Antitrust and Competition

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The Düsseldorf Court of Appeals confirms a decision of the Bundeskartellamt against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)

Brussels partners Peter Alexiadis, Jens-Olrik Murach and associate Balthasar Strunz are the co-authors of "The Düsseldorf Court of Appeals confirms a decision of the Bundeskartellamt against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)” [PDF] published in e-Competition Bulletin April 2017, Art.

Article | April 1, 2018

EU competition law and selective distribution

Brussels partner David Wood contributed to the "EU competition law and selective distribution” [PDF] piece published by LexisPSL.  

Article | March 28, 2018

Antitrust in China – 2017 Year in Review

China's antitrust regulators had a noteworthy year of enforcement of the Anti-Monopoly Law ("AML") in 2017. Although there were fewer high-profile, record-breaking cases, 2017 saw China's antitrust regulators expand their scope of enforcement in both merger and non-merger cases and expend significant effort into producing new legislation and guidelines.

Client Alert | March 28, 2018

Co-operating with the Authorities: The US Perspective

Washington, D.C. partner F. Joseph Warin, San Francisco partner Winston Chan, Washington, D.C. associate Pedro Soto and San Francisco associate Kevin Yeh are the authors of "Co-operating with the Authorities: The US Perspective," [PDF] published in Global Investigations Review's Practitioner's Guide to Global Investigations in March 2018.

Article | March 1, 2018

Who’s Who Recognizes Six Gibson Dunn Partners as Thought Leaders in Competition

Who’s Who Legal has recognized six Gibson Dunn partners in its inaugural edition of Thought Leaders – Competition 2018. Brussels partners Peter Alexiadis and David Wood, London partner Ali Nikpay, Los Angeles partner Daniel Swanson, San Francisco partner Gary Spratling, and Washington, D.C. partner Scott Hammond were selected due to their “experience advising on some of the world’s most significant and cutting-edge legal matters” and “their ability to innovate, inspire, and go above and beyond to deliver for their clients.” The guide was published February 2018.

Firm News | February 1, 2018

Mixed Messages in the “By Object” vs “By Effects” Saga: The Enigma of Lundbeck

Brussels partner Peter Alexiadis and associate Pablo Figueroa are the authors of "Mixed Messages in the 'By Object' vs 'By Effects' Saga: The Enigma of Lundbeck” [PDF] originally published on February 3, 2018 by Competition Policy International.

Article | February 3, 2018

Law360 Names Gibson Dunn Among its Competition 2017 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Competition Practice Groups of the Year [PDF] for 2017. The firm was recognized for scoring important wins for clients in high-stakes antitrust litigation last year, while also helping steer several major mergers through regulatory clearances.

Firm News | January 22, 2018

2017 Year-End German Law Update

"May you live in interesting times" goes the old Chinese proverb, which is not meant for a friend but for an enemy. Whoever expressed such wish, interesting times have certainly come to pass for the German economy.

Client Alert | January 7, 2018

The Beginning of the End, or the End of the Beginning? The General Court’s Ruling in the Coty Case

On 6 December 2017, the European Court of Justice (the "ECJ"), delivered a landmark Judgment in the Coty Case, issuing a Preliminary Ruling in response to a series of questions posed by the Higher Regional Court of Frankfurt am Main in Germany.

Client Alert | December 18, 2017

Brexit – Initial deal agreed

The UK Government and the European Commission have issued a joint report setting out the progress of the phase 1 negotiations for the Brexit divorce terms.

Client Alert | December 8, 2017

Recent Merger Challenge by California Attorney General Heralds Increased State AG Antitrust Enforcement During Trump Administration

State Attorneys General ("State AGs") have the authority to challenge M&A transactions under federal (and most state) antitrust laws but ordinarily do so in partnership with federal antitrust enforcers.  It has historically been the case, however, that State AGs with active antitrust divisions have sought to elevate their antitrust enforcement levels during periods when they have anticipated or perceived a reduction in federal enforcement.  Such an uptick in state antitrust enforcement is now in evidence and the business community should take note of the resulting enhanced risk when planning transactions and developing clearance strategies.  As the Chief of the Antitrust Bureau for the New York Attorney General's office recently confirmed, New York and other st

Client Alert | October 2, 2017

Anuario de Derecho de la Competencia 2017 (The Yearbook of Competition Law 2017)

​Brussels associate Pablo Figueroa is the co-author of Chapter 24 [PDF] of the Yearbook of Competition Law 2017 published by Civitas and Thomson Reuters in 2017, together with Maria Pilar Candedo Arrilaga.

