Antitrust and Competition

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International Comparative Legal Guide to Sanctions 2022, Germany Chapter

Munich partner Michael Walther and associate Richard Roeder are the co-authors of the “Germany” [PDF] chapter of International Comparative Legal Guides' Sanctions 2022, 3rd Edition published in October 2021.

Article | October 4, 2021

Rachel Brass and Cynthia Richman Named Among GCR’s Top Women in Antitrust 2021

Global Competition Review named San Francisco partner Rachel Brass and Washington, D.C. partner Cynthia Richman to its list of Women in Antitrust 2021, which highlights “more than 130 female private practitioners, enforcers, in-house counsel, economists and academics who deserve recognition for their standout careers.” The report was published on September 24, 2021.

Firm News | September 28, 2021

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Thought Leaders – Global Elite

Six Gibson Dunn partners were featured by Who’s Who Legal in its Thought Leaders – Global Elite 2021 guide. The publication features individuals who obtained the highest number of nominations from peers, corporate counsel and other market sources.

Firm News | September 28, 2021

Former FTC Attorney Jamie France Returns to Gibson Dunn as Of Counsel in Washington, D.C.

Gibson, Dunn & Crutcher LLP is pleased to announce that Jamie E. France has rejoined the firm as an of counsel in its Washington, D.C. office. She will serve as a member of the Litigation and Antitrust and Competition Practice Groups.

Press Releases | September 22, 2021

Richard Doren and Veronica Moyé Named Litigators of the Week

The Am Law Litigation Daily named Los Angeles partner Richard Doren and Dallas partner Veronica Moyé its Litigators of the Week.

Firm News | September 17, 2021

Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

New York partner Eric Stock, Washington, D.C. partner Michael Perry, and Orange County associate Matthew Parrott are the authors of "Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny," [PDF] published by Law360 on September 13, 2021.

Article | September 13, 2021

UK Government Issues Further Updates on National Security Regime: A Comprehensive State of Play for Investors

This week the UK Government published still further updates on the application of the soon to come into force National Security and Investment Act 2021. We have prepared a comprehensive guide to the UK’s new national security regime, bringing together all of the developments and guidance to date. But, most importantly, we consider what investors and their advisors need to take into account now in order to mitigate risk and improve deal certainty.

Client Alert | September 8, 2021

Law360 Names Six Gibson Dunn Partners as 2021 MVPs

Law360 named six Gibson Dunn partners among its 2021 MVPs. The Law360 MVP Awards feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on August 30, 2021.

Firm News | September 8, 2021

Merricks v Mastercard: UK’s Competition Appeal Tribunal Allows First Ever Opt-Out Class Action

The UK’s Competition Appeal Tribunal has certified the first application for a collective proceedings order on an opt-out basis in Walter Hugh Merricks CBE v Mastercard Incorporated & Ors.

Client Alert | August 24, 2021

10 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 10 Gibson Dunn partners as the 2022 Lawyer of the Year in their respective practice areas and cities: Theodore Boutrous, Jr.

Firm News | August 19, 2021

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Competition, Hospitality and Product Liability Defense

Nineteen Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. Who’s Who Legal Competition 2021 recommended Brussels partners Christian Riis-Madsen and David Wood; Dallas partner Robert Walters; Frankfurt partner Georg Weidenbach; Hong Kong partner Sébastien Evrard; London partner Ali Nikpay; Los Angeles partner Daniel Swanson; New York partner Eric Stock; San Francisco partners Rachel Brass and Trey Nicoud; and Washington, D.C. partners Adam Di Vincenzo, Scott Hammond, Joseph Kattan, and Richard Parker.

Firm News | July 28, 2021

President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

On July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.

Client Alert | July 9, 2021

Directors Resign After Department of Justice Raises Antitrust Concerns

On June 21, 2021, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced that two officers of Endeavor Group Holdings Inc. have resigned their positions on the board of directors of Live Nation Entertainment Inc. in the wake of concerns expressed by DOJ that the two companies formed an illegal interlocking directorate under the antitrust laws.

Client Alert | June 25, 2021

Best Lawyers in Belgium 2021-2022 Recognizes Three Gibson Dunn Partners

Best Lawyers in Belgium 2021-2022 has recognized three Gibson Dunn partners in their respective practice areas:  Christian Riis-Madsen – European Union Law; David Wood – Competition/Antitrust Law, and European Union Law; and Ali Nikpay – Competition/Antitrust Law and Litigation. 

