Antitrust and Competition

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Justices to Weigh ‘State Action’ Antitrust Exemption

Los Angeles partner Daniel Swanson and associate Blaine Evanson are the authors of “Justices to Weigh ‘State Action’ Antitrust Exemption” [PDF] published in the September 11, 2014 issue of the Daily Journal.

Article | September 11, 2014

Immunity, Sanctions & Settlements – Germany

Brussels and Munich partner Jens-Olrik Murach is the author of “Immunity, Sanctions & Settlements – Germany” [PDF] published on May 20, 2014 in Global Competition Review.

Client Alert | August 12, 2014

USD 100 Million to Stay on the Racing Track — Munich Court Shows That German Anti-Corruption Laws Have Teeth

This week's landmark decision taken by the Munich regional court (Landgericht München I) in the bribery trial against Bernie Ecclestone not only marked the end of a three-year-long investigation but also delivered a new USD 100 million record settlement in an individual criminal proceeding.

Client Alert | August 7, 2014

Bear Baiting – EU Sectoral Sanctions Against Russia

The European Union (the "EU") has over the course of the last two days adopted wide-ranging sectoral sanctions against the Russian Federation, which will apply throughout the EU's 28 member states.

Client Alert | August 6, 2014

The ECJ Confirms That “Public Undertakings” or Firms with “Special or Exclusive Rights” are Presumed to Be Acting Illegally: the Greek Lignite Case

The sweeping powers of the European Commission (the "Commission") under Article 106 of the Treaty on the Functioning of the European Union ("TFEU") in relation to ex-State monopolies or firms which enjoy "special or exclusive rights" have been vindicated by the European Court of Justice ("ECJ"), after years of inactivity in the implementation of that provision by the Commission.

Client Alert | July 28, 2014

2014 Mid-Year French Law Update

While the first year of President Hollande's mandate has been focused on societal reforms (same-sex marriage, immigration, justice, reform of school timetables), his New Year's Address confirmed that the Government's efforts should concentrate on employment and growth for 2014.  Pledges to cut public spending, reduce labor costs for businesses and lower taxes have been made.The current Administration is trying to place greater emphasis on social negotiation, which has been the case notably with the "responsibility pact" for business, entered into with French employers' associations.  At the same time, faced with the duty to deal with certain controversial public debates, the French Administration has been pressed, in certain circumstances, to take urgent legislation (as

Client Alert | July 22, 2014

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

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

Client Alert | July 21, 2014

2014 Mid-Year Criminal Antitrust and Competition Law Update

Cartel enforcement remains strong. As in recent years, enforcement authorities continue to open new investigations, cooperate with one another when investigating multinational cartels, and impose high monetary penalties.

Client Alert | July 10, 2014

Cartel Damage Claims and the so-Called “Umbrella Pricing” Under EU Competition Law: The Kone Ruling of the Court of Justice of the European Union

On June 5, 2014, the Court of Justice of the European Union (respectively, the "EU" and the "CJEU") issued a Ruling in relation to so-called "umbrella pricing" cartel damage actions.  These claims refer to damages allegedly suffered due to the surcharge applied by non-cartelists who, independently and rationally, adapted to a price increase resulting from a cartel by increasing their own prices.  Pursuant to the Ruling of the CJEU in Case C-557/12 Kone ("Kone"), the Treaty on the Functioning of the European Union ("TFEU") preempts the EU Member States from having in place domestic regulations which "categorically exclude" umbrella pricing claims deriving from breaches of EU Competition law.  I.   Backgroun

Client Alert | July 2, 2014

Net Neutrality in Europe: Reconciling the Irreconcilable

Brussels partner Peter Alexiadis is the author of “Net neutrality in Europe: reconciling the irreconcilable” [PDF] published in the June 2014 issue of Financier Worldwide.

Client Alert | June 1, 2014

2013 Antitrust Enforcement Update: Part 2 (Europe)

New York associate Daniel Chirlin and London of counsel Deirdre Taylor are the authors of "2013 Antitrust Enforcement Update: Part 2 (Europe)" published in the May 2014 edition of Westlaw Journal.