Article | October 1, 2017

Culpa y Responsabilidad (Guilt and Responsibility)

Brussels associate Pablo Figueroa is the co-author of "Chapter 6 of the Cupla y Reponsabilidad," [PDF] published by Thomson Reuters (Legal) Limited in 2017, together with Maria Pilar Canedo Arrilaga.

Article | October 1, 2017

Anuario de Derecho de la Competencia 2017 (The Yearbook of Competition Law 2017)

Brussels associate Pablo Figueroa is the co-author of Chapter 24 [PDF] of the Yearbook of Competition Law 2017 published by Civitas and Thomson Reuters in 2017, together with Maria Pilar Canedo Arrilaga.

Article | October 1, 2017

Immunity, Sanctions & Settlements 2017 – Spain

Brussels associate Pablo Figueroa is the author of "Immunity, Sanctions & Settlements 2017 – Spain” [PDF] originally published on July 14, 2017 by Global Competition Review Know-How.

Article | July 14, 2017

Will “Kokesh v. SEC” Put a Kink in the Federal Trade Commission’s Disgorgement Hose?

For decades, the Federal Trade Commission ("FTC") has sought and obtained monetary remedies as equitable "disgorgement" of ill-gotten gains.  Disgorgement amounts have exceeded a billion dollars in both antitrust and consumer protection matters and routinely total millions or tens-of-millions of dollars.Gibson Dunn partner Sean Royall and of counsel Rich Cunningham recently published an article titled Will "Kokesh v. SEC" Put a Kink in the Federal Trade Commission's Disgorgement Hose?

Client Alert | July 12, 2017

Bidders Beware …? Recent Developments in the UK Public Takeover Market

The last 12 months have seen various strides towards increased protectionism at a national level in the UK and other European member states and also at a European level.

Client Alert | July 6, 2017

Webcast: Resale Price Maintenance Ten Years After Leegin

​On the ten-year anniversary of the U.S. Supreme Court's landmark decision addressing resale price maintenance, our experienced antitrust attorneys provide an overview of the current state of the law relating to resale price maintenance in the U.S.

Webcasts | June 28, 2017

E-Commerce Distribution Policies under EU Antitrust Scrutiny

This month, the European Commission ("Commission") has started the already expected initiative to open formal investigations into the e-commerce practices of companies active in the European Union.

Client Alert | June 20, 2017

What the UK Election Result Means for Brexit

Theresa May's decision to call a snap UK general election has backfired.  The Conservatives emerged as the biggest party in yesterday's UK general election but lost their overall majority.  Theresa May's authority and leadership have been greatly weakened, perhaps even fatally damaged, by the shock result.  The Conservatives won 319 (down from 331) seats in the House of Commons.  A governing party needs 326 seats out of 650 seats for a majority.   The Labour party gained 29 seats, enjoying their biggest increase in the share of the vote since 1945.  A so-called "progressive alliance" between them and such of the minority parties as have indicated a willingness to work in coalition with Labour would not be sufficient to command an outright

Client Alert | June 9, 2017

Forging a European Competition Policy Response to Online Platforms

Brussels partner Peter Alexiadis is the author of "Forging a European Competition Policy Response to Online Platforms” [PDF] originally published in Business Law International, Vol 18 No2, May 2017, and is reproduced by kind permission of the International Bar Association, London, UK.

Article | May 1, 2017

What the UK’s Snap General Election Means for Brexit

The UK prime minister Theresa May has called a surprise general election for 8 June 2017.  Earlier this week she won a House of Commons vote by 522 to 13 to override the standard five year fixed term between general elections.Theresa May is hoping the early election will convert her current working majority of 17 MPs in the House of Commons into a much bigger majority (with some predictions of a "landslide" victory).  The prime minister says this will strengthen her hand in Brexit negotiations and provide the "strong and stable leadership" the country needs.Brexit negotiations will begin in earnest after the elections in France (the first round takes place on 23 April 2017, with the top two candidates facing each other in a second run-off on 7

Client Alert | April 21, 2017

2016 Mid-Year E-Discovery Update

Our 2016 Mid-Year E-Discovery Update reflects that the e-discovery landscape today generally looks much better than has in several years.

