Brussels partner Peter Alexiadis is the author of "Balancing the Application of Ex Post and Ex Ante Disciplines under Community Law in Electronic Communications Markets: Square Pegs in Round Holes?" [PDF] appearing in the publication Rights and Remedies in a Liberalised and Competitive Internal Market available from the Law Faculty Office, University of Malta. It was published in March 2012.
Client Alert | March 28, 2012
Brussels partner Peter Alexiadis is the author of "Cartels in the Utilities Sector: An Overview of EU and National Case Law" [PDF] published in the March 27, 2012 issue of e-Competitions.
Client Alert | March 27, 2012
On March 22, 2012, the General Court ("Court") in Luxembourg delivered its Judgment in Slovak Telekom v Commission, holding that the European Commission ("Commission") is entitled, for the purposes of advancing its investigation into alleged breaches of European competition laws, to request that a defendant provide it with information regarding its activities conducted prior to the accession of that defendant's Member State (in this case, Slovakia) to the European Union with a view to assessing its compliance with European competition rules post accession. This Judgment follows only a month after the Court of Justice of the European Union (the "CJEU"), had ruled in the Toshiba Case that European competition rules cannot be applied retroactively to
Client Alert | March 26, 2012
On March 15, 2012, the UK Government published its response to a consultation relating to the possible reform of the UK's competition regime ("Response").
Client Alert | March 19, 2012
As we reported in our 2011 Mid-Year Update, antitrust and competition authorities around the world have continued to intensify merger enforcement efforts and have launched a number of important merger-related policy initiatives. In the United States, the Department of Justice, Antitrust Division ("DOJ") succeeded in blocking three major transactions over the past year, while increasing scrutiny of vertical mergers and patent acquisitions. The European Commission (the "Commission") issued two prohibition decisions -- the Commission's first prohibition decisions since 2007 -- blocking proposed transactions in the airline and financial services sectors. Antitrust authorities in some of the world's largest and fastest-growing economies -- Brazil, Chin
Client Alert | March 9, 2012
Washington, D.C. partner David Burns and associates Jeremy Robison and Michael McGinnis are the authors of "2011 Year-End U.S. Criminal Antitrust Review" [PDF] published in the February 24, 2012 issue of BNA's White Collar Crime Report.
Client Alert | February 24, 2012
Case C-17/10 Toshiba Corporation et al v. Úřad pro ochranu hospodářské soutěže ECR NYPOn February 14, 2012, the Court of Justice of the European Union (the "CJEU") delivered a landmark Judgment that clarifies the parallel application of EU and national competition law to infringements taking place before and after the accession of a Member State to the EU.
Client Alert | February 16, 2012
On January 23, 2012,[i] the Council of the European Union agreed to impose additional restrictive measures against Iran in the range of industrial sectors, inter alia: in the energy sector, including an embargo of Iranian crude oil imports to the EU; in the financial sector, including against the Central Bank of Iran; in the transport sector; additional export restrictions on gold and on sensitive dual-use goods and technology; as well as additional designations of specific persons and entities.[ii] The Decisions adopted by the Council were in response to ongoing Iranian activities relating to the suspected development of military nuclear technology, particularly its acceleration of uranium enrichment activities, in violation of six UNSC Resolutions and eleven IAEA Board Resolutions.
Client Alert | January 30, 2012
Washington, D.C. partner F. Joseph Warin, Los Angeles partner Michael Farhang and associate Elizabeth Goergen are the authors of "How to Deal with Business Corruption Risks in Mexico" [PDF] published on January 30, 2012 in the International Financial Law Review.
Client Alert | January 30, 2012
While the duties of directors of unlisted private companies often coincide with the strategy and requirements of the subsidiary's parent company, this is not always the case, and the circumstances may require a director to act independently of the parent. Directors may risk personal liability as regulators are taking tougher stances especially toward bribery, corruption and anti-competitive behavior, particularly cartel abuses. Directors and prospective directors will therefore want to know the extent to which they can protect themselves against these risks.
Client Alert | January 19, 2012
San Francisco partner Rachel Brass, of counsel Winston Chan and associate Joshua Lipshutz are the authors of "From Antitrust to FCPA Liability" [PDF] published in the January 16, 2012 issue of The Recorder.