Client Alert | May 1, 2014

Revised EU Antitrust Rules on Technology Licensing

The European Commission (the "Commission") has enacted a revised Block Exemption Regulation governing technology transfer agreements.  The revised regime has been enacted following two prior consultation phases in 2011/2012 and in 2013 (the "Consultations") (cf.

Client Alert | April 30, 2014

White House, European Union Announce Additional Ukraine-Related Sanctions Designations

In the Obama Administration's latest response to the ongoing crisis in Ukraine, the Office of Foreign Assets Control ("OFAC") at the U.S.

Client Alert | April 29, 2014

President Obama Signs Third Executive Order Blocking Property of Additional Persons Contributing to the Situation in Ukraine and Targeting Certain Russian Economic Sectors

On March 20, 2014, President Obama, responding to the ongoing crisis in Ukraine, signed an Executive Order "Blocking Property of Additional Persons Contributing to the Situation in Ukraine." ("Third Ukraine E.O." or "E.O.").  The text of the E.O.

Client Alert | March 25, 2014

2014 Antitrust Merger Enforcement Update and Outlook

Over the past year, merger enforcement has continued to be a top priority for antitrust and competition authorities around the world. In the United States, there is new leadership at the helm of the Federal Trade Commission ("FTC") and Department of Justice, Antitrust Division ("DOJ").

Client Alert | March 21, 2014

President Obama Signs Executive Order Blocking Property of Additional Persons Contributing to the Situation in Ukraine and Designates Russian and Former Ukrainian Officials

In continued response to the ongoing crisis in Ukraine, on March 17, 2014, President Obama signed an Executive Order "Blocking Property of Additional Persons Contributing to the Situation in Ukraine." ("Second Ukraine E.O." or "E.O.").  The text of the E.O.

Client Alert | March 18, 2014

President Obama Signs Executive Order Targeting Persons Threatening Peace, Sovereignty, and Territorial Integrity of Ukraine; European Union Sanctions Former Ukrainian Leaders

In response to the ongoing crisis in Ukraine, on March 6, 2014, President Obama signed an Executive Order "Blocking Property of Certain Persons Contributing to the Situation in Ukraine" ("Ukraine E.O." or "E.O.").  The text of the E.O.

Client Alert | March 10, 2014

Around the World: Clash of the Sanctions

Washington, D.C. partner Judith Lee, London partner Patrick Doris and London associate Mark Handley are the authors of “Around the World: Clash of the Sanctions” [PDF] published in the March 2014 issue of the LexisNexis Antitrust Report.

Client Alert | March 3, 2014

2013 Year-End Sanctions Update

The year 2013 saw vigorous enforcement activity in connection with the increasingly restrictive sanctions, particularly with respect to Iran.  Enforcement of the sanctions in the United States and the European Union has been accompanied by at times very significant penalties.  The flurry of activity towards the end of the year focused on multilateral efforts to address Iran's nuclear program, leading to in questions concerning the prospects for eased Iran sanctions, the nature and duration of any relaxed sanctions, and possible legislative actions jeopardizing the efforts.This update reviews sanctions developments in the United States, European Union and the United Kingdom in 2013 and assesses what the experiences in 2013 suggest about how business practices might evolve to adapt

Client Alert | February 6, 2014

Adjustments to the European Merger Control Procedure

The European Commission adopted a number of changes to the EU merger control procedure  in the form of amendments to the Commission's Notice on Simplified Procedures and to the Implementing Regulation on merger control, which came into effect on 1 January 2014.

Client Alert | February 4, 2014

How To Choose The Right Form Of Joint Venture

New York partner Rashida La Lande is the author of "How To Choose The Right Form Of Joint Venture" [PDF] published by Law360 on February 4, 2014 at www.law360.com.

Client Alert | February 4, 2014

Selective Distribution and e-Commerce: Recent developments in EU and national case law

Brussels partner Andres Font Galarza and associates Eryk Dziadykiewicz and Alejandro Guerrero Perez are the authors of "Selective Distribution and e-Commerce: Recent developments in EU and national case law" [PDF] published in the February 2014 issue of the National Competitions Law Bulletin.