Webcast: Antitrust Merger Clearance: Strategies for Increasing Deal Certainty

​While the legal industry and the markets will not know the precise contours of the Trump Administration's antitrust policy for a number of months, certain policy changes are likely.

Publications | April 4, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.

Client Alert | March 30, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.  If confirmed, Judge Gorsuch is likely to play a pivotal role in the development of antitrust law, the focus of this alert, including in the near future, as a host of antitrust issues are ripe for the Court's review.During the course of his professional career, Judge Gorsuch has amassed substantial antitrust experience, both as a practitioner and a judge.  As a practicing attorney, his experience included both defense- and plaintiff-side antitrust work.  In one notable instance, he took an antitrust case to trial and obtained a $1.05 billion treble-damage awar

Client Alert | March 30, 2017

UK Government Triggers Article 50

The UK government has today triggered Article 50 – the official legal notification to the EU that the UK is going to leave the bloc.  This means that, unless otherwise agreed with the EU member states, the UK will be out of the EU by end March 2019.

Client Alert | March 29, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence and to assess how he might affect the Supreme Court should the Senate approve his nomination.  We are publishing these analyses in a series of client alerts focusing on individual subject matters.  This alert focuses on class actions.

Client Alert | March 13, 2017

Antitrust in China – 2016 Year in Review

China's antitrust regulators have continued to increase their enforcement of the Anti-Monopoly Law ("AML") in 2016.  Given the high level of scrutiny in this area and the current legal environment in China, compliance with the AML should be a priority for businesses operating in China.

Client Alert | February 7, 2017

UK Supreme Court Rules Parliament Must Hold Vote on Article 50

The Supreme Court (the UK's highest court) has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union.  The Supreme Court held by a majority of eight to three that the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without an act of parliament authorising it to do so.  The landmark decision upholds a High Court ruling handed down last November.  The UK government had argued that royal prerogative powers mean MPs do not need to vote on triggering Article 50.  The Supreme Court rejected this.  Withdrawal from the EU will fundamentally change the UK's constitutional arrangements because it will cut off the source of EU law: &

Client Alert | January 24, 2017

Webcast: Antitrust Agencies Issue Guidance for Human Resource Professionals on Employee Hiring and Compensation

​Antitrust authorities around the world are increasingly taking an interest in companies' hiring practices and compensation decisions. On October 20, 2016, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued guidance for human resource ("HR") professionals regarding the application of the federal antitrust laws in this area.

Webcasts | January 24, 2017

2016 Year-End German Law Update

Over the last eight years, the German economic recovery seemed very robust to any sort of political and financial turbulences occurring in the EU and world-wide.

Client Alert | January 13, 2017

2016 Year-End United Kingdom White Collar Crime Update

The year 2016 has been another of continuing developments in the UK's white collar sector. These have ranged from the Competition and Markets Authority's largest ever fine, to the UK's second deferred prosecution agreement, to the continuing enforcement efforts of the Serious Fraud Office ("SFO"), National Crime Agency ("NCA") and the Financial Conduct Authority ("FCA"), as well as of a myriad range of other enforcement bodies.

Client Alert | January 11, 2017

2016 Year-End Criminal Antitrust and Competition Law Update

2016 saw a continuation of some recent trends in criminal antitrust enforcement, including the growth of enforcement efforts outside the United States and Europe, continuing efforts by enforcers to increase their levels of cooperation across borders, and a continuing increase in the complexity and severity of the repercussions of collusive activity (traditionally in the form of criminal sanctions, but, more-recently, civil penalties as well).

Client Alert | January 10, 2017

Antitrust in the Trump Administration

It is too early to predict with confidence the direction that antitrust policy will take in the Trump Administration, because the President-elect has not yet announced who will lead the Antitrust Division of the Department of Justice ("DOJ") or the Federal Trade Commission ("FTC").  But President-elect Trump's selection of Senator Jeff Sessions for Attorney General and an antitrust transition team consisting of former Antitrust Division Deputy Assistant Attorney General David Higbee, former FTC Commissioner Joshua Wright, and Alex Pollock of the R Street Institute suggest that some changes to the level and types of federal antitrust enforcement are likely to occur.  We think antitrust enforcement and policy in the Trump Administration may roughly track th

Client Alert | December 6, 2016

Skating on Thin Ice: The European Commission Challenges the Governance Rules of an International Sports Association as Being Incompatible with European Antitrust Rules

​Brussels partner Peter Alexiadis and associate Pablo Figueroa are the authors of "Skating on Thin Ice: The European Commission Challenges the Governance Rules of an International Sports Association as Being Incompatible with European Antitrust Rules" [PDF] published on November 9, 2016 by EUtopia Law.

