The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct...more
In the span of two weeks in August, two different owners of allegedly standard essential patent (SEP) portfolios—asserted against the implementation of cellular standards including 4G/LTE—won cases in Germany and in the...more
9/11/2020
/ Court of Justice of the European Union (CJEU) ,
DaimlerAG ,
ETSI ,
EU ,
FRAND ,
Germany ,
Huawei ,
IP Portfolio ,
Nokia ,
Standard Essential Patents ,
Telecommunications ,
Threshold Requirements ,
UK ,
UK Supreme Court ,
Wireless Industry
As noted in our recent LawFlashes, New Powers for UK Government in Transactions Impacting Public Health Emergencies and National Security and Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers,...more
The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and...more
New reforms have given the UK government the power to intervene in acquisitions, with a view to maintaining in the United Kingdom the capability to combat and mitigate the effects of public health emergencies....more
6/28/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Health and Safety ,
Healthcare Facilities ,
National Security ,
Public Health ,
Restricted Transactions ,
UK
The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which...more
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. ...more
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be...more
Global cartel fine totals rebounded somewhat in 2019, approaching historical norms following two years of sharply lower fine levels.
The $6.1 billion total is the highest global fine level since 2016. Most of the increased...more
3/2/2020
/ Africa ,
Antitrust Provisions ,
Antitrust Violations ,
Asia ,
Cartels ,
Competition ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
EU ,
Fines ,
South America
From disrupting the supply of medical devices to affecting how they are regulated and sold in the United Kingdom (UK), Brexit could carry significant implications for UK healthcare and trade....more
At $3.6 billion, worldwide cartel fines in 2018 decreased by 17%, down from $4.2 billion in 2017, even though antitrust enforcers around the world continued to impose significant penalties.
These developments—as well as...more
Authorities in various jurisdictions are stepping up enforcement against no-poaching agreements between employers. From training their HR staff in antitrust rules to reviewing their hiring agreements, employers should take...more
Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more
Challenges and recent developments regarding NPLs and the role of EU state aid rules.
More than one trillion euros’ worth of nonperforming loans (NPLs) are concentrated in the periphery of the European Union, with banking...more
A primer on avoiding procedural breaches in EU Merger Control.
The European Commission (Commission) is cracking down on parties that break procedural rules in transactions subject to European Union (EU) merger control. A...more
Fines significantly down, several enforcement firsts and a strong pipeline of new, mainly domestic cartel cases around the world....more
7/26/2017
/ Automotive Industry ,
Brazil ,
Cartels ,
Compliance ,
Cooperation Agreement ,
Corporate Counsel ,
Corporate Fines ,
Criminal Penalties ,
Dawn Raids ,
EU ,
Extradition ,
Financial Services Industry ,
Fines ,
FTAIA ,
India ,
Peru ,
Pharmaceutical Industry ,
Real Estate Market ,
UK ,
UK Brexit ,
Whistleblowers
Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued.
Several significant developments occurred in cartel enforcement...more
1/18/2017
/ Africa ,
Antitrust Litigation ,
Asia ,
Australia ,
Benchmarks ,
Brazil ,
Canada ,
Cartels ,
Corporate Counsel ,
Corporate Fines ,
Criminal Penalties ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
Guilty Pleas ,
Middle East ,
No-Poaching ,
Pharmaceutical Industry ,
Prison ,
Sherman Act ,
Wage and Hour ,
Wage-Fixing
On 18 November 2016, the UK’s Financial Conduct Authority (FCA) published interim findings from its year-long study of the country’s asset management sector—concluding that price competition is weak in several areas, and...more
Cartel enforcement activity promises to remain busy In the coming months and into 2017
Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more
9/13/2016
/ Algorithms ,
Asia ,
Canada ,
Cartels ,
Colombia ,
Competition ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Authority ,
EU ,
European Commission ,
Extradition ,
Fines ,
Foreclosure ,
Foreign Exchanges ,
Germany ,
India ,
Italy ,
Pharmaceutical Industry ,
Real Estate Market ,
Russia ,
Sherman Act ,
Shipping ,
Spain ,
Subpoenas ,
Yates Memorandum ,
Young Lawyers
Although no changes will affect competition law and enforcement in the immediate future, the long-term implications of Brexit depend on the relationship between the United Kingdom and the European Union....more