JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more
9/15/2020
/ Bluetooth ,
California Consumer Privacy Act (CCPA) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Employees ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Infectious Diseases ,
Information Governance ,
Mobile Apps ,
Non-Compete Agreements ,
Patient Privacy Rights ,
Patients ,
Personal Data ,
Private Sector ,
Public Health ,
Re-Opening Guidelines ,
UK Brexit ,
Whistleblowers
In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more
9/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Customers ,
Deadlines ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
Remote Depositions ,
Remote Hearings ,
Settlement Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Videoconference
United States -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made...more
As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at...more
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more
2/3/2020
/ Abuse of Dominance ,
Automotive Industry ,
BMW ,
Cable Television Providers ,
Cartels ,
Competition ,
Corporate Fines ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Honda ,
MasterCard ,
Mergers ,
New Legislation ,
Regulatory Requirements ,
Restrictive Covenants ,
Safety Standards ,
State Aid ,
Takata ,
Toyota ,
Treaty on the Functioning of the European Union (TFEU) ,
Visa Inc ,
Volkswagen
EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE -
Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive...more
11/15/2019
/ Abuse of Dominance ,
Artificial Intelligence ,
Bribery ,
CFIUS ,
Collusion ,
Competition ,
Digital Marketplace ,
EU ,
European Commission ,
FIRRMA ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Interim Measures ,
Manufacturers ,
Personal Data ,
Real Estate Transactions ,
Resale Price Maintenance (RPM)
The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more
11/8/2019
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Broadcom ,
Burden of Proof ,
Competition ,
EU ,
European Commission ,
Interim Measures ,
Irreparable Harm ,
Popular ,
Technology Sector
The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more
10/28/2019
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Broadcom ,
Burden of Proof ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
EU ,
European Court of Justice (ECJ) ,
Interim Measures ,
Member State ,
Statement of Objection (SO)
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
2/19/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Authorities ,
Confidential Information ,
Court of Justice of the European Union (CJEU) ,
Enforcement Actions ,
EU ,
Foreign Investment ,
General Court of the European Union (GCEU) ,
Germany ,
Internet Retailers ,
Member State ,
Merger Controls ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Websites
The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the...more
2/7/2019
/ Competition Authorities ,
Corporate Counsel ,
EU ,
European Commission ,
European Merger Control Regulation ,
Merger Controls ,
Mergers ,
Popular ,
Railways ,
Trains ,
Transportation Industry
How to Prepare for and Prevent Data Falsification Issues -
In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more
How to Prepare for and Prevent Data Falsification Issues -
In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making -
More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
4/27/2018
/ Acquisitions ,
Affiliates ,
CNIL ,
Cross-Border ,
Data Protection ,
Due Diligence ,
EU ,
Gun-Jumping ,
Health Care Providers ,
Joint Venture ,
Mergers
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making -
More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
4/27/2018
/ Acquisitions ,
Affiliates ,
CNIL ,
Cross-Border ,
Data Protection ,
Due Diligence ,
EU ,
Gun-Jumping ,
Health Care Providers ,
Joint Venture ,
Mergers
McDermott's EU Competition Annual Review summarizes key developments in the EU competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were...more
Privacy Shield Implementation and How-To Kit from McDermott Will & Emery -
Japanese companies may have European branches or subsidiaries that send personal data to the US or that may be accessed by entities in the US,...more
DOJ Policy Updates Signal Continuity of Antitrust Program -
The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more
4/13/2017
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Divided Infringement ,
Dodd-Frank ,
EU ,
European Commission ,
European Merger Control Regulation ,
Executive Orders ,
Financial Services Industry ,
Inducement ,
Member State ,
Merger Controls ,
Patents ,
Trump Administration
It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more
The New World of Global Tax Planning: a Checklist for Success -
As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more
11/21/2016
/ BEPS ,
Enforcement ,
EU ,
Japan ,
Joint Venture ,
Licenses ,
Merger Controls ,
Parent Corporation ,
Patent Litigation ,
Patents ,
Restructuring ,
Settlement Agreements ,
State Aid ,
Tax Planning ,
Tax Rates ,
Trade Relations ,
UK ,
UK Brexit ,
Working Groups
Recent Enforcement Trends in Divestiture Packages -
The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more
8/9/2016
/ Acquisitions ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Divestiture ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Joint Venture ,
Mergers ,
Premerger Notifications ,
Price Discrimination
Proposed EU Merger Review of Non-Controlling Minority Shareholding Acquisitions: Challenges and Opportunities for Private Equity -
At present, the EU Merger Regulation [Council Regulation (EC) No 139/2004] (the Merger...more
10/22/2014
/ EU ,
European Commission ,
European Merger Control Regulation ,
Initial Public Offering (IPO) ,
JOBS Act ,
Legislative Agendas ,
Minority Shareholders ,
Private Equity ,
Proposed Amendments ,
Publicly-Traded Companies ,
Registration ,
Securities and Exchange Commission (SEC)
Margrethe Vestager, former Deputy Prime Minister of Denmark, is designated to become the next EU Competition Commissioner in November 2014. The EU Competition Commissioner is a powerful figure in Europe, as witnessed by the...more
In an announcement made on 10 September 2014, the President-elect of the next European Commission, Jean-Claude Juncker from Luxemburg, unveiled his team and announced that Magrethe Vestager from Denmark will replace Joaquin...more
The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities....more