Article | November 9, 2016

UK High Court Rules That Parliament Must Vote on Triggering Article 50 Process for Brexit

The UK High Court has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union.  This means the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without parliamentary approval.

Client Alert | November 3, 2016

Raising the EU Evidentiary Bar for the “Single and Continuous Infringement” Doctrine

​Brussels partners Peter Alexiadis, Daniel Swanson and associate Alejandro Guerrero Perez are the authors of "Raising the EU Evidentiary Bar for the 'Single and Continuous Infringement' Doctrine" [PDF] published on November 1, 2016 by Concurrences Review Nº 4-2016, Art.

Article | November 1, 2016

The Advent of 5G: Should Technological Evolution Lead To Regulatory Evolution?

​Brussels partner Peter Alexiadis is the co-author of "The Advent of 5G: Should Technological Evolution Lead To Regulatory Evolution?" [PDF] published in the November 2016 issue of Antitrust Chronicle.

Article | November 1, 2016

Antitrust Agencies Issue Guidance for Human Resource Professionals on Employee Hiring and Compensation

On October 20, 2016, the Antitrust Division of the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") (collectively, the "federal antitrust agencies") jointly issued guidance for human resource ("HR") professionals regarding the application of the federal antitrust laws to hiring practices and compensation decisions.  The guidance focuses on HR professionals as gatekeepers, explaining that they "often are in the best position to ensure that their companies' hiring practices comply with the antitrust laws."  According to the federal antitrust agencies, "HR professionals can implement safeguards to prevent inappropriate discussions or agreements with other firms seeking to hire the same employees.&qu

Client Alert | October 26, 2016

Practical Advice for Avoiding Hub-and-Spoke Liability

​San Francisco partner Rachel Brass and associate Caeli Higney are the authors of "Practical Advice for Avoiding Hub-and-Spoke Liability" [PDF] published in the October 2016 issue of The Antitrust Source.

Article | October 19, 2016

Brexit – UK Government Sets Out Process to Leave EU by 2019

The UK Prime Minister, Theresa May, has announced that Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – will be triggered by end March 2017.  This means the UK will be out of the EU by end March 2019.   The UK will have two years from the Article 50 notice to negotiate the terms of its relationship with the EU.  Theresa May has not given any information on the type of Brexit deal the UK Government will be pursuing.  However, the Prime Minister insists that the UK will not "give up control of immigration again".  The requirement for restrictions on free movement of people may make it difficult for the UK to remain in the EU single market.

Client Alert | October 3, 2016

The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II

​Washington, D.C. partner Mark Perry is co-author of "The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II" [PDF] published on October 3, 2016 in the Annual Survey of American Law by New York University School of Law.

Article | October 3, 2016

Cartels in the Utility Sectors: An Overview of EU and National Case Law

Brussels partner Peter Alexiadis is the author of Cartels in the Utility Sectors: An Overview of EU and National Case Law [PDF] published by Concurrences on September 7, 2016.

Article | September 7, 2016

EU Merger Control in the Pharmaceutical Sector

​Brussels associates Pablo Figueroa and Alejandro Guerrero are the authors of "EU Merger Control in the Pharmaceutical Sector" [PDF] published in the seventh edition of The Merger Control Review in August 2016.

Article | August 31, 2016

New EU Inspections to Introduce Competition in the Rail Sector

The European Commission's Competition Commissioner, Margrethe Vestager, has recently announced that she is pursuing a clear strategy of removing anti-competitive practices in the European rail sector under the Treaty on the Functioning of the European Union (TFEU).

Client Alert | August 19, 2016

2016 Mid-Year Criminal Antitrust and Competition Law Update

Worldwide, antitrust enforcement continues to spread and grow, with enforcement authorities in Asia becoming increasingly active and aggressive. By contrast, in the United States, where the Department of Justice's Antitrust Division has long championed aggressive anti-cartel enforcement, 2016 has so far seen less publicly visible activity.

Client Alert | July 11, 2016

BREXIT – What Next? Key issues if you are doing business in or with the UK and the EU

This is an update to our client alert published on June 21, 2016 in which we addressed the possible legal consequences of a vote to leave the European Union in the Referendum held in the United Kingdom on June 23, 2016.  Now that the outcome of the Referendum is known, we consider in this client alert some of the likely immediate consequences of that vote and its impact on anyone doing business in the UK.What happened on June 23?In a result announced in the early hours of June 24, the UK electorate voted, by a majority of 51.9% to 48.1%, to leave the European Union.

