. Heiko Kermer, Max Küttner and David G. Schäfer provide...more
6/1/2023
/ Auto Parts ,
Automotive Industry ,
Borrowers ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Lenders ,
Liability Insurance ,
Loans ,
Manufacturers ,
UK
On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as:
- In dynamic...more
UNITED STATES -
Wilson Resigns as FTC Commissioner -
On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more
4/21/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Healthcare ,
Horizontal Mergers ,
Investigations ,
Merger Controls ,
Mergers ,
Private Equity ,
Settlement Agreements ,
UK Competition and Markets Authority (CMA)
In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business.
The purpose of this Review is to provide legal counsel and their teams easy...more
1/31/2023
/ Abuse of Dominance ,
Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EUMR ,
European Commission ,
European Economic Area (EEA) ,
General Court of the European Union (GCEU) ,
Mergers ,
National Competent Authorities (NCA) ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU)
CARTELS & RESTRICTIVE AGREEMENTS -
EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING -
AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more
2/4/2022
/ Cartels ,
Competition ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Investment ,
Legislative Agendas ,
Merger Controls ,
Policy Management ,
Restrictive Covenants ,
State Aid
JULY – SEPTEMBER 2021: HIGHLIGHTS -
UNITED STATES -
• The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more
10/29/2021
/ Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
EU ,
EUMR ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Jurisdictional Thresholds ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
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
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
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
A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors.
Digital...more
12/20/2019
/ CFIUS ,
Digital Health ,
Digital Services Tax ,
Global Dealmaking ,
Healthcare ,
International Arbitration ,
Life Sciences ,
Medical Devices ,
Outbound Transactions ,
Private Equity ,
State-Owned Enterprises ,
UK Competition and Markets Authority (CMA)
United States: July - September 2019 Update -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) continue an active docket challenging M&A transactions. DOJ is resolving antitrust reviews significantly...more