Antitrust and Competition

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FTC Publishes Revised Hart-Scott-Rodino Notification Thresholds for 2019

On February 15, 2019, the Federal Trade Commission announced its annual update of the thresholds for pre-merger notifications of M&A transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). 

Client Alert | February 19, 2019

Antitrust in China – 2018 Year in Review

Gibson Dunn highlights the most significant developments in Chinese antitrust enforcement from 2018 and notes what to expect during 2019.

Client Alert | February 11, 2019

Nine Gibson Dunn partners recognized by Who’s Who Legal Thought Leaders Competition

Nine Gibson Dunn partners were recognized by Who’s Who Legal Thought Leaders - Competition 2019. Brussels partners Peter Alexiadis and David Wood; London partner Ali Nikpay; Los Angeles partner Daniel Swanson; San Francisco partners Trey Nicoud and Gary Spratling; and Washington, D.C. partners D.

Firm News | February 7, 2019

Europe’s Highest Court Finds in Favor of UPS in Merger Review Appeal

On 16 January 2019, the European Union’s highest court, the Court of Justice, upheld the claim of United Parcel Service, Inc. (“UPS”) that the European Commission (“Commission”) had breached its rights of defense.

Client Alert | January 29, 2019

“New Year Special”: European Commission’s DG Comp Sets Out Its Stall at the OECD’s Global Competition Forum

In December 2018, the European Commission presented eight papers at the OECD Competition Forum. Gibson Dunn provides an overview of the papers' insights and guidance for the competition community.

Client Alert | January 24, 2019

Law360 Names Gibson Dunn Among Its Competition 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its six Competition Practice Groups of the Year [PDF] for 2018. The practice group was recognized for scoring important wins for clients in high-stakes antitrust litigation last year.

Firm News | January 22, 2019

Gibson Dunn Ranked in Legal 500 Asia Pacific 2019

Gibson Dunn has been recognized in 12 categories in the 2019 edition of The Legal 500 Asia Pacific. The Singapore office was ranked in the following Foreign Firms categories: Banking and Finance, Corporate and M&A, Energy and Restructuring.

Firm News | January 18, 2019

Ninth Circuit Judges Call for En Banc Review of the Federal Trade Commission’s Authority to Obtain Monetary Relief

Does Section 13(b) of the FTC Act empower the Federal Trade Commission to obtain monetary relief? A group of Gibson Dunn lawyers recently published a piece on the Washington Legal Foundation's Legal Pulse blog discussing developments at the Ninth Circuit on the question.

Article | January 15, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

2018 Year-End German Law Update

Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.

Client Alert | January 11, 2019

Landmark Judgments by General Court of the European Union Declare State Aid for Two Infrastructure Projects Illegal

In September and December 2018, Gibson Dunn attorneys won three cases before the General Court of the European Union, the latest in a series of prominent judgments setting out the compliance requirements for infrastructure projects within the EU

Client Alert | December 21, 2018

Gibson Dunn Ranked in the Legal 500 Deutschland 2019

The Legal 500 Deutschland 2019 ranked Gibson Dunn in four practice areas and named Frankfurt partner Dirk Oberbracht as Leading Lawyer in Private Equity.

Firm News | December 20, 2018

Rachel Brass and Scott Edelman Named Litigators of the Week

The Am Law Litigation Daily named San Francisco partner Rachel Brass and Century City partner Scott Edelman as “Litigators of the Week” [PDF] for successfully defending Ottogi Company, Ltd.

Firm News | December 20, 2018

The European Union’s General Court Rules (yet again!) That Margin Squeezes Are Problematic under EU Competition Rules

On December 13, 2018, in two separate but related appeals, the General Court of the European Union confirmed that the practice of margin squeezing by a dominant firm can constitute abusive behaviour, contrary to the terms of Article 102 TFEU.

Client Alert | December 13, 2018

Gibson Dunn Ranked in 2019 Chambers Asia Pacific

Gibson Dunn earned 12 firm rankings and 21 individual rankings in the 2019 edition of Chambers Asia-Pacific.

Firm News | November 29, 2018

Three Gibson Dunn partners recognized by Who’s Who Legal

Three Gibson Dunn partners were recognized by Who’s Who Legal Thought Leaders: Global Elite 2019 in their respective practice areas. Brussels partner Peter Alexiadis and Washington, D.C. partner Richard Parker were recognized in Competition, and Washington, D.C. F.

Firm News | November 21, 2018

Assistant Attorney General Makan Delrahim and FTC Chairman Joe Simons Testify on Antitrust Enforcement Before Senate Subcommittee on Antitrust

On October 3, 2018, Assistant Attorney General Makan Delrahim, head of the Justice Department's Antitrust Division, and Federal Trade Commission Chairman Joseph Simons testified before the Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights. 

Client Alert | November 6, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

Lessons from FTC’s Loss in, and Subsequent Abandonment of, DirecTV Advertising Case

The Federal Trade Commission ("FTC") is increasingly focusing on the advertising, data privacy/security, and e-commerce processes of prominent companies marketing legitimate, valuable products and services, as compared to the types of fraudsters and shams that have been a central focus of FTC attention in the past.