Client Alert | June 28, 2016

What Happens If the United Kingdom Votes to Leave the European Union?

For the past few months, it has been impossible for anyone living in the United Kingdom to escape coverage of the Referendum on the UK's continued membership of the European Union.  Whilst general coverage has been extensive and unrelenting, there has been considerably less focus on what might happen after a vote to "leave" (i.e.

Client Alert | June 21, 2016

Contrôle des concentrations économiques

​Paris associate Gregory Marson is the author of chapter 24 of Dictionnaire des Régulations 2016, "Contrôle des concentrations économiques" [PDF] published by LexisNexis.

Article | June 1, 2016

2016 Antitrust Merger Enforcement Update and Outlook

Since our last update in March 2015, we have witnessed increasing volumes of M&A activity and a corresponding level of global competition law enforcement.

Client Alert | May 24, 2016

Civil Antitrust Litigation in China

​Hong Kong partner Sébastien Evrard is the author of "Civil Antitrust Litigation in China" [PDF]. This article was first published in Competition Law International, Vol 12, No 1, April 2016, and is reproduced by kind permission of the International Bar Association, London, UK.

Article | April 30, 2016

Webcast – Getting The Deal Done: Antitrust Merger Clearance Strategies in a Global Setting

Merging companies today face the most aggressive global antitrust regulatory environment in decades. From the U.S. Department of Justice and the Federal Trade Commission to the European Union's DG COMP and China's MOFCOM, authorities across the world are investigating an unprecedented number of transactions more vigorously than ever.

Webcasts | April 29, 2016

Immunity, Sanctions & Settlements – European Union

​London partner Ali Nikpay and Brussels associate Pablo Figueroa are the authors of "Immunity, Sanctions & Settlements – European Union" [PDF] published on April 20, 2016 by Global Competition Review Know-How.

Article | April 20, 2016

2015 Year-End French Law Update

2015 has been an extraordinary year for M&A on a global scale. Despite a 3.2% decrease in deal volume, total deal value reached US$4.3tn, an astounding 30.5% increase from last year.

Client Alert | February 24, 2016

Plaintiffs Face High Class Cert. Bar In Antitrust Cases

​Dallas associate Olivia Adendorff is the author of "Plaintiffs Face High Class Cert. Bar In Antitrust Cases" [PDF] published on February 8, 2016 by Law360.

Article | February 8, 2016

Webcast – Challenges in Compliance and Corporate Governance – 2016

​The rise of international enforcement efforts and sanctions, the intensifying impact of cyber breaches, the evolution of shareholder activism, and the growing complexity of regulatory requirements are all examples of the expansive array of challenges facing today's compliance professionals.

Webcasts | January 20, 2016

2015 Year-End German Law Update

By the end of 2015, Germany has provided shelter to more than one million refugees that entered the country in the past twelve months, many without any documents of identification or even totally unregistered in some cases.

Client Alert | January 8, 2016

2015 Year-End Criminal Antitrust and Competition Law Update

A comprehensive summary of criminal antitrust and competition-related enforcement activity across the world during 2015.

Client Alert | January 7, 2016

Expanded Enforcement of Federal False Claims Act, RICO, and Antitrust Law Changes the Legal Landscape for Healthcare Providers

​Denver partner John Partridge and of counsel Richard Cunningham are the authors of "Expanded Enforcement of Federal False Claims Act, RICO, and Antitrust Law Changes the Legal Landscape for Healthcare Providers" [PDF] published in the December 2015 issue of The Colorado Lawyer.

Article | December 31, 2015

Leniency Under the Hong Kong Competition Ordinance

​Hong Kong partner Sébastien Evrard, Washington, D.C. partner Scott Hammond and Brussels associate Madeleine Healy are the authors of "Leniency Under the Hong Kong Competition Ordinance" [PDF] published in the December 2015 issue of Competition Policy International.

Article | December 1, 2015

The Final Countdown Begins for Hong Kong’s Competition Regime: Time to Comply

Hong Kong recently commenced the final countdown towards implementing its new competition regime, many elements of which are inspired by competition rules in Western jurisdictions. On July 17, it issued a "Commencement Notice" for the introduction of a Competition Ordinance (the "Ordinance") which is scheduled to come into force in six weeks' time, on December 14, 2015.

