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Morgan Lewis

EU Launches First In-Depth M&A Investigation Under Foreign Subsidies Regulation

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The European Commission is inquiring into a United Arab Emirates-based company just months after its first investigations under the Foreign Subsidies Regulation of various Chinese companies participating in EU tenders....more

Morgan Lewis

Landmark Reforms to UK Competition and Consumer Protection Landscape Become Law

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The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on May 24, 2024, ushering in the most significant reforms to the UK’s competition and consumer protection laws in a generation. The Act introduces...more

Morgan Lewis

EU Launches Two More In-Depth Investigations Under Foreign Subsidies Regulation

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Just months after its first investigation under the Foreign Subsidies Regulation of Chinese train maker CRRC Corp. (see our LawFlash here), the European Commission has targeted two more companies participating in an EU...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

On March 21, 2024, an adviser to the EU’s highest court, the Court of Justice of the European Union (CJEU), proposed setting aside the judgment of the lower court in Illumina v Commission. The General Court (GC) had...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

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In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more

Morgan Lewis

Global Cartel Enforcement Report 2023

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In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more

A&O Shearman

Australian merger control reform proposals set to affect deal‑making

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The Australian Treasury has released a paper to begin consultation on potential merger control reform. If implemented, the proposed reforms would transform Australia’s voluntary, non-suspensory merger control system – with...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

Wilson Sonsini Goodrich & Rosati

New EU Foreign Subsidies Regime Goes Live, with Slightly Simplified Requirements

As of July 12, 2023, the EU’s new Foreign Subsidies Regulation (FSR) began to apply. Deals signed from this date will now fall under the European Commission’s (EC’s) new powers to review subsidies from non-EU states to...more

Hogan Lovells

Shots fired – AG Opinion supports enforcement of record EU ‘gun-jumping’ fine

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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching...more

Wilson Sonsini Goodrich & Rosati

UK Regulator Says Game Over to Microsoft/Activision Deal

On April 26, 2023, the UK’s Competition and Markets Authority (CMA) blocked Microsoft’s $68.7 billion acquisition of Activision Blizzard over concerns the deal “would alter the future of the fast-growing cloud gaming...more

Cooley LLP

Regulating the Digital Sector, Transforming Consumer Protection Regulation – UK Government Proposes Significant Reforms With Draft...

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We finally have sight of the long-awaited Digital Markets, Competition and Consumers Bill. Warning: It is a sizeable and ambitious piece of legislation, but the following is our summary take on the key competition and...more

Jones Day

EU Court of Justice Revives Long-Dormant "Abuse of Dominance" Challenge to Non-Reportable M&A Deals

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In Short - The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

Verrill on

As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

Fenwick & West LLP

[Webinar] What Recent Antitrust Developments Tell Us to Expect in 2023 - January 11th, 11:00 am PT

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The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more

Wilson Sonsini Goodrich & Rosati

FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition...more

White & Case LLP

The EU adopts the long-awaited Foreign Subsidies Regulation

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On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more

Fenwick & West LLP

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

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The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more

Dechert LLP

The entry into force of the Digital Markets Act kicks off new era of digital regulation in Europe

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On 12 October the Digital Markets Act (DMA)1  was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

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On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

Vinson & Elkins LLP

Shifting Sands: DOJ Applies New Merger Enforcement Standards in Recent Lawsuit

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On September 15, 2022, the Department of Justice (“DOJ”) sued to block ASSA ABLOY AB’s (“ASSA ABLOY”) proposed $4.3 billion acquisition of the Hardware and Home Improvement division of Spectrum Brands Holdings Inc....more

Mintz - Employment Viewpoints

The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”).  In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s...more

Fenwick & West LLP

FTC’s Ambitious Challenge to Meta VR Deal Possesses Sweeping Implications for Tech M&A

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FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms - Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more

Sheppard Mullin Richter & Hampton LLP

DOJ Sues to Block Merger Between Booz Allen Hamilton and EverWatch Based on Antitrust Concerns Relating to Single-Contract Market

The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc. Among the notable aspects of the complaint is its definition...more

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