Antitrust and Competition

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Gibson Dunn Adds Antitrust Partner Georg Weidenbach in Frankfurt

Gibson, Dunn & Crutcher LLP is pleased to announce that Georg Weidenbach will join the firm’s Frankfurt office. Weidenbach, formerly a partner at Latham & Watkins LLP, will continue his global antitrust practice.

Press Releases | October 19, 2020

Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2021 edition and named 66 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 16, 2020

Common Shareholding and Competition in Europe

On 29 September 2020, the European Commission issued its first report on concomitant minority shareholdings by institutional investors in companies active in the same market. The findings of the 320 page Report were drawn upon lessons learned from five sectors which are considered by the Commission to be relatively concentrated, namely: Oil & Gas, Electricity, Mobile Telecoms, Trading Platforms, and Beverages. The Report was triggered by the identification of an increasing number of Common Shareholdings in recent years. For instance, in 2014, 60% of U.S. public firms had a shareholder that held at least 5% both in the firm itself and in a competitor. In Europe, Common Shareholdings with at least 5% participation concerned 67% of listed companies in 2016.

Client Alert | October 15, 2020

International Comparative Legal Guide to Sanctions 2021, 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 2021, 2nd Edition published in October 2020.

Article | October 6, 2020

Gibson Dunn Ranked in the 2021 UK Legal 500

Gibson Dunn earned 13 practice area rankings in the 2021 edition of The Legal 500 UK. Four partners were named to Legal 500’s Hall of Fame, recognizing individuals who receive consistent feedback from their clients for continued excellence, and four other partners were named Leading Lawyers in their respective practices.

Firm News | October 5, 2020

Antitrust Merger Enforcement Update: DOJ Antitrust Releases New Guidelines for Merger Remedies

On September 3, 2020, the Antitrust Division of the U.S. Department of Justice released a new Merger Remedies Manual. The Division traditionally reviews mergers involving airlines, health insurance, finance, publishing, media, beer, telecommunications, and other industries.

Client Alert | September 21, 2020

The EU is set to control foreign subsidies

Brussels partner Attila Borsos is the author of "The EU is set to control foreign subsidies," [PDF] published by Financier Worldwide in its September 2020 issue.

Publications | September 2, 2020

Lee Dunst, Mitch Karlan and Richard Parker Named Among National Law Journal’s 2020 Winning Litigators

The National Law Journal named New York partners Lee Dunst and Mitch Karlan and Washington, D.C. partner Richard Parker among its 2020 Winning Litigators, featuring “conquerors of the courtroom” who “have tackled some of the most widely watched cases of the year.” The list was published in The National Law Journal’s September 2020 issue.

Firm News | September 1, 2020

13 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 13 Gibson Dunn partners as the 2021 Lawyer of the Year in their respective practice areas and cities: Frederick Brown – San Francisco – Trademark Law Lawyer of the Year, Jessica Brown – Denver – Employment Law – Management Lawyer of the Year, Christopher Dillon – San Jose – Corporate Law Lawyer of the Year, Baruch Fellner – Washington, D.C. – Litigation – Labor and Employment Lawyer of the Year, Stewart McDowell – San Francisco – Banking and Finance Law Lawyer of the Year, Peter Modlin – San Francisco – Litigation – Environmental Lawyer of the Year, Kenneth Parker – Orange County – Litigation – Patent Lawyer of the Year, Doug Rayburn – Dallas – Securities/Capital Markets Law Lawyer of the Year, Douglas Smith – San Francisco –

Firm News | August 20, 2020

California Supreme Court Answers Important Questions About The Bounds Of Legitimate Business Competition Under California Tort And Antitrust Law

On August 3, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on important questions about the bounds of legitimate business competition under California tort and antitrust law in Ixchel Pharma, LLC v. Biogen, Inc.

Client Alert | August 4, 2020

U.S. Department of Justice and Federal Trade Commission Finalize Vertical Merger Guidelines

On June 30, 2020, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released new Vertical Merger Guidelines, which replace the Non-Horizontal Merger Guidelines published in 1984

Client Alert | July 1, 2020

European Commission Publishes Third Amendment to the Temporary Framework: Start-Ups (and Private Equity) to Get a Piece of the State Aid Pie

On June 29, 2020, the European Commission published a Third Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.