Client Alert | November 3, 2015

Rethinking Rebates Policy under EU Competition Law

​The European Court of Justice (ECJ) ruled today in a case concerning rebates and when they fall foul of EU competition law.   BackgroundThe case concerns Post Danmark and, unlike appeals against European Commission Decisions, came by way of a reference from the Danish High Court seeking formal guidance on the interpretation of EU law relating to rebates.  This is the second of two such cases involving Post Danmark, the first having been decided in 2012.

Client Alert | October 6, 2015

UK Consumer Rights Act 2015 Ushers in Class Action-Style Collective Proceedings Regime in the Competition Appeals Tribunal

​The UK Consumer Rights Act 2015 ("the CRA") came into force on 1 October 2015, fundamentally transforming the cartel claims environment in the UK, and introducing class actions (as US litigators might understand the term) for the first time to English law.Schedule 8 of the CRA creates a new collective proceedings regime for damages claims before the Competition Appeals Tribunal ("the CAT").

Client Alert | October 2, 2015

Dispelling the Perception that Legal Privilege impedes Antitrust Enforcement – The US Experience

​Washington D.C. partner Scott Hammond is the author of  "Dispelling the Perception that Legal Privilege impedes Antitrust Enforcement – The US Experience" [PDF]   This article was first published in Competition Law International, Vol 11 No 2, October 2015, and is reproduced by kind permission of the International Bar Association, London, UK.

Article | October 1, 2015

The Need to Establish Absent Class Member Standing in Antitrust Class Actions

Los Angeles partner Theane Evangelis and Washington D.C. partner Cynthia Richman are the authors of "The Need to Establish Absent Class Member Standing in Antitrust Class Actions" [PDF] published in the October 2015 issue of The Antitrust Source.

Article | October 1, 2015

Si.mobil v. European Commission – Undermining the Effectiveness of EU Competition Law?

​Brussels associate Pablo Figueroa is co-author of "Si.mobil v. European Commission - Undermining the Effectiveness of EU Competition Law?" [PDF] published on October 1, 2015 by Eutopia Law.

Article | October 1, 2015

FTC Antitrust Statement Offers Little Clarity

​Los Angeles partner Daniel G. Swanson and Denver of counsel Richard H. Cunningham are the authors of "FTC Antitrust Statement Offers Little Clarity" [PDF] published on August 20, 2015 by Daily Journal.

Article | August 20, 2015

European Commission Adopts Changes to Its Antitrust Procedural Rules to Harmonize with Damages Directive

​The European Commission ("Commission") has recently introduced a series of amendments to primary legislation and a range of "soft law" guidance notes in relation to its competition law procedures to ensure the smooth functioning of Directive 2014/104/EU on Antitrust Damages Actions (the "Damages Directive"), due to be implemented into national law in 2016 across the European Union.I.    IntroductionThe Court of Justice of the European Union has ruled on a number of occasions that any citizen or business has a right to full compensation for the harm caused to them by an infringement of the EU competition (i.e., antitrust) rules.  The right to compensation is, in turn, governed by national rules.  The differences between th

Client Alert | August 17, 2015

2015 Mid-Year E-Discovery Update

Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.

Client Alert | July 15, 2015

2015 Mid-Year Criminal Antitrust and Competition Law Update

Enforcement of the criminal antitrust and competition laws continues to deliver headline grabbing news. Just six months ago, we reported as dominant trends the unrelenting expansion in international enforcement, the increasing severity of punishments, and the rising level of coordination among global competition authorities when it comes to detecting and investigating companies that engage in horizontal collusion.

Client Alert | July 13, 2015

EU Merger Control in the Pharmaceutical Sector

​Brussels associates Pablo Figueroa and Alejandro Guerrero are the authors of "EU Merger Control in the Pharmaceutical Sector" [PDF] published in the July 2015 issue of The Merger Control Review.

Client Alert | July 1, 2015

Policy Options for a Revised EU Access and Interconnection Regime

Brussels partner Peter Alexiadis is author of “Policy Options for a Revised EU Access and Interconnection Regime” [PDF] published in second quarter 2015 issue of Communications & Strategies.