Firm News | June 24, 2021

Supreme Court Holds That Sherman Act Bars NCAA From Limiting Education-Related Benefits For Student-Athletes

On June 21, 2021, the Supreme Court unanimously held that the NCAA’s current limits on education-related benefits for student-athletes violate the Sherman Act.

Client Alert | June 21, 2021

Second Circuit Issues Important Ruling on Trademark Settlements and Antitrust/IP Interface

On June 11, 2021, the Second Circuit issued its decision in 1-800 Contacts, Inc. v. FTC, an appeal of an administrative litigation brought by the Federal Trade Commission against 1-800 Contacts.  The decision—which rejected the FTC’s claim that several trademark settlements by 1-800 Contacts violated the antitrust laws —found that the trademark settlement agreements at issue were “typical” and procompetitive, and provides crucial guidance for parties considering settling trademark disputes.

Client Alert | June 14, 2021

WirtschaftsWoche Ranks Gibson Dunn as a 2021 Top Law Firm in M&A and Antitrust

In its list of the most renowned law firms and lawyers in M&A and Antitrust, German publication WirtschaftsWoche has recognized Gibson Dunn as a Top Law Firm in both practices.

Firm News | June 12, 2021

Judgment by the General Court of the European Union Declares State Aid to the Ex Monopolist Post Danmark Illegal

In May 2021, Gibson Dunn attorneys won a landmark case before the General Court of the European Union (case T-561/18, ITD and Danske Fragtmænd v European Commission). Gibson Dunn represented ITD (a Danish trade association of international companies operating parcel and logistics services) and Danske Fragtmænd (a company operating in this sector in Denmark) in a case concerning state subsidies in the Danish post and courier market.

Client Alert | May 21, 2021

Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021

In its 2021 edition, Chambers USA awarded Gibson Dunn 94 first-tier rankings, of which 33 were firm practice group rankings and 61 were individual lawyer rankings.

Firm News | May 20, 2021

Germany Further Strengthens Foreign Direct Investment (FDI) Regime

The 17th amendment of the Foreign Trade and Payments Ordinance (“AWV amendment”) came into effect in the first week of May 2021. It marks the third fundamental revision of the German FDI regime since April 2020.

Client Alert | May 13, 2021

Supreme Court Restricts Power Of The Federal Trade Commission To Seek Monetary Relief In Courts

On April 22, 2021, the Supreme Court held 9-0 that Section 13(b) of the Federal Trade Commission Act, which authorizes federal courts to issue “permanent injunction[s]” in FTC enforcement actions, does not include the power to award equitable monetary relief such as restitution.

Client Alert | April 22, 2021

Gibson Dunn Wins Six Awards at 2021 Benchmark Litigation US Awards Ceremony

Benchmark Litigation recognized Gibson Dunn at its 2021 Benchmark US awards ceremony with six awards. Gibson Dunn was named East Coast Appellate Firm of the Year, California Antitrust Firm of the Year and California Labor & Employment Firm of the Year.

Firm News | April 5, 2021

Significant Change in European Commission Merger Control Policy: Pharma and Digital Deals to Face Uncertainty and Additional Scrutiny in Europe

On 26 March 2021, the European Commission published guidance on the circumstances under which it is likely to accept requests from national competition authorities within the EU to investigate mergers that do not meet the EU or even national jurisdictional tests.

Client Alert | April 2, 2021

Document Retention in EU Competition Cases

On 25 March 2021, the Court of Justice of the EU (“CJEU”) confirmed the fines imposed in Europe on a number of pharmaceutical companies, including Xellia and Alpharma, for entering into anticompetitive ‘pay for delay’ settlement agreements. 

Client Alert | April 2, 2021

Pharmaceutical Transactions in Spotlight as FTC Announces Multilateral Working Group to Develop Fresh Approaches to Merger Reviews

On March 16, 2021, the U.S. Federal Trade Commission announced that it is teaming up with antitrust enforcers in the European Union, United Kingdom, Canada, and the State Attorneys General in the U.S. in an effort “to update their approach to analyzing the effects of pharmaceutical mergers.”

Client Alert | March 23, 2021

Senator Klobuchar Proposes Major Antitrust Bill

On February 4, 2021, Senator Amy Klobuchar (D-MN) introduced S. 225, the Competition and Antitrust Law Enforcement Act, a comprehensive legislative effort to revamp current antitrust laws and strengthen enforcement. On March 11, 2021, as the Chair of the Senate Antitrust Subcommittee, Senator Klobuchar gaveled in the first of likely many hearings on antitrust policy in the 117th Congress.   

