Orrick - Antitrust Watch

Last month, Colorado Governor Jared Polis signed a law repealing a provision of the Colorado Antitrust Act that prohibited challenging a merger under state law where the federal antitrust agencies did not also challenge the…more

Anti-Competitive, Anticompetitive Behavior, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Dr. Sven Greulich, LL.M. , EMBA

Will (almost) every U.S. VC investment in German startups require FDI approval in the future?

The German Government is about to tighten the control of foreign direct investments (FDI) in German companies—again! The suggested changes might impede or at least delay non-EU (in reality mainly U.S.…) investments in German…more

Foreign Direct Investment, Foreign Investment, Germany, National Security

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Maxence Jonvel

Illumina vs European Commission: the EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the capture of mergers below the thresholds

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert…more

Competition, EU, EUMR, European Commission, European Merger Control Regulation

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Emily Luken

U.S. v. Sabre: Putting the Innovation Theory of Harm to the Test?

In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline…more

Airlines, Antitrust Provisions, Aviation Industry, Competition, Corporate Counsel

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Dr. Lars Mesenbrink

New Enforcement Tool Against Abusive Market Conduct

New enforcement tool for the German Federal Cartel Office in the control of abusive behavior of companies with a paramount cross-market significance for competition..…more

Cartels, Competition, Federal Cartel Office (the FCO), Germany, Merger Controls

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Amy Ray

No HSR Filing Means No Antitrust Issues? Think Again!

My transaction does not require an HSR filing. That means we don’t have to worry about potential antitrust issues, right? WRONG. The HSR Act requires that parties to certain transactions submit a premerger notification filing…more

Anti-Competitive, Antitrust Provisions, Competition, Corporate Sales Transactions, Department of Justice (DOJ)

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Shelley Zhang

New Anti-Monopoly Regulations in Force in China

September 1, 2019 may be seen as a new starting point for the enforcement of China’s antitrust and competition laws. On this date, three new sets of rules and regulations (the “Three New Regulations”) took effect, which were…more

Administrative Authority, Anti-Competitive, Anti-Monopoly, Antitrust Provisions, China

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Orrick - Antitrust Watch

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