Article | June 30, 2015

The Federal Trade Commission’s Enforcement of Data Security Standards

Seemingly every week a front page headline reports a cyber attack involving the theft of the personal or financial information of millions of consumers.  Although companies that have suffered a data breach are victims of a crime, regulators and plaintiffs' attorneys may seek to hold such companies liable for "failing to lock the door" to adequately protect the stolen data.  Gibson Dunn of counsel Ryan Bergsieker and Richard Cunningham and associate Lindsey Young are authors of the following article recently published by The Colorado Lawyer.  They discuss the active and ongoing efforts by the Federal Trade Commission to hold companies responsible for sufficiently securing sensitive consumer data.  The Federal Trade Commission's Enforcement of Data Security

Article | June 10, 2015

First EU Court Ruling on Cartel Settlement Procedures

On 20 May 2015, the General Court of the European Union handed down its judgment in Timab Industries and CFPR v. Commission, Case T-456/10, which is the first ruling on the European Commission's cartel settlement procedure.

Client Alert | May 22, 2015

Commission discretion unchained

Brussels partner Peter Alexiadis and associate Pablo Figueroa are the authors of "Commission discretion unchained" [PDF] published in the March 17, 2015 issue of Competition Law Insight.

Article | March 17, 2015

2015 Antitrust Merger Enforcement Update and Outlook

In keeping with the explosive growth of regulatory oversight of business activities over the past decade, including in areas such as criminal cartel enforcement, antitrust and competition enforcers around the world have continued to closely scrutinize the competitive consequences of mergers and acquisitions.

Client Alert | March 11, 2015

States must reassess regulatory boards

Los Angeles partner Daniel Swanson and associate Blaine Evanson are the authors of “States must reassess regulatory boards” [PDF] published in the March 4, 2015 issue of the Daily Journal.

Article | March 4, 2015

2014 Year-End Transnational Litigation Update

2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.

Client Alert | February 27, 2015

U.S. Department of State Releases List of Cuban Goods and Services Now Eligible for Importation

As previously reported in our January 20, 2015 Client Alert, "U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S.

Client Alert | February 25, 2015

U.S. Antitrust Agencies Signal Increased Requirements for Merger Remedies

Divest more assets, find a stronger buyer, and hire--at your expense--a monitor that will scrutinize every step of the divestiture process, or the antitrust agencies will challenge the transaction in court.  That is increasingly the message that the leadership of the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") are sending to merging parties seeking to clear the merger review process through a remedy.On February 6, 2015, Bill Baer, the Assistant Attorney General of the DOJ's Antitrust Division, affirmed that "taking a harder look at remedies" continues to be an ongoing DOJ focus.  Mr. Baer described DOJ's willingness to 'litigate the fix', as the Department did in the American Airlines/US Airways and AB InBev/Grupo Model

Client Alert | February 12, 2015

2014 Overview of Myanmar Sanctions

In light of the increased interest that Myanmar is currently generating among international investors, we have prepared this brief overview of applicable international sanctions measures, with a focus on the United States.  As further discussed below, the U.S.

Client Alert | January 26, 2015

2014 Year-End French Law Update

The Paris office of Gibson Dunn is pleased to provide this legal and regulatory update covering France for the second semester of 2014.

Client Alert | January 23, 2015

2014 Year-End E-Discovery Update

In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.

Client Alert | January 20, 2015

U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S. Policy on Cuba

On January 15, 2015, the United States Department of the Treasury (Treasury Department) and the United States Department of Commerce (Commerce Department) released regulatory amendments implementing historic changes to the Cuba sanctions regime announced by President Obama on December 17, 2014.  The amendments incorporate the diplomatic and economic changes to U.S.

Client Alert | January 20, 2015

Under Debate

Brussels partner David Wood is the author of "Under debate" [PDF] published in the January 20, 2015 issue of Competition Law Insight.

Article | January 20, 2015

2014 Year-End Sanctions Update

2014 was marked by numerous noteworthy developments. The crisis in Ukraine and the international community's efforts to respond have figured prominently in, if not dominated, sanctions discourse.

Client Alert | January 15, 2015

2014 Year-End German Law Update

The past year marked the 25th anniversary of the fall of the Berlin Wall and probably the end of a European dream to continue to entertain smooth and peaceful cooperation with Russia.

Client Alert | January 9, 2015

2014 Year-End Criminal Antitrust and Competition Law Update

Gibson Dunn provides a summary overview of criminal antitrust enforcement in 2014 and a discussion of the trends we see from that activity during 2015.

