On 31 May 2022, Skadden, Compass Lexecon and Concurrences convened for a fireside chat to discuss developments in merger control and digital markets, followed by a panel discussion on a range of issues, including the...more
In a webinar held on March 25, 2021, Skadden antitrust/competition partners Kenneth Schwartz and Ingrid Vandenborre joined Charles River Associates vice presidents Andrew Dick and Oliver Latham to discuss the important role...more
December 31, 2020, is the last day of the Brexit transition period under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland From the European Union and the European Atomic Energy...more
10/6/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
EU ,
Exhaustion Doctrine ,
Free Trade Agreements ,
Intellectual Property Litigation ,
Merger Controls ,
Mergers ,
State Aid ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more
2/13/2020
/ Abuse of Dominance ,
Acquisitions ,
Antitrust Investigations ,
Cartels ,
Condition Precedent ,
Corporate Counsel ,
EU ,
European Commission ,
Exclusive Jurisdiction ,
Jurisdiction ,
Long Arm Statute ,
Merger Reviews ,
Mergers ,
One-Stop Shop ,
Parallel Proceedings ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Appeals ,
Arbitration Awards ,
Attorney General ,
Backstop Agreements ,
BEPS ,
BitLicense ,
Blockchain ,
Board of Directors ,
Bonds ,
Capital Markets ,
CFIUS ,
CFTC ,
Chapter 11 ,
Claim Preclusion ,
Class Action ,
Commercial Bankruptcy ,
Common Stock ,
Congressional Investigations & Hearings ,
Congressional Subpoenas ,
Consumer Financial Protection Bureau (CFPB) ,
Cooperation Agreement ,
Copyright ,
Corporate Governance ,
Corporate Restructuring ,
Corporate Social Responsibility ,
Corporate Taxes ,
Corwin Doctrine ,
Covenant Lite Deals ,
Creditors ,
Cross-Border Transactions ,
DACA ,
DE Supreme Court ,
Debt Financing ,
Debtors ,
Department of Justice (DOJ) ,
Dischargeable Debts ,
Disgorgement ,
Disparate Impact ,
Dodd-Frank ,
Down Rounds ,
Drug Pricing ,
EBITDA ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
Enterprise Act 2002 ,
Environmental Social & Governance (ESG) ,
EU ,
Fair Housing Act (FHA) ,
Federal Trade Commission (FTC) ,
FinTech ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Foreign Issuers ,
FRCP 23 ,
General Data Protection Regulation (GDPR) ,
General Elections ,
GILTI tax ,
High-Yield Markets ,
Hong Kong ,
Hong Kong Stock Exchange ,
Individual Accountability ,
Initial Public Offering (IPO) ,
Intellectual Property Litigation ,
Intercreditor Agreements ,
International Arbitration ,
International Litigation ,
IRS ,
Issue Preclusion ,
Japan ,
Joint Venture ,
Legislative Agendas ,
Life Sciences ,
Listing Rules ,
Litigation Strategies ,
Make-Whole Premium ,
Mergers ,
MFW ,
Multinationals ,
National Security ,
PCAOB ,
Pharmaceutical Industry ,
Political Parties ,
Preferred Shares ,
Private Offerings ,
Privately Held Corporations ,
Proxy Advisory Firms ,
Publicly-Traded Companies ,
Refinancing ,
Regulatory Agenda ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Separation of Powers ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Split of Authority ,
State Labor Laws ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act ,
Tax Litigation ,
Technology Sector ,
Third-Party Release Agrements ,
Transparency ,
UK ,
UK Brexit ,
Valuation ,
White Collar Crimes
In September, Georgetown University Law Center hosted its 13th Annual Global Antitrust Enforcement Symposium and Fordham University School of Law hosted its 46th Annual International Antitrust Law and Policy Conference. Each...more
10/15/2019
/ Antitrust Investigations ,
Antitrust Violations ,
Ascertainable Class ,
Big Tech ,
Binding Arbitration ,
Class Action ,
Digital Currency ,
Federal Trade Commission (FTC) ,
FRCP 23 ,
Innovative Technology ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Public Policy ,
Unbundling
Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently co-hosted the ninth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar...more
3/5/2019
/ Acquisitions ,
Antitrust Investigations ,
Artificial Intelligence ,
AT&T ,
Bid Rigging ,
Cartels ,
Cloud Computing ,
Collusion ,
Competition ,
Consumer Protection Laws ,
Data Privacy ,
Department of Justice (DOJ) ,
Digital Marketplace ,
EU ,
Federal Trade Commission (FTC) ,
FRAND ,
Innovation ,
Merger Controls ,
Mergers ,
Monopolization ,
No-Poaching ,
Online Platforms ,
Qualcomm ,
Reputational Injury ,
Social Media ,
Technology Sector ,
Time Warner ,
Vertical Mergers
As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more
10/18/2018
/ Anti-Competitive ,
Antitrust Injuries ,
Antitrust Investigations ,
Condition Precedent ,
EU ,
European Commission ,
European Merger Control Regulation ,