Client Alert | March 22, 2021

Antitrust in China – 2020 Year in Review

Despite the COVID-19 pandemic, China’s antitrust enforcement remained robust in 2020. On the merger front, the State Administration for Market Regulation unconditionally approved more than 99 percent of the 458 deals reviewed and only imposed conditions in four transactions. SAMR also issued a flurry of new guidelines in the antitrust space that provide more guidance on its enforcement priorities and its interpretation of the law.

Client Alert | March 4, 2021

Antitrust Partners and Former FTC Officials Stephen Weissman and Michael Perry Join Gibson Dunn in D.C.

Gibson, Dunn & Crutcher LLP is pleased to announce that Stephen Weissman and Michael J. Perry have joined the firm’s Washington, D.C. office as partners.

Press Releases | March 1, 2021

FTC and DOJ Suspend Early Termination of Merger Reviews; FTC Publishes Revised Hart-Scott-Rodino Notification Thresholds for 2021

On February 4, 2021, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly announced that both agencies would review the processes and procedures regarding early termination of merger notification waiting periods under the Hart-Scott-Rodino Act.

Client Alert | February 5, 2021

“Digitalization Act”: Significant Changes to German Antitrust Rules

On January 19, 2021, the 10th Amendment of the German Competition Act (ACR) entered into force, also known as “GWB Digitalization Act.” Gibson Dunn lawyers provide an overview of the most important provisions of the Amendment.

Client Alert | January 28, 2021

Who’s Who Legal 2021 Recognizes Gibson Dunn Partners in Arbitration, Tax and Competition

Four Gibson Dunn partners were featured in Who’s Who Legal Arbitration 2021 guide: London partners Cyrus Benson, Penny Madden and Jeffrey Sullivan were recognized and New York partner Rahim Moloo was named as a Future Leader.

Firm News | January 14, 2021

2020 Year-End German Law Update

At Gibson Dunn, we are proud and honored to be at your side to help solve your most complex legal questions and to continue our partnership with you in the coming year in Germany, in Europe and the world. We trust you will find this German Law Year-End Update insightful and instructive for the best possible start in 2021.

Client Alert | January 14, 2021

Webcast: Antitrust Enforcement under the Biden Administration

This webcast explores the antitrust policy agenda of the Biden Administration and what legislative reforms to the antitrust laws may be on the horizon under the 117th Congress.

Webcasts | January 13, 2021

EU Consults on New EU Competition Policy for Distribution Agreements

On 18 December 2020, the European Commission launched a comprehensive public consultation on the revision of the European Union antitrust rules specifically applicable to distribution agreements, namely, the 2010 Vertical Block Exemption Regulation and the 2010 Vertical Guidelines, both of which will expire on 31 May 2022.

Client Alert | January 5, 2021

Five Years of Antitrust Enforcement in Hong Kong

The substantive provisions of Hong Kong’s Competition Ordinance came into force in December 2015. This note looks at the main achievements in the first five years and some of the challenges laying ahead.

Client Alert | December 22, 2020

European Courts Rule on Range of Competition Issues in Pre-Christmas Case-load Clearance

The General Court of the European Union (“General Court”) delivered three Judgments on 16 December 2020 which confirmed different aspects of the scope of the powers enjoyed by the European Commission (“the Commission”) in its application of competition rules in the European Union (“EU”). In a nutshell, the General Court has confirmed that the Commission: is entitled to apply competition rules to sports activities; has a very wide discretion in determining whether or not there is sufficient “Community interest” for it to pursue an infringement action under Articles 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”); and has a broad discretion in interpreting commitments given in merger proceedings to ensure they are in line with other EU policies.

Client Alert | December 21, 2020

Who’s Who Legal Competition 2020 Recognizes 18 Partners

Eighteen Gibson Dunn partners were featured in Who’s Who Legal Competition 2020 guide. Brussels partners Peter Alexiadis, Jens-Olrik Murach, Christian Riis-Madsen and David Wood; Dallas partner Robert Walters; Frankfurt partner Georg Weidenbach; Hong Kong partner Sébastien Evrard; London partner Ali Nikpay; Los Angeles partner Daniel Swanson; San Francisco partners Rachel Brass and Joshua Lerner; and Washington, D.C. partners Adam Di Vincenzo, Scott Hammond, Joseph Kattan, Trey Nicoud and Richard Parker were recognized.