Client Alert | October 24, 2018

Why We Think the UK Is Heading for a “Soft Brexit”

Our discussions with politicians, civil servants, journalists and other commentators lead us to believe that the most likely outcome of the Brexit negotiations is that a deal will be agreed at the “softer” end of the spectrum, that the Conservative Government will survive and that Theresa May will remain as Prime Minister at least until a Brexit deal is agreed (although perhaps not thereafter).

Client Alert | October 10, 2018

DOJ Antitrust Head Signals Move to Shorter, Less Burdensome Merger Review

On September 25, 2018, in a speech at the 2018 Georgetown Law Global Antitrust Enforcement Symposium, Assistant Attorney General Makan Delrahim, head of the Justice Department's Antitrust Division ("DOJ"), announced his intention to significantly reduce the time needed to review proposed mergers and to reduce the burden in responding to a Request for Additional Information and Documentary Material ("Second Request") regarding proposed transactions.

Client Alert | October 1, 2018

Lexology Navigator – Cartels

​San Francisco partners Rachel Brass and Trey Nicoud and Washington, D.C. partner Cynthia Richman contributed to the USA section of "Lexology Navigator – Cartels," [PDF] published by Lexology on September 26, 2018.

Article | September 26, 2018

Merger Control: ‘Around the World in 80 Days: Management of the Merger Review Process of Global Deals’

Brussels partner Peter Alexiadis and associate Elsa Sependa are the authors of "Merger Control: ‘Around the World in 80 Days: Management of the Merger Review Process of Global Deals’" [PDF] originally published in Business Law International, Vol19 No3, September 2018, and is reproduced by kind permission of the International Bar Association, London, UK.

Article | September 25, 2018

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 e-Competitions Special Issue Utilities & Cartels, Art.

Article | September 6, 2018

The Politics of Brexit for those Outside the UK

Following the widely reported Cabinet meeting at Chequers, the Prime Minister's country residence, on Friday 6 June 2018, the UK Government has now published its "White Paper" setting out its negotiating position with the EU.

Client Alert | July 12, 2018

Who’s Who Legal Recognizes 24 Gibson Dunn Attorneys

24 Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Competition 2018, 20 attorneys were recognized for their work.

Firm News | July 9, 2018

Supreme Court Finds Failure to Prove a Sherman Act Section 1 Violation in Credit Card Market

On June 25, 2018, the Supreme Court of the United States assuaged the concerns of many that antitrust enforcement would hobble new and creative ways of conducting business, particularly businesses that have relied on technology to bring consumers and sellers together by offering a "platform" that creates a highly convenient way for them to interact and consummate sales.

Client Alert | July 5, 2018

Gibson Dunn Named Competition Team of the Year at The Lawyer Awards 2018

At its annual awards, The Lawyer named Gibson Dunn as the winner in the Competition Team of the Year category. The firm was recognized for its work for ICOMP as a complainant in Google’s abuse of dominance case brought by the European Commission.

Firm News | June 26, 2018

Supreme Court Raises The Bar For Antitrust Plaintiffs Challenging Two-Sided Platforms

Ohio v. American Express Co., No. 16-1454 Decided June 25, 2018 The Supreme Court held 5-4 that plaintiffs challenging American Express (“Amex”) credit-card rules for merchants did not prove an antitrust violation because their evidence focused on only one side of the relevant market (the effect of Amex’s rules on merchants) while ignoring the other side (the effect on cardholders).

Client Alert | June 25, 2018

Immunity, Sanctions & Settlements 2018 – Spain

Brussels associate Pablo Figueroa is the author of "Immunity, Sanctions & Settlements 2018 – Spain” [PDF] originally published on June 7, 2018 by Global Competition Review Know-How.

Article | June 7, 2018

Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.

Firm News | May 25, 2018

Information Exchange 2018 – European Union

Brussels partner David Wood and associate Madeleine Healy are the authors of "Information Exchange 2018 - European Union," [PDF] published in Global Competition Review.

Article | May 1, 2018

Are Disgorgement’s Days Numbered? Kokesh v. SEC May Foreshadow Curtailment of the FTC’s Authority to Obtain Monetary Relief

Dallas partner M. Sean Royall, Denver partner Richard Cunningham and Dallas associate Ashley Rogers are the authors of "Are Disgorgement’s Days Numbered?

Article | April 6, 2018

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

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

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

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

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

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

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

The Polish Court of Appeal confirms that resale price maintenance in franchise agreements violates competition law

Brussels associate Jan Przerwa is the author of "The Polish Court of Appeal confirms that resale price maintenance in franchise agreements violates competition law" published by Concurrences in January 2018.

Article | January 10, 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

Examining actions for damages claims based on the state aid rules – Part 1, 2 & 3

Brussels partner David Wood and of counsel Lena Sandberg are the co-authors of "Examining actions for damages claims based on the state aid rules – Part 1,2 & 3,” originally published as a three-part series in Competition Law Insight, Volume 16 Issues 10-12 (October, November and December 2017) © Informa UK 2017.

Article | December 1, 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

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

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

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