1. CONTENTIEUX -
NOUVEAU RISQUE DE REMISE EN CAUSE À POSTERIORI D’OPÉRATIONS NON NOTIFIABLES -
Par une décision du 2 mai 2024, l’Autorité de la concurrence (ci-après l’ « Autorité ») a fait pour la première fois...more
10/28/2024
/ Acquisitions ,
Competition ,
Competition Authorities ,
EU ,
France ,
French Competition Authority ,
Healthcare ,
International Litigation ,
Investigations ,
Medical Devices ,
Member State ,
Mergers ,
Pharmaceutical Industry ,
Sanctions ,
Supply Chain
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more
11/22/2023
/ Acquisitions ,
Capital Markets ,
Competition ,
Corporate Governance ,
Corruption ,
Court of Justice of the European Union (CJEU) ,
Cross-Border ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
Regulatory Reform
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
European Commission adopts the final version of the much-anticipated Research & Development Block Exemption Regulation and Specialisation Block Exemption Regulation, as well as the Horizontal Guidelines....more
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union -
On April 20, 2023, the EU Commission (Commission) adopted and published a...more
In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business.
The purpose of this Review is to provide legal counsel and their teams easy...more
1/31/2023
/ Abuse of Dominance ,
Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EUMR ,
European Commission ,
European Economic Area (EEA) ,
General Court of the European Union (GCEU) ,
Mergers ,
National Competent Authorities (NCA) ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU)
1. LITIGATION CUMULATIVE ADMINISTRATIVE SANCTIONS AGAINST THE SAME PARTY FOR SIMULTANEOUS BREACHES ARE CONSTITUTIONALLY PERMISSIBLE -
In a judgment dated June 23, 2022, the Paris Administrative Court fully upheld the...more
NON-RESPECT D’ENGAGEMENTS DEVANT L’ADLC : UN SIGNAL FORT DE LA COUR D’APPEL DE PARIS -
Faisant suite à la décision n°20-D-07 du 7 avril 2020 de l’Autorité de la concurrence (« ADLC ») condamnant le GIE PMU à une amende de...more
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more
1/7/2021
/ Acquisitions ,
Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
FRAND ,
Global Market ,
Intellectual Property Protection ,
International Data Transfers ,
Investors ,
Japan ,
Mergers ,
Patent Portfolios ,
US Trade Policies ,
Webinars ,
White Collar Crimes
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more
9/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Customers ,
Deadlines ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
Remote Depositions ,
Remote Hearings ,
Settlement Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Videoconference
United States -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made...more
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more
2/3/2020
/ Abuse of Dominance ,
Automotive Industry ,
BMW ,
Cable Television Providers ,
Cartels ,
Competition ,
Corporate Fines ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Honda ,
MasterCard ,
Mergers ,
New Legislation ,
Regulatory Requirements ,
Restrictive Covenants ,
Safety Standards ,
State Aid ,
Takata ,
Toyota ,
Treaty on the Functioning of the European Union (TFEU) ,
Visa Inc ,
Volkswagen
The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the...more
2/7/2019
/ Competition Authorities ,
Corporate Counsel ,
EU ,
European Commission ,
European Merger Control Regulation ,
Merger Controls ,
Mergers ,
Popular ,
Railways ,
Trains ,
Transportation Industry
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making -
More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
4/27/2018
/ Acquisitions ,
Affiliates ,
CNIL ,
Cross-Border ,
Data Protection ,
Due Diligence ,
EU ,
Gun-Jumping ,
Health Care Providers ,
Joint Venture ,
Mergers
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making -
More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
4/27/2018
/ Acquisitions ,
Affiliates ,
CNIL ,
Cross-Border ,
Data Protection ,
Due Diligence ,
EU ,
Gun-Jumping ,
Health Care Providers ,
Joint Venture ,
Mergers
Recent Enforcement Trends in Divestiture Packages -
The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more
8/9/2016
/ Acquisitions ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Divestiture ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Joint Venture ,
Mergers ,
Premerger Notifications ,
Price Discrimination