Infringement ,
Jurisdiction ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Private Right of Action ,
Statute of Limitations ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
On September 25, 2018, Georgetown University Law Center hosted the 12th Annual Global Antitrust Enforcement Symposium. The event, which was co-sponsored by Skadden, featured keynote addresses from leaders of competition...more
10/9/2018
/ Antitrust Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Innovation ,
Mergers ,
Symposium ,
Technology Sector ,
Trump Administration
The European Commission (EC or the Commission) announced on July 24, 2018, that it has imposed a total fine of €111 million on four consumer electronics manufacturers — Asus, Denon & Marantz, Philips and Pioneer — for...more
7/26/2018
/ Antitrust Investigations ,
Antitrust Violations ,
Electronics ,
Enforcement Actions ,
European Commission ,
Fines ,
Internet Retailers ,
Manufacturers ,
Price-Fixing ,
Raids ,
Resale Pricing
Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more
1/24/2018
/ Antitrust Investigations ,
Antitrust Violations ,
AT&T ,
Burden of Proof ,
Competition ,
Corporate Branding ,
Department of Justice (DOJ) ,
Dow Chemical ,
DuPont ,
European Commission ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Illegal Tying Arranegements ,
Innovation ,
IP License ,
Judicial Review ,
Life Sciences ,
LinkedIn ,
Merger Controls ,
Mergers ,
Microsoft ,
Multinationals ,
Qualcomm ,
Research and Development ,
Sales & Distribution Agreements ,
Tech Industry ,
Time Warner ,
Trump Administration ,
Vertical Mergers
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more
11/29/2017
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Violations ,
Commitment Decisions ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Judicial Discretion ,
Oil & Gas ,
Supply Contracts ,
Treaty on the Functioning of the European Union (TFEU) ,
Void and Unenforceable
On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax....more
10/31/2017
/ Anti-Avoidance ,
Antitrust Investigations ,
Business Income ,
Controlled Foreign Corporations ,
Corporate Taxes ,
EU ,
European Commission ,
Financing ,
Foreign Subsidiaries ,
Multinationals ,
State Aid ,
Statutory Requirements ,
Tax Exemptions ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit
The question of how "big data" should be treated in merger control and antitrust enforcement was a key issue for the European Commission and national regulators in European Union member states in 2016, with competition...more
2/1/2017
/ Antitrust Investigations ,
Big Data ,
Competition ,
Competition Authorities ,
Data Protection ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
European Commission ,
Facebook ,
Federal Cartel Offices ,
France ,
French Competition Authority ,
Germany ,
Mergers ,
Privacy Concerns ,
UK ,
UK Competition and Markets Authority (CMA)
On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more
5/19/2016
/ Acquisitions ,
Antitrust Investigations ,
Big Data ,
Competition Authorities ,
EU ,
Exclusivity Clauses ,
Federal Cartel Office (the FCO) ,
French Competition Authority ,
Mergers ,
Popular ,
Tying ,
UK Competition and Markets Authority (CMA)
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks.
The FCO appears to...more
3/11/2016
/ Abuse of Dominance ,
Antitrust Investigations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
EU Data Protection Laws ,
Facebook ,
Federal Cartel Office (the FCO) ,
Germany ,
Personal Data ,
Popular ,
Social Networks
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter...more
E-commerce is at the top of the European Commission’s agenda, and recent developments suggest it will remain a priority. Several European Union member states have already taken an active interest in the issue.
...more
Developments in the past year are likely to affect nonmerger antitrust enforcement in the European Union in 2015 and beyond. In addition to merger enforcement, antitrust activity in 2014 provided a number of interesting...more
With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners...more
1/28/2015
/ Antitrust Division ,
Antitrust Investigations ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Government Investigations ,
International Harmonization ,
Investigations ,
Multinationals ,
Strategic Enforcement Plan
U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more
1/30/2014
/ Anticompetitive Agreements ,
Antitrust Conspiracies ,
Antitrust Investigations ,
Antitrust Litigation ,
Class Action ,
Comcast v. Behrend ,
Conspiracies ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
FRAND ,
FTC v Actavis ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
SCOTUS ,
Standard Essential Patents