Client Alert | February 3, 2014

10th Annual Webcast Briefing on Challenges in Compliance and Corporate Governance

​Blockbuster fines and increasing regulatory requirements underscore the challenging environment facing today's compliance professionals. Join our experienced securities law, corporate governance, white collar defense and investigations attorneys as they discuss practical approaches for developing strong compliance programs for the year ahead.

Webcasts | January 29, 2014

FTC Announces New Hart-Scott-Rodino Thresholds

The Federal Trade Commission has released its annual adjustments to the Hart-Scott-Rodino Act (HSR) jurisdictional thresholds and the various exemption thresholds in the HSR rules.  All dollar amounts that are subject to annual indexing will increase by nearly 7% over the current adjusted thresholds for transactions closing on or after February 24, 2014.  In addition, the FTC announced revised jurisdictional thresholds under Section 8 of the Clayton Act, which prohibits certain director and management interlocks between competitors.  The new thresholds will be effective until around the same time next year.  The new minimum size-of-transaction filing threshold under HSR will be $75.9 million (increased from the current $70.9 million adjusted threshold).

Client Alert | January 24, 2014

China’s AIC: A Familiar Face Now on the Global Anti-Corruption Map

Washington, D.C. of counsel Daniel Chung and New York associate William Han are the authors of "China's AIC: A Familiar Face Now on the Global Anti-Corruption Map" [PDF] published in the January 17, 2014 edition of Bloomberg BNA's Antitrust & Trade Regulation Report.

Article | January 17, 2014

2013 Year-End German Law Update

Gibson Dunn lawyers provide a comprehensive review of German business law during 2013, in areas including corporate, M&A, antitrust, tax, labor and employment, real estate, IP and data protection.

Client Alert | January 15, 2014

European Commission Launches Public Consultation on New State Aid Guidelines for Environmental Protection and Energy

On 18 December 2013, the European Commission (the “Commission”) launched a public consultation on a new draft of the Environmental Protection and Energy State aid Guidelines (the “EEAG”).

Client Alert | January 10, 2014

2013 Year-End Criminal Antitrust and Competition Law Update

The hallmarks of modern cartel enforcement—globalization of investigations, higher monetary penalties, and a growing utilization of individual penalties—remained the core trends in 2013.

Client Alert | January 9, 2014

Standard-Essential Patents and the Problem of Hold-Up

Washington, D.C. partner Joseph Kattan is co-author of "Standard-Essential Patents and the Problem of Hold-Up" [PDF] published on Social Science Research Network (SSRN).

Client Alert | December 19, 2013

RPM Under EU Competition Law: Some Considerations From a Business and Economic Perspective

Brussels partner Andrés Font Galarza and associate Pablo Figueroa are co-authors of “RPM Under EU Competition Law: Some Considerations From a Business and Economic Perspective” [PDF] published in the November 1, 2013 issue of CPI Antitrust Chronicle.  

Client Alert | November 1, 2013

Clash of the Sanctions

What should a company do when an entity on the E.U.'s sanctions lists for Iran successfully challenges its inclusion on that list, but remains on the U.S.'s OFAC List of Specially Designated Nationals and Blocked Persons (the "SDN List")?

Client Alert | September 23, 2013

2013 Criminal Antitrust Update

San Francisco partners Rachel Brass and Trey Nicoud and London of counsel Deirdre Taylor are the authors of "2013 Criminal Antitrust Update" [PDF] published in the September 2013 issue of Westlaw Journal's White Collar Crime.

Client Alert | September 1, 2013

2013 Mid-Year Sanctions Update

The first part of 2013 saw continuing vigorous sanctions activity, particularly in connection with Iran.  This article reviews sanctions developments in the United States, the European Union and the United Kingdom during the first half of 2013 in regulatory and legislative matters and enforcement.OFAC SANCTIONSI.    LEGISLATION            A.    Iran Freedom and Counter-Proliferation Act of 2012 (IFCA)On January 2, 2013, President Obama signed into law the Iran Freedom and Counter-Proliferation Act of 2012 as a subtitle in the National Defense Authorization Act for Fiscal Year 2013.  As set forth below, the IFCA expands the targets for U.S.