Client Alert | June 30, 2020

Best Lawyers in Germany 2021 Recognizes 19 Gibson Dunn Attorneys

Best Lawyers in Germany 2021 has recognized 19 Gibson Dunn attorneys as leading lawyers in their respective practice areas. Frankfurt attorneys recognized include: Alexander Klein – Banking and Finance Law; Jens-Olrik Murach – Competition/Antitrust Law, and Litigation; Dirk Oberbracht – Corporate Law, Mergers and Acquisitions Law, and Private Equity Law; Wilhelm Reinhardt – Corporate Law, and Mergers and Acquisitions Law; Sebastian Schoon – Banking and Finance Law; and Finn Zeidler – Arbitration and Mediation, Criminal Defense, and Litigation.

Firm News | June 26, 2020

Rachel Brass and Dan Swanson Named Among California’s Top Antitrust Lawyers 2020

San Francisco partner Rachel Brass and Los Angeles partner Dan Swanson were named to the Daily Journal’s Top Antitrust Lawyers 2020 list, which features California’s top antitrust lawyers.

Firm News | June 24, 2020

Expiration of Federal Law Limiting Antitrust Civil Exposure Creates Uncertainty for Cartel Self-Reporting

The Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) is an essential complement to the Corporate Leniency Policy, which the Department of Justice, Antitrust Division has described as its “most important prosecutorial tool.”

Client Alert | June 24, 2020

The European Commission Publishes White Paper on Foreign Subsidies – Political Power Meets Legal Ambiguity

On June 17, 2020, the European Commission issued a White Paper asking for views on its plans for tackling foreign State subsidies that affect EU markets. If adopted, the reform will have far-reaching consequences on how non-EU owned businesses are run in the EU and how foreign entities can invest in Europe.

Client Alert | June 18, 2020

WirtschaftsWoche Ranks Gibson Dunn as a 2020 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 15, 2020

“Killer Acquisitions,” Big Tech, and Section 2: A Solution in Search of a Problem

Washington, D.C. partner Kristen Limarzi and associate Harry Phillips are the authors of "'Killer Acquisitions,' Big Tech, and Section 2: A Solution in Search of a Problem," [PDF] published by the Competition Policy International Antitrust Chronicle in May 2020.

Publications | June 11, 2020

General Court Dismantles European Commission’s Tough Approach to Mobile Mergers

On May 28, 2020, the General Court of the European Union called into serious question the tough approach taken by the European Commission in its review of mergers in the mobile communications sector. In doing so, the General Court has subjected the Commission’s analysis to an unprecedented level of scrutiny on a range of important substantive issues, rather than seeking to catch out the Commission on more procedural technicalities.

Client Alert | May 28, 2020

Gibson Dunn named among top commercial law firms in Germany

The German monthly brand eins recognized Gibson Dunn's Frankfurt and Munich offices in its special issue „Commercial Law Firms“. The firm is recommended as „Beste Wirtschaftskanzlei 2020“ (top commercial law firm) in the Compliance and Mergers & Acquisitions categories.

Firm News | May 15, 2020

Attila Borsos Named to GCR’s 40 Under 40 List

Global Competition Review has named Brussels partner Attila Borsos to its 2020 40 under 40 list, which profiles the top young antitrust lawyers in the world.

Firm News | May 12, 2020

Webcast: Pharma, Medical Device, and Biotech Antitrust Update: New Developments and What They Mean

In this webcast, a panel of Gibson Dunn lawyers discuss how to navigate new and evolving approaches to antitrust enforcement and litigation within innovative health care markets.

Webcasts | May 6, 2020

Hong Kong Competition Tribunal Provides Guidance on Cartel Fines

The Hong Kong Competition Tribunal (“Tribunal”) has issued its first decision on cartel fines in Competition Commission v W. Hing Construction Company Limited and Others (“Competition Commission v W. Hing”).

Client Alert | May 4, 2020

EU Merger Control and the Acquisition of Distressed Businesses in the Wake of COVID-19

As a result of the COVID-19 pandemic and the work-from-home restrictions throughout much of the world, the European Commission has adjusted how it deals with merger reviews.

Client Alert | April 30, 2020

Gibson Dunn Ranked in Legal 500 EMEA 2020

The Legal 500 EMEA 2020 has recommended Gibson Dunn in 19 categories in Belgium, France, Germany and UAE.

