The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
Fierce Competition Podcast | Antitrust Challenges in Organized Sports: How They Play Out in the EU, UK and US
The U.S. Chamber of Commerce Sues the FTC Over Power Grab
The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?
The FTC Issued a New Rule to Ban All New Noncompete Agreements
Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care
Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger Challenge Saga
AGG Talks: Antitrust and White-Collar Crime Roundup - Analyzing the Latest Updates in the Litigation Against Trump
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
JONES DAY TALKS® - Charting the Course: Antitrust's Past, Present, and Future in Labor Markets
What You Need to Know About the New FTC and DOJ HSR Changes
Fierce Competition Podcast | A Look at the Evolving Global Deal Landscape
Consumer Finance Monitor Podcast Episode: Shining a Bright Light on Digital Dark Patterns
Podcast- The FTC's Mission: Competition and Antitrust
Cornerstone Research Connects: The CAT Judgment in Trucks
Uncorked With Farella: M&A in the Wine Industry With Robert Nicholson
Clocking in with PilieroMazza: #LNE4GovCons: FLSA Exemptions Matter When Bidding for SCA Contracts
Clocking in with PilieroMazza: #LNE4GovCons: Impacts of NLRB’s Ruling on Severance Agreement Content
Antitrust Conversations: Antitrust Litigation
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Ellen Braun, partner based in Germany, is our editor this month (learn more about Ellen in our Q&A feature at the end...more
Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution....more
For the second time, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with...more
In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law...more
Fokus Wettbewerbspolitik Es grünt so grün – Kommission stellt Überlegungen zu ESG-Kooperationen von Wettbewerbern vor Die Kommission hat kürzlich einen neuen „Competition Policy Brief“ veröffentlicht, begleitet von einer...more
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
The 10th amendment to the German Act against Restraints of Competition (ARC) entered into force on January 19 (ARC Digitization Act); the act seeks to modernize German antitrust rules and address challenges associated with...more
On January 19, 2021, the amendment of the German Act against Restraints of Competition ("ARC") has entered into force. In addition to the significant adjustments to the ARC regarding advancing digitalization, changes in...more
Yesterday, the 10th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – "GWB") entered into force, and with it the most substantial overhaul of German competition law in a...more
On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at...more
Das Landgericht Dortmund macht mit Urteil vom 30.09.2020 (8 O 115/14 (Kart)) von der Möglichkeit Gebrauch, die Schadenshöhe in Kartellschadensersatzfällen zu schätzen – ohne ein eigenes Gutachten einzuholen. ...more
Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill...more
Kartelle sind schwerwiegende Eingriffe in unsere marktwirtschaftliche Ordnung, die jedes Jahr erhebliche volkswirtschaftliche Schäden verursachen. Wenn sich Wettbewerber untereinander absprechen, um Preise festzusetzen,...more
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in...more
Joint study by the Bundeskartellamt (German Cartel Office) and the Autorité de la concurrence (French Competition Authority) indicates need for higher compliance standards - Digital ubiquity, and the resulting rules, do not...more
CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more
Our free market economy is grounded in the principle that competition is the most effective and efficient way to protect customers and consumers. Cartels are a serious violation of this principle and can cause considerable...more
Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more
On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. ...more
So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more
The Middle Ages are regarded as the golden age of the kin liability (Sippenhaft) in Germany. According to the principle of kin liability, family members had to stand up for the actions of their relatives, regardless of...more
At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more
Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more
Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more
Bye bye trade secrets? In the new ARC, confidential information and trade secrets still enjoy special protection. The reason is clear: as soon as secret information is revealed, it becomes obvious and, as such, is no longer...more