Client Alert | August 21, 2013

The Schindler Ruling of the Court of Justice of the European Union: Potential Implications for Fundamental Rights and EU Competition Law

I.    BackgroundDefense counsel in European antitrust proceedings have long bemoaned the fact that "fundamental rights" did not effectively find their way into the fabric of the rights of the defence, despite their appearance in the European Convention on Human Rights (the "EHCR").

Client Alert | July 31, 2013

2013 Mid-Year Criminal Antitrust and Competition Law Update

The first half of 2013 has seen a marked drop in announcements of plea agreements and fines imposed by the Antitrust Division of the U.S. Department of Justice ("DOJ").

Client Alert | July 11, 2013

U.S. Supreme Court Reaffirms Enforceability of Class Arbitration Waivers

On June 20, 2013, in American Express Corp. v. Italian Colors Restaurant, (No. 12-133), the United States Supreme Court held that a party cannot escape individual, non-class arbitration by asserting that class action procedures are necessary to effectively prosecute the claim.

Client Alert | June 25, 2013

FRAND Wars and Section 2

Washington, D.C. partner Joseph Kattan is the author of "FRAND Wars and Section 2" [PDF] published in the Summer 2013 issue of Antitrust.

Client Alert | June 21, 2013

8th Amendment of the Act Against Restraints of Competition in Germany

On June 7, 2013, the German parliament finally gave its consent for the 8th Amendment of the German Act against Restraints of Competition ("ARC").

Client Alert | June 14, 2013

European Commission Takes First Steps Towards EU Antitrust Damages Claims

After an eight year long debate, on June 11, 2013, the European Commission took its first steps towards an EU legislative package on damages claims.

Client Alert | June 14, 2013

Review of “Competition Law in the BRICS Countries”

Brussels associate Pablo Figueroa is the co-author of a review [PDF] of “Competition Law in the BRICS Countries.”  The review first appeared in the Competition Law Journal 2013, Vol 12, Issue 1  published by Jordans.

Client Alert | June 3, 2013

European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer (European Intellectual Property Review)

Brussels partner Peter Alexiadis and associate Alejandro Guerrero Pérez are the authors of "European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer" [PDF] published in the June 2013 issue of the European Intellectual Property Review.

Client Alert | June 3, 2013

The Robathin v. Austria Ruling by the European Court of Human Rights: Some Preliminary Considerations from a Competition Law Perspective

Brussels associate Pablo Figueroa is the author of “The Robathin v. Austria Ruling by the European Court of Human Rights: Some Preliminary Considerations from a Competition Law Perspective” published in the January-June 2013 issue of Estudios de Deusto.

Client Alert | June 1, 2013

UK competition regime: All change or more of the same?

London partner Ali Nikpay is the author of “UK competition regime:  All change or more of the same?” [PDF] published in Concurrences in May 2013. 

Client Alert | May 1, 2013

Effective Defenses of Hospital Mergers in Concentrated Markets

Denver of counsel Richard H. Cunningham is the author of "Effective Defenses of Hospital Mergers in Concentrated Markets" [PDF] published in the Spring 2013 issue of Antitrust.

Client Alert | April 30, 2013

European Commission Reissues Its Guidance on Handling IT Data in Dawn Raids

On 18 March 2013, the European Commission issued an updated explanatory note on its procedures during unannounced inspections, commonly referred to as "dawn raids".

Client Alert | April 2, 2013

European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer

The current legal regime which applies to the assessment of technology transfer arrangements under EU antitrust rules is about to undergo some significant changes by this time next year.

Client Alert | April 1, 2013

Clarification of COMESA Merger Control Procedures Anticipated, Following First Notification to African Regional Competition Authority

On 13 March 2013, it was announced that Philips Electronics and Funai Electric have lodged the first application for merger control review with the supra-national COMESA Competition Commission (CCC), since the vesting of merger review powers in that body in January this year.  Practitioners hope that this review, which in many ways can be seen as a test case, will help clarify several key aspects of COMESA's newly introduced merger control practices and procedures.The COMESA Competition Commission COMESA is the Common Market for Eastern and Southern Africa.  It was formed in 1994 with a view to promoting economic development, as well as peace and security in the region.  Currently it comprises 19 member states.