Client Alert | January 16, 2012
Brussels partners Peter Alexiadis and David Wood are the authors of "Free Market 1: Copyright 0 - UK Premier League Loses Away from Home" [PDF] published in Volume 18, Issue 6 of the Utilities Law Review, January 2012.
Client Alert | January 10, 2012
The Department of Justice obtained more than $1 billion in FY 2011 from criminal antitrust offenders, the second-highest amount in its history. The total payments consist of an estimated $523 million in criminal fines and more than $500 million in restitution, penalties, and disgorgement paid to state and federal agencies.
Client Alert | January 9, 2012
Brussels partner Andrés Font Galarza and associates Eryk Dziadykiewicz and Pablo Figueroa are the authors of "Exclusive distribution: An overview of EU and national case law" [PDF] published in e-Competitions in January 2012.
Client Alert | January 2, 2012
Brussels partners Peter Alexiadis, David Wood and Andrés Font Galarza are the authors of "The Role of Oral Hearings in EU Antitrust Proceedings."
Client Alert | January 1, 2012
Brussels partner Peter Alexiadis and San Francisco associate Allison Kop are the authors of “Vertical Restraints Policy in the EU: Open Questions in the Face of Policy Compromises” [PDF] published in The Antitrust Report, Issue 3-4, Winter 2011.
Article | December 1, 2011
In a Judgment which rattles the foundations of national copyright laws, the European Court of Justice held on October 4th that broadcasting licenses which prohibit the broadcasting of football matches outside the particular European Union ("EU") Member State for which the license was granted cannot be enforced.If any comfort can be found in the Judgment for copyright holders, it lies in the fact that the Court has opened up the possibility that football broadcasts which include elements of "literary or artistic works" alongside them might nonetheless be able to benefit fully from the grant of exclusivity.
Client Alert | October 7, 2011
As we reported in our 2011 Mid-Year Merger Enforcement Update, federal courts are currently reviewing a number of cases that could have a significant impact on the antitrust analysis of mergers and acquisitions. Two noteworthy circuit court decisions were handed down recently. In City of New York v. Group Health Inc., No.
Client Alert | August 29, 2011
As was the case in 2010, antitrust enforcers in the United States and Europe have continued to make headlines by intervening in major merger cases and launching new policy initiatives. While M&A activity on both sides of the Atlantic continues to recover from the global financial crisis, it appears that antitrust enforcers are placing a higher priority on merger enforcement, a pattern that is likely to continue for the foreseeable future.This Update covers notable merger enforcement trends and cases in the United States, European Union, and the rest of the world. THE UNITED STATESIt has been an eventful year in U.S.
Client Alert | August 9, 2011
On July 7, 2011, the Federal Trade Commission (FTC) and U.S.
Client Alert | July 27, 2011
In our 2010 updates, we noted a slower (although still aggressive) pace of U.S. antitrust enforcement activity and an uptick in European criminal enforcement. 2011 brings U.S.
Client Alert | July 15, 2011
Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.
Client Alert | April 27, 2011
Washington, D.C. partner David Burns and San Francisco associate Rebecca Justice Lazarus are the authors of "A Review of 2010 Criminal Antitrust Enforcement" [PDF] published by Law360 at www.law360.com on February 4, 2011.
Client Alert | February 4, 2011
The improvements in the German economy in 2010 have eased some of the restructuring pain, but have not prevented lawmakers from responding to certain deficiencies that are widely believed to have caused the financial crisis.
Client Alert | January 14, 2011
Printable PDFLast year, we reported that the U.S. authorities led the way in international cartel enforcement with more investigations, pleas, fines, and prison sentences than any other jurisdiction. In 2010, however, while U.S.
Client Alert | January 5, 2011
The issuance of new horizontal merger guidelines is the most significant merger enforcement achievement of the FTC and the U.S.
Client Alert | December 22, 2010
In-house counsel in the EU will continue to be denied the protection of legal professional privilege after the Court of Justice of the European Union ('ECJ') unambiguously reaffirmed the limited scope of the doctrine under EU law. The appeal arose from an action for the annulment of a European Commission decision to seize documents during a "dawn raid" on the offices of a subsidiary of Akzo Nobel under competition enforcement powers.
Client Alert | September 15, 2010
On August 19, 2010, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued revised Horizontal Merger Guidelines ("2010 Guidelines"). The release of the 2010 Guidelines marks the first major changes to the Guidelines in over 18 years; they will replace the 1992 Guidelines (which were subsequently amended in 1997). A copy of the 2010 Guidelines is available on the DOJ's website at http://www.justice.gov/atr/public/guidelines/hmg-2010.html and on the FTC's website at http://www.ftc.gov/os/2010/08/100819hmg.pdf.