Firm News | December 15, 2020

U.S. Congress Passes the Criminal Antitrust Anti-Retaliation Act of 2019

On December 8, 2020, the U.S. House of Representatives passed the Criminal Antitrust Anti-Retaliation Act of 2019, which prohibits employers from retaliating against certain employees who report criminal antitrust violations internally or to the federal government.

Client Alert | December 15, 2020

Merricks v Mastercard – Supreme Court Confirms Certification Test for UK Class Actions

In one of the most anticipated rulings of recent years, on 11 December 2020 the UK Supreme Court handed down judgment in Merricks v Mastercard, dismissing (by a majority) Mastercard’s appeal against the criteria established by the Court of Appeal for the certification of class actions by the UK’s Competition Appeal Tribunal (CAT).

Client Alert | December 14, 2020

European Court of Justice Annuls Commission Decision Failing to Account for Rights of Third Parties in Anti-Competitive Licensing Obligations

A recent Judgment of the Court of Justice of the European Union in Case Groupe Canal + v. Commission provides some clarity about the sorts of commitments that defendants can give to reach a settlement with the European Commission in order to avoid it adopting a Decision under Article 101(1) TFEU.

Client Alert | December 11, 2020

Gibson Dunn Ranked Among the World’s Top Antitrust Practices by GCR

Gibson Dunn was ranked in the 2021 edition of Global Competition Review’s GCR 100 – Global Elite, a list of the world’s top 25 antitrust practices.

Firm News | December 11, 2020

The UK’s New National Security Regime

The UK Government has announced plans to upgrade and widen significantly its intervention powers on grounds of national security. Gibson Dunn lawyers detail key aspects of the proposed new regime.

Client Alert | November 18, 2020

Global Competition Review Recognizes Gibson Dunn for Two Matters of the Year

At its annual GCR Awards, Global Competition Review named T-Mobile’s $26 billion acquisition of Sprint the “Matter of the Year,” in which Gibson Dunn was counsel to T-Mobile’s parent company Deutsche Telekom, and the US v Heritage Pharmaceuticals matter as the “Behavioural Matter of the Year in the Americas,” in which Gibson Dunn was counsel to Heritage Pharmaceuticals.

Firm News | November 10, 2020

Webcast: Antitrust Merger Trials – Lessons Learned and Strategies for Success

In this webcast, Gibson Dunn trial and appellate lawyers draw on their experiences in recent merger trials to discuss cases where the government did and did not have the benefit of a presumption of competitive harm, as well as the role of fact witnesses, party documents, and experts.

Webcasts | November 10, 2020

Gibson Dunn Named Among Top 50 Law Firms in Germany

German publication Kanzleimonitor 2020/2021 listed Gibson Dunn among the top 50 law firms in Germany recommended by in-house lawyers. In the categories of Stock Corporation and Corporate Governance Law, Munich partner Ferdinand Fromholzer was one of two most recommended lawyers, Munich of counsel Silke Beiter was frequently recommended, and the firm was ranked among the top 10 in Germany.

Firm News | November 5, 2020

Leading German Legal Publication JUVE Recommends Frankfurt, Munich and Brussels Offices in its Annual Handbook 2020/2021

The leading German legal publication JUVE recommended Gibson Dunn’s Frankfurt, Munich and Brussels offices in the 2020/2021 edition of its annual directory.

Firm News | November 5, 2020

U.S. News – Best Lawyers® Names Gibson Dunn Law Firm of the Year for 2021 in Antitrust and Real Estate

U.S. News – Best Lawyers® awarded Gibson Dunn its 2021 Law Firm of the Year for Antitrust Law and Real Estate Law. The title of Law Firm of the Year is awarded to only one firm per practice area.

Firm News | November 5, 2020

We need to make our regulators more politically accountable

London partner Ali Nikpay is the author of “We need to make our regulators more politically accountable” [PDF] published by The Telegraph on November 1, 2020.

Publications | November 1, 2020

Webcast: In-house Guidance for Managing Non-U.S. Antitrust Investigations

With more than 130 competition authorities around the world, companies face numerous challenges in managing antitrust investigations outside the United States. In this webcast, Gibson Dunn lawyers help keep in-house counsel a step ahead of the competition authorities in Latin America, Europe, Asia, and Oceania.

Webcasts | October 27, 2020

Gibson Dunn Ranked in Chambers UK 2021

Gibson Dunn was recognized with four firm and 14 individual rankings in the 2021 edition of Chambers UK. The firm was recognized in the categories: Competition Law – London; International Arbitration: Commercial Arbitration – UK-wide; International Arbitration: Investor-State Arbitration; and Real Estate Finance – London.

Firm News | October 23, 2020