Client Alert | March 29, 2013

2013 Antitrust Merger Enforcement Update and Outlook

Our 2012 Antitrust Merger Enforcement Update and Outlook reported on a number of emerging trends and initiatives by antitrust enforcers around the world.

Client Alert | March 21, 2013

Disclosing Pending FCPA Investigations

Washington, D.C. partner F. Joseph Warin and associate Maura Logan are the authors of “Disclosing Pending FCPA Investigations” [PDF] published in the March 20, 2013 issue of The Review of Securities & Commoditites Regulation.

Client Alert | March 20, 2013

2012 Year-End Sanctions Update

The year 2012 saw vigorous activity in the creation and implementation of increasingly restrictive sanctions, particularly with respect to Iran.  Enforcement of the sanctions has been accompanied by at times very significant penalties.This update reviews sanctions developments in the United States, European Union and the United Kingdom in 2012 in four areas -- legislation, Executive Orders, regulatory developments, and enforcement -- and assesses what the experiences in 2012 suggest about how business practices might evolve to adapt to current sanctions.OFAC SANCTIONSI.  LegislationDuring 2012 the United States enacted some of its most restrictive sanctions, isolating Iran with trade barriers similar to those imposed on Cuba, to devastating effect.  Augmented sanctions

Client Alert | March 13, 2013

Changing of the guard

Dubai partner Hardeep Plahe and Brussels associate Alejandro Guerrero are the authors of “Changing of the guard” [PDF] published in the February 19, 2013 issue of Competition Law Insight.

Client Alert | February 19, 2013

Structural Remedies Under European Union Antitrust Rules

Brussels partner Peter Alexiadis and Brussels associate Elsa Sependa are the authors of “Structural Remedies Under European Union Antitrust Rules” [PDF] published in Concurrences in February 2013. 

Client Alert | February 1, 2013

New UAE Antitrust Legislation in Force from February 23, 2013 — Six-Month Grace Period before Enforcement

On October 23, 2012, the United Arab Emirates enacted its Federal Competition Law (Federal Law No. (4) of 2012) ("FCL"), which laid down new rules on anti-competitive agreements, merger control and abuse of dominance.

Client Alert | January 18, 2013

2012 Year-End German Law Update

In retrospect, 2012 likely will be remembered as another year of manifold challenges in the Eurozone and of slow consolidation rather than one of fundamental reform or renaissance.

Client Alert | January 10, 2013

2012 Year-End Criminal Antitrust and Competition Law Update

The past year marked record-level global criminal competition law enforcement. The level of fines imposed continued its upward trajectory, with authorities in the United States, Europe, China, and India imposing record sanctions.

Client Alert | January 7, 2013

Chancery Court Continues Close Scrutiny in Section 220 Actions

New York partner James Hallowell and associate Stephen Henrick are the authors of “Chancery Court Continues Close Scrutiny in Section 220 Actions” [PDF] published in the November 28, 2012 issue of the Delaware Business Court Insider.

Client Alert | November 28, 2012

Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA

Washington, D.C. partner F. Joseph Warin and associate John W.F. Chesley are the authors of "Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA" [PDF] published in the October 3, 2012 issue of The FCPA Report.

Client Alert | October 3, 2012

Transparencia en Internet

Brussels partner Andres Font Galarza is the author of "Transparencia en Internet" [PDF] published in Diario Perfil on August 11, 2012.

Client Alert | August 11, 2012

2012 Mid-Year Criminal Antitrust Update

The Department of Justice is on pace for a record-setting year after obtaining more than $810 million from criminal antitrust offenders during the first nine months of FY 2012.

Client Alert | July 11, 2012

Searching questions: Freedom of expression, competition and search engines

Brussels partner David Wood is the author of "Searching questions: Freedom of expression, competition and search engines" [PDF] published in Competition Law Insight on June 12, 2012.

Client Alert | June 12, 2012

President Obama Signs Order Targeting “Foreign Sanctions Evaders”

On May 1, 2012, President Obama signed Executive Order 13608 "Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria" ("FSE E.O.").[i] The FSE E.O.

Client Alert | June 7, 2012

UK Government Publishes Consultation to Promote Private Sector Challenges to Anti-Competitive Practices

On April 24, 2012, the UK Government published a consultation paper on methods to promote private sector challenges to anti-competitive practices in the UK.