Firm News | April 30, 2020

Gibson Dunn Earns 84 Top-Tier Rankings in Chambers USA 2020

In its 2020 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 84 first-tier rankings, of which 31 were firm practice group rankings and 53 were individual lawyer rankings.

Firm News | April 24, 2020

COVID-19: Update on UK Financial Support Measures

In this client alert we summarise: (i) the announcement of details on the Coronavirus Large Business Interruption Loan Scheme (the “CLBILS”); and (ii) the announcement of a new funding scheme for innovative companies that are facing financing difficulties due to the COVID-19 pandemic (the “Innovation and Development Scheme”).

Client Alert | April 22, 2020

Takeaways from the DOJ’s ACPERA roundtable and proposed next steps

Washington, D.C. partner Scott Hammond is the author of "Takeaways from the DOJ’s ACPERA roundtable and proposed next steps," [PDF] published by Global Competition Review on April 17, 2020.

Publications | April 20, 2020

Hong Kong Competition Commission Brings Major Changes to Leniency Program

The Hong Kong Competition Commission has brought significant changes to its leniency program. In particular, (1) leniency will now be available to individuals; and (2) corporate leniency applicants will, under certain circumstances, receive additional protection from follow-on damage claims.

Client Alert | April 20, 2020

Corporate/M&A in Times of the Corona Crisis – Current Legal Developments for German Business

On March 28, 2020, the German Federal legislature’s response to the Corona crisis entered into force, introducing a varied array of far-reaching legislative measures to stabilize and support the German economy. In the sphere of corporate law, such statutory implementation measures are, in particular, contained in the Act on the Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedural Law (Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Zivil-, Insolvenz- und Strafverfahrensrecht – “COVID-19 Pandemic Mitigation Act”) and the so-called Act on the Introduction of an Economic Stabilization Fund (Wirtschaftsstabilisierungsfondsgesetz - WStFG).

Client Alert | April 14, 2020

Federal Trade Commission and Department of Justice Issue Joint Statement Regarding COVID-19 and Competition in Labor Markets

As demands for goods and services—and the workers required to meet those demands—shift during the COVID-19 pandemic, employers should carefully consider the antitrust implications of any steps they might take to adjust to changing markets.

Client Alert | April 14, 2020

UK Government Schemes to Support Businesses during COVID-19 Disruption

The UK Government has announced a series of measures to support public services, people and businesses through this period of severe - but temporary - disruption caused by COVID-19.  The Government’s measures are a mixture of tax relief, financing and support towards the cost of employees. Further clarity on the Government’s plans and practical processes for taking advantage of the support is expected to be provided as the days progress.

Client Alert | April 6, 2020

European Commission Authorisation of State Aid to Support the Economy Amid the Current COVID-19 Outbreak

As already described in Gibson Dunn's client alert of 20 March 2020, the European Commission (Commission) has announced that it will authorize the grant of State aid to the real economy for liquidity shortages and financial losses resulting from the COVID-19 outbreak in at least two ways.

Client Alert | March 27, 2020

Competitor Collaborations During COVID-19 Pandemic: Practical Antitrust Guidelines and an Update from the DOJ and FTC

Gibson Dunn lawyers provide practical guidance for companies considering competitor collaborations or discussing such plans with competitors during the COVID-19 pandemic, in compliance with antitrust and competition laws..

Client Alert | March 25, 2020

European Competition Regulators Publish Guidance on COVID-19 Enforcement Policies and UK Amends Competition Legislation

The Coronavirus crisis will undoubtedly have an impact on competition enforcement, as companies face seismic shocks to their industries in light of mass lockdowns and supply chain issues.

Client Alert | March 24, 2020

European Commission Adopts Initiatives to Support the Real Economy Amid the COVID-19 Outbreak

Gibson Dunn lawyers outline steps taken by the European Commission in mid-March 2020 to allow the use of State aid to salvage the European economy during the COVID-19 pandemic.

Client Alert | March 20, 2020

The Defense Production Act and COVID-19: What Industry Needs to Know

On March 18, 2020, President Trump announced that he was invoking the Defense Production Act (DPA) in order to allow the administration to marshal American industry to prioritize production of medical supplies and pharmaceuticals that are in short supply to fight the coronavirus pandemic.