Client Alert | August 24, 2010
On August 13, 2010, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that would make literally dozens of changes in the specific requirements for completion of a Notification and Report Form (the Form) for premerger notification of mergers and acquisitions under the Hart-Scott-Rodino (HSR) Act (15 U.S.C.
Client Alert | August 19, 2010
Over the past decade, the Antitrust Division of the United States Department of Justice has pursued a vigorous enforcement policy in prosecuting international cartel offenses against corporate as well as individual violators -- both domestic and foreign. In implementing this enforcement policy, the Antitrust Division has been prosecuting more individuals than it has in the past, and it has been seeking longer prison sentences. Today, due to enhanced cooperation with law enforcement authorities in other nations, advanced investigative techniques and the ability to extradite fugitives from other countries with criminal antitrust laws, the Antitrust Division takes the position that "no-jail deals" for corporate executives located outside the United States are "a rel
Client Alert | August 5, 2010
As has been the case for the last several years, the first half of 2010 has been a busy one for criminal antitrust enforcement around the globe. In past years, we have reported on the consistently and dramatically increased numbers of pleas, fines, and prison sentences in cartel cases resulting from increased and coordinated global enforcement of antitrust laws. Although 2010 continues to provide numerous success stories for global competition enforcers, it also saw a few notable setbacks and was marked by a relative lull in large fines and prison sentences imposed by the U.S.
Client Alert | July 7, 2010
On May 27, 2010, Congress passed a bill extending the civil leniency provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ("ACPERA") for another ten years. President Obama is expected to sign the extension into law.
Client Alert | June 4, 2010
On May 24, 2010, the Supreme Court of the United States revisited what it means to engage in a "contract, combination..., or conspiracy" as defined by §1 of the Sherman Act, 15 U.S.C.
Client Alert | June 1, 2010
In June 2008, the European Commission introduced a settlement procedure for cartels cases. The new procedure was designed to allow the European Commission to handle cartel cases more quickly, thereby freeing up resources to be used to launch new cartel investigations.
Client Alert | May 20, 2010
Brussels associate Elsa Sependa is the author of "Thinking holistically? Trust Europe" [PDF] published in the May 2010 issue of International Institute of Communications's Intermedia.For more information please visit: http://www.iicom.org
Client Alert | May 4, 2010
On 29 April 2010, Advocate General Juliane Kokott (who acts as an adviser to the European Court of Justice) delivered her Opinion in the case Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v. European Commission. This case relates to European Union rules on legal professional privilege in antitrust cases heard before the European Commission. The precise scope of these rules has been hotly disputed since the ECJ's ruling in AM&S v. Commission in 1982.The Advocate General's Opinion is an intermediate stage in the European Court of Justice procedure, and it is not binding on the Court, although the views of the Advocate General are usually considered to be highly persuasive. Judgment will follow at a later date.In essence, the Opinion recommends that the Court uphold
Client Alert | May 3, 2010
On April 20, 2010, the Federal Trade Commission ("FTC") (in cooperation with the Antitrust Division of the U.S.
Client Alert | April 28, 2010
Over the last decade, there has been an explosion in the number of cases challenging alleged exclusion of generic drugs by branded pharmaceutical manufacturers. Often, when a branded pharmaceutical manufacturer is unsuccessful in making patent, scientific, or regulatory arguments in opposition to a prospective generic entrant, the branded manufacturer is faced with high-stakes high-stakes antitrust claims brought on behalf of purported classes of direct and indirect purchasers seeking a significant portion of the branded manufacturer's revenues in compensatory damages.Sean Royall and Joshua Lipton of Gibson Dunn are co-authors of the attached article, "The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context," which addres
Client Alert | April 23, 2010
On April 20, 2010, the European Commission adopted a revised Vertical Block Exemption Regulation, which provides a "safe harbour" for certain distribution and supply agreements from the application of European antitrust rules (Article 101(1) of the Treaty on the Functioning of the European Union). The European Commission also adopted its accompanying Vertical Guidelines.
Client Alert | April 22, 2010
Brussels partner David Wood is the author of "Bringing Google to book" [PDF] published in the April 6, 2010 issue of Competition Law Insight.