Client Alert | January 8, 2015

Juncker’s “Last Chance Commission”: Key Policy Considerations Regarding the Newly Appointed European Commission

On the 10 December, the new European Commission took its oath of independence before the European Court of Justice.

Client Alert | January 7, 2015

President Obama Signs the Ukraine Freedom Support Act into Law, Authorizing New Sanctions on Russian Entities and Foreign Companies Conducting Business in Russia

On December 18, 2014, President Barack Obama signed the Ukraine Freedom Support Act of 2014 ("Ukraine Freedom Support Act"), which provides him with the authority to impose additional economic sanctions on foreign persons conducting particular transactions in certain Russian economic sectors, notably the energy and defense sectors.  The law, which originated as S.2828 in the United States Senate and H.R. 5859 in the House of Representatives and passed both with unanimous consent, further increases the economic pressure on Russia followings its annexation of Crimea in March 2014 and its continued support of separatist activities in eastern Ukraine.  The law provides the President with new powers, though generally does not require that he impose new sanctions.

Client Alert | December 22, 2014

U.S. Government Takes First Step Toward Normalizing Relations with Cuba; Restores Diplomatic Ties and Eases Trade Sanctions

On December 17, 2014, President Obama announced "the most significant changes to [U.S.] Cuba policy in more than 50 years."  According to information released by the White House, the United States and Cuba will move to normalize diplomatic and economic relations and the United States will implement significant changes to its sanctions policies and regulations with respect to Cuba.  On a broad diplomatic level, the U.S.

Client Alert | December 18, 2014

Merger Control in Ireland

Brussels partner Peter Alexiadis reviewed the book Merger Control in Ireland [PDF] by Marco Hickey in the December 2014 issue of the Law Society of Ireland Gazette.

Client Alert | December 16, 2014

New Swiss/EU Cooperation Agreement Creates Enhanced Enforcement Opportunities for Antitrust Regulators, but Leaves Uncertainty for Companies

On 1 December 2014, a bilateral cooperation agreement on competition matters, signed in May 2013, between the European Union (the "EU") and the Swiss Confederation came into force (the "Cooperation Agreement").

Client Alert | December 10, 2014

The EU Adopts the Damages Directive: The Emergence of an EU Level Playing Field in Private Antitrust Actions

The EU levels the playing field for antitrust damages across the Member States, drives its members towards the UK model, and saves its most far-reaching provisions for the protection of its leniency regime. IntroductionAs part of its emphasis on the need to enhance deterrence against antitrust violations, the European Commission has over the past decade been fine-tuning proposals to create an effective European private enforcement regime through the pursuit of damages actions before European Union ("EU") Member State courts.  The approval by the European Parliament on 17 April 2014 of a new Directive on Private Damages Actions in Competition Law (the "Directive"), which was signed by the European Council of Ministers on 10 November 2014, seeks to est

Client Alert | November 14, 2014

Recent Japanese Government Sanctions on Russia

Following the response of the United States and European Union to the Russian Federation's annexation of Crimea in March 2014, as well as its continued support of separatists in eastern Ukraine, Japan recently imposed economic sanctions on Russia.  In August 2014, the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Economy, Trade and Industry implemented economic sanctions pursuant to the 外国為替及び外国貿易法 [Foreign Exchange and Trade Act], Law No.

Client Alert | November 3, 2014

Human Rights Law and Competition Actions in Europe: The Delta Pekárny v Czech Republic Ruling

1. INTRODUCTIONWith the entry into force of the Lisbon Treaty on 1 December 2009, the EU Charter of Fundamental Rights dating back to the year 2000 attained the same legal status as Treaties, and became legally binding.

Client Alert | October 23, 2014

The Greek Lignite case

Brussels partner Peter Alexiadis and associate Ilias Georgiopoulos are the authors of "The Greek Lignite case" [PDF] published in the October 14, 2014 issue of Competition Law Insight.

Client Alert | October 14, 2014

New Guidance on Domestic Effects of Foreign-to-Foreign Mergers in German Merger Control

The German Federal Cartel Office (FCO) published a revised guidance document on "Domestic Effects in Merger Control" which replaces the previous guidance document published in 1999.

Client Alert | October 9, 2014

U.S. Treasury Department Imposes Additional Sanctions on Russian Entities in Financial Services and Energy Sectors in Response to the Evolving Ukraine Crisis; Expands List of Blocked Persons

Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued three Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.

Client Alert | September 22, 2014