Client Alert | March 19, 2020

U.S. Antitrust Enforcers Announce Additional Changes to Merger Review Procedures

On March 16 and 17, 2020, the U.S. Department of Justice, Antitrust Division and the Federal Trade Commission announced additional temporary changes to their civil merger investigation processes in response to COVID-19.

Client Alert | March 19, 2020

Gibson Dunn Ranked in Chambers Europe 2020

Gibson Dunn received 32 rankings in Chambers Europe 2020: 24 individual rankings and eight firm rankings. The firm was recommended in the following categories: Competition/European Law – Belgium; Corporate Investigations – Europe-wide; Corporate/M&A: High-End Capability – France; Restructuring/Insolvency – France; TMT: Information Technology – France; Compliance – Germany; Corporate/M&A: High-End Capability – Germany; Dispute Resolution: White-Collar Crime: Corporate Advisory – Germany.

Firm News | March 16, 2020

U.S. Federal Trade Commission and DG COMP Implement Changes to U.S. and EU Merger Filing Procedures in Response to COVID-19

Gibson Dunn lawyers discuss announced adjustments by antitrust and competition enforcers in the U.S. and Europe to how they will process and review reportable transactions in light of COVID-19 mandatory remote working requirements. 

Client Alert | March 16, 2020

Antitrust Implications of COVID-19 Response

As companies around the world respond to COVID-19, questions arise about whether coordinated or even unilateral efforts to deal with the virus could prompt antitrust scrutiny. Gibson Dunn lawyers address some of the most common questions regarding COVID-19 responses and antitrust laws in the United States, Europe, and China.

Client Alert | March 12, 2020

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 in Concurrences on January 23, 2020.

Publications | March 11, 2020

Gibson Dunn Wins Seven Awards at 2020 Benchmark Litigation US West Awards Ceremony

Benchmark Litigation recognized Gibson Dunn at its Benchmark US West awards ceremony with seven awards. Gibson Dunn was named the California National Firm of the Year and California Firm of the Year for both Antitrust and Labor & Employment.

Firm News | March 10, 2020

Gibson Dunn Earns 155 Rankings from Chambers Global 2020

In the 2020 edition of Chambers Global, Gibson Dunn earned 155 total rankings – 56 firm practice group rankings and 99 individual rankings. The firm and its lawyers were recognized globally and in the Asia-Pacific, Europe, Latin America and Middle East regions, with additional recognitions in Belgium, China, France, Germany, India, Indonesia, the Philippines, Singapore, the United Arab Emirates, the United Kingdom and the United States.

Firm News | March 5, 2020

Webcast: Antitrust Update on No-Poach and Non-Compete Agreement Enforcement

In this webcast, Gibson Dunn lawyers discuss global antitrust enforcement activity focused on employers’ use of no-poach and non-compete agreements.

Webcasts | February 27, 2020

Sustainability Priorities and Competition Law Policies – A Meeting of Minds

Brussels partner Peter Alexiadis and of counsel Alejandro Guerrero are the authors of "Sustainability Priorities and Competition Law Policies - A Meeting of Minds," [PDF] published in Our World magazine in February 2020.

Publications | February 25, 2020

Richard Parker Named Litigator of the Week

The Am Law Litigation Daily named Washington, D.C. partner Richard Parker as a Litigator of the Week for successfully persuading a federal judge to approve the $26 billion T-Mobile and Sprint merger.

Firm News | February 14, 2020

Clampdown on mergers could make Britain less competitive

London partner Ali Nikpay is the author of "Clampdown on mergers could make Britain less competitive" [PDF] published by The Telegraph on February 14, 2020.

Publications | February 14, 2020

Research & Development – Beware of the Long Reach of the UK Competition and Markets Authority’s Jurisdictional Arm

Gibson Dunn lawyers provide an overview of the recent UK Competition and Markets Authority (CMA) case examining Roche Holdings, Inc.'s acquisition of Spark Therapeutics, Inc., and note the implications for transactions in innovative markets, particularly pharmaceuticals. Gibson Dunn acted for Spark in the matter.

Client Alert | February 12, 2020

Antitrust in China – 2019 Year in Review

Gibson Dunn lawyers highlight the most significant legislative, regulatory and litigation-related antitrust developments from 2019 and discuss what to expect for 2020.

Client Alert | February 10, 2020