Client Alert | April 6, 2010
Washington, D.C. partner David Burns and San Francisco associates Joshua Hess and Russell Gold and Washington, D.C. associate Geoffrey Weien are the authors of "2009 Year-End Criminal Antitrust Review" [PDF] published in the February 2010 issue of Global Competition Review.
Client Alert | February 1, 2010
As the German economy continues to suffer heavily from the consequences of the global financial crisis, 2009 saw the introduction of many changes in the fields of corporate, securities and banking law.
Client Alert | January 20, 2010
Electronic discovery is one of the most rapidly developing and increasingly important areas of interest for our clients. The past year featured the continued refinement of best practices in e-discovery law, as both courts and litigants continued their struggle to balance cost-effective approaches to discovery with the right to equitable access to discoverable information. The coming year is poised to be another one of significant developments. Our Electronic Discovery and Information Law Practice Group will be carefully watching and reporting these developments to you throughout the year.This 2009 year-end update provides an overview and analysis of the recent trends in e-discovery law, as well as a survey of case law developments. For more in-depth treatment of the
Client Alert | January 15, 2010
This decade's breathtaking pace of aggressive enforcement of criminal antitrust laws in the United States and around the world continued through 2009. This update provides an overview of criminal antitrust enforcement in 2009 and a discussion of the key trends we see from that activity over the next year and beyond. Among the most notable developments from 2009 are the following:The first part of fiscal year 2009 ("FY 2009") continued the dramatic pace of huge criminal fines imposed by the Department of Justice, Antitrust Division ("DOJ" or "Antitrust Division") in recent years, resulting in over $1 billion in fines for the year;Although that pace tapered off in the second half of FY 2009, the Antitrust Division had a strong start to the
Client Alert | January 5, 2010
Dallas partner M. Sean Royall and associates Ashley E. Johnson and Malachi O. Boyuls are the authors of "Change?: Merger Enforcement In The New Administration" [PDF] published in the Summer 2009 issue of The Advocate.
Client Alert | July 12, 2009
Sanctions Cases Double Over 2008; Courts Continue to Press for Cooperation; E⁃discovery Trends in Criminal and Constitutional LawA comprehensive review of more than sixty federal and state court opinions addressing e-discovery issued during the first five months of 2009 reveals a dramatic increase in the frequency with which courts consider and apply sanctions. In part, the increase in sanctions reflects solidifying legal standards governing when a potential litigant must preserve electronic evidence. These opinions also reflect a continuing effort by the courts to urge litigants and their counsel to cooperate in e-discovery matters, and to sensibly and proportionately develop e-discovery protocols. Highlights of 2009 to date include: More than half of the e-disco
Client Alert | July 8, 2009
Dallas partner M. Sean Royall, Denver associate Amanda Tessar and Washington, D.C. associate Adam J. Di Vencenzo are authors of "Deterring 'Patent Ambush' in Standard Setting: Lessons from Rambus and Qualcomm" [PDF] published in the Summer 2009 issue of ABA's Antitrust.Reprinted with permission from Antitrust, Vol.
Client Alert | July 7, 2009
At the mid-point of 2009, the dominant trends in criminal antitrust have been dramatically increased fines and prison terms, both in the United States and abroad, particularly for cartel conduct. Highlights of 2009 include:U.S.
Client Alert | July 6, 2009
Alert: Potential Trap for the Unwary re Inaccessible InformationGovernor Schwarzenegger yesterday signed into law Assembly Bill 5, the "Electronic Discovery Act," enacting significant electronic discovery amendments to the California Code of Civil Procedure. Because the legislature deemed it "urgency" legislation, it is effective immediately. Although the legislation largely follows the 2006 electronic discovery amendments to the Federal Rules of Civil Procedure, it differs in its treatment of inaccessible information (such as backup tapes) and in its safe harbor for lost information. Of particular note, the Bill requires parties in their written responses to document requests to object to the production of inaccessible information to preserve th
Client Alert | June 30, 2009
In three opinions issued between May 18 and 29, 2009, the Delaware Chancery Court has provided guidance on several key electronic discovery issues--triggering of the duty to preserve electronically stored information (“ESI”) and the scope of that duty; spoliation of evidence and the factors used to determine sanctions; and cost-shifting in relation to inaccessible data.
Client Alert | June 19, 2009