Client Alert | May 8, 2012

One Step Back: ECJ’s Rejection of Tomra’s Appeal Upholds the European Commission’s Traditional, Form-Based Approach to Abuses of Dominance

On April 19, 2012, the European Court of Justice ("ECJ") delivered its Judgment in Tomra Systems & Ors v Commission, rejecting all five of Tomra's grounds of appeal following the Judgment of the General Court in Tomra Systems & Ors v Commission.

Client Alert | May 8, 2012

Private Antitrust Merger Litigation on the Rise

Recent developments serve as a reminder that private litigation challenging proposed and consummated M&A transactions, though infrequent and often unsuccessful, do continue to arise and in fact appear to be on the incline.  Whether they are filed before or after the transaction is consummated, such suits can create additional uncertainty and additional burdens on the merging parties.  It therefore pays to be alert for situations posing a somewhat higher risk of private merger suits and to stay abreast of relevant trends.  Sean Royall and Adam Di Vincenzo of Gibson Dunn are co-authors of the attached article, "When Mergers Become A Private Matter:  An Updated Antitrust Primer," which examines a range of recent private merger challenges brought by competitor

Client Alert | March 29, 2012

Balancing the Application of Ex Post and Ex Ante Disciplines under Community Law in Electronic Communications Markets: Square Pegs in Round Holes?

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

Cartels in the Utilities Sector: An Overview of EU and National Case Law

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

General Court Allows the European Commission to Request Information Pre-Dating a Country’s Accession to the European Union

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

UK Government Announces Merger between the Country’s Two Competition Authorities

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

2012 Antitrust Merger Enforcement Update and Outlook

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

2011 Year-End U.S. Criminal Antitrust Review

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

Parallel Cartel Enforcement Actions in Europe

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

European Union Announces Adoption of Stricter Sanctions vs. Iran

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

How to Deal with Business Corruption Risks in Mexico

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

Duties of Directors of UK Subsidiary Companies – An Introduction

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

From Antitrust to FCPA Liability

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

Free Market 1: Copyright 0 – UK Premier League Loses Away from Home

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

2011 Year-End Criminal Antitrust Update

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

Exclusive distribution: An overview of EU and national case law

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

The Role of Oral Hearings in EU Antitrust Proceedings

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

Vertical Restraints Policy in the EU: Open Questions in the Face of Policy Compromises

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

European Court of Justice Delivers Landmark Judgment in UK Premier League Referral

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

Two Circuit Court Opinions Confirm Central Role of Market Definition in Merger Litigation

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

2011 Mid-Year Merger Enforcement Update

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

U.S. FTC and DOJ Announce Significant Changes to HSR Filing Form Requirements and Instructions

On July 7, 2011, the Federal Trade Commission (FTC) and U.S.

Client Alert | July 27, 2011

2011 Mid-Year Criminal Antitrust Update

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

U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act

Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.

Client Alert | April 27, 2011

A Review of 2010 Criminal Antitrust Enforcement

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

2010 Year-End German Law Update

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

2010 Year-End Criminal Antitrust Update

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

Evaluating Mergers Between Potential Competitors Under the New Horizontal Merger Guidelines

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

Limited Scope of EU Legal Privilege Confirmed: In-house Counsel Excluded

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

U.S. Department of Justice and Federal Trade Commission Issue Revised Horizontal Merger Guidelines

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

U.S. Federal Trade Commission Proposes Significant Changes to HSR Filing Form Requirements and Instructions

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

Defending Corporate Executives Outside the US in Investigations and Prosecutions by the US DOJ’s Antitrust Division

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

2010 Mid-year Criminal Antitrust Update

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

U.S. Congress Renews Civil Leniency for Companies That Self-Report Sherman Act Criminal Violations

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

U.S. Supreme Court Decision Revisits Meaning of “Contract, Combination or Conspiracy” Under §1 of the Sherman Act

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

EU Cartel Settlement Procedure Applied for First Time in DRAM Case

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

Thinking holistically? Trust Europe

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

Narrow Scope of EU Privilege Rules Under Spotlight Again

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