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Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

Global merger control: Crossing the finish line: The EU approach to conglomerate effects

by White & Case LLP on

An increase in cases has been seen as a warning that the EU is ramping up its response to potential conglomerate effects. What can merging companies do to prepare for a challenge? In the aftermath of the attempted merger...more

Global merger control: Crossing the finish line: The devil’s in the disclosure

by White & Case LLP on

Has the disclosure standard for companies been raised in the EU? In May 2017, the European Commission fined Facebook €110 million for providing incorrect information during the merger control process of its acquisition of...more

DOJ Confirms Active ‘No-Poaching’ Criminal Investigations in Healthcare and Other Industries

by Morgan Lewis on

A series of recent statements highlight the continuing enforcement by the US Department of Justice to focus on “no-poaching” and wage-fixing agreements with more enforcement actions expected to be announced in the near...more

Even Minority Interest in a Competitor Could Violate Antitrust Laws

by Faegre Baker Daniels on

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

Not Just Mergers – FTC Highlights Commonly Missed HSR Reportable Transactions

by Mintz Levin on

The Premerger Notification Office (the “PNO”) of the Federal Trade Commission (the “FTC”) recently issued a reminder about often overlooked “transactions” that may require notification under the Hart-Scott-Rodino Antitrust...more

DOJ Antitrust Division Names New Criminal Deputy Assistant Attorney General

Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is...more

Q&A With Tom Fox On His New Book, 'The Complete Compliance Handbook'

by JD Supra Perspectives on

Compliance Evangelist Tom Fox's new book it out - here's what learned about it from the author himself....more

The “SMARTER” Act Moves a Step Closer to Harmonizing the Merger Review Process

by Epstein Becker & Green on

The Federal Trade Commission (“FTC” or “Commission”) and the Antitrust Division of the Department of Justice (“DOJ”) share responsibility for merger enforcement under section 7 of the Clayton Act. However, differences in the...more

Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

Competition Law Compliance: Canada’s Competition Bureau Releases New Draft Immunity and Leniency Programs

In today’s enforcement climate, it is critical that businesses adopt and adhere to a competition law compliance policy that accords with the Competition Bureau’s 2015 bulletin on Corporate Compliance Programs....more

Commission imposes upon Dutch Cable & Telco company Altice a record fine of €125 million for gun jumping under the EU Merger...

On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and telecommunications company based in the Netherlands, for implementing its acquisition...more

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

10 Hallmarks of an Effective Compliance Program - #7 Third Parties

by Thomas Fox on

Episode 7 of a ten-part series for compliance professionals. In this new series of audio white papers, Thomas Fox looks at the 10 Hallmarks of an Effective Compliance Program. Hallmark # 7: Third Parties....more

Episode 37 -- Ethics and Compliance Trends from Recent Surveys and Studies

by Michael Volkov on

Two recent ethics and compliance surveys and studies provide important information on ethics and compliance program trends.  The first is LRN’s 2018 Ethics and Compliance Program Effectiveness Report.  The second is...more

Antitrust M&A Snapshot - May 2018

by McDermott Will & Emery on

United States: January – March 2018 Update - One year into the Trump administration, the US antitrust agencies are finally starting to implement their enforcement policies. Most notably, trial began in the US Department of...more

Subtle Changes to Final Judgments by Antitrust Enforcers Prove Costly to Defendants

by Epstein Becker & Green on

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, the “Federal Antitrust Enforcement Agencies”) have made a concerted effort of late to describe themselves as “antitrust...more

Will Your Antitrust Compliance Program Detect a Violation?

by Perkins Coie on

The Antitrust Division of the U.S. Department of Justice (DOJ) hosted a roundtable discussion on criminal antitrust compliance programs recently. Lawyers from corporate law departments and law firms, as well as from foreign...more

No-Poach, No-Solicit Provisions of Corporate Agreements Now Face Criminal Prosecution

by Locke Lord LLP on

A nearly ubiquitous element of corporate conduct, thought to be legal and competitively harmless, now faces the prospect of criminal prosecution by the U.S. Department. of Justice, Antitrust Division (“Division”). On April 3,...more

The 2018 Class Action Survey by Carlton Fields

by Carlton Fields on

Carlton Fields is pleased to share its seventh annual Class Action Survey, providing an overview of important issues and practices related to class action matters and management. As this annual publication evolves, we strive...more

Can a Subsidiary Conspire with Its Parent?

by Epstein Becker & Green on

A violation of Section 1 of the Sherman Act requires an agreement between two or more separate economic entities. In Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984), the Supreme Court of the United States...more

The Intel Ruling: A New Dawn?

by Shearman & Sterling LLP on

In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more

FTC Announces Campaign to Assist Small Businesses with Strengthening Their Cybersecurity

by Weiner Brodsky Kider PC on

The FTC has been ramping up its efforts to help small businesses understand cybersecurity and learn best practices for promoting cybersecurity in their organizations. According to the FTC, cyber-attacks on small businesses...more

District Court Dismisses Pending Trade Practice Case, With Leave to Amend

by McDermott Will & Emery on

This month, the United States District Court for the Northern District of California issued an opinion in Arena Restaurant and Lounge, Inc. v. Southern Glazer’s Wine and Spirits, No. 17-CV-03805-LHK. The Arena case, also...more

FTC Offers Advice on Avoiding Violations in Pre-Merger Negotiations and Due Diligence

by K&L Gates LLP on

The Federal Trade Commission (“FTC”) recently published advice to businesses on avoiding violating the antitrust laws during merger negotiations and due diligence. Businesses engaging in mergers, acquisitions, and joint...more

Annual HSR Report: No New Challenges to Hospital or Ambulatory Surgery Center Mergers in 2017

by Epstein Becker & Green on

On April 11, 2018, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released their 40th Annual Hart-Scott-Rodino Report (“HSR Report”) detailing merger enforcement activity in fiscal year 2017...more

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