Welcome to the 2019 Shearman & Sterling Antitrust Annual Report.
Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more
7/24/2019
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Litigation ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
Criminal Liability ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Digital Media ,
Enforcement Actions ,
EU ,
Extraterritoriality Rules ,
Federal Trade Commission (FTC) ,
FinTech ,
Hiring & Firing ,
Leniency Programs ,
Merger Controls ,
Mergers ,
No-Poaching ,
Recruitment Policies ,
State Aid ,
Trump Administration ,
UK Brexit
U.S. DEVELOPMENTS -
SEC and NYSE/Nasdaq Developments -
SEC Proposes to Expand “Testing the Waters” Exemption to Permit Pre-Offering Communications -
On 19 February 2019, the Securities and Exchange Commission...more
6/24/2019
/ Climate Change ,
Commission Delegated Regulation ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Dodd-Frank ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Foreign Corrupt Practices Act (FCPA) ,
Green Bonds ,
Greenhouse Gas Emissions ,
IOSCO ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
UK ,
UK Brexit
The January 2019 FCPA Digest is an invaluable compendium of all FCPA-related developments in 2018, including US foreign bribery proceedings and criminal prosecutions, DOJ foreign bribery civil actions, SEC actions, DOJ...more
1/3/2019
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Kokesh v SEC ,
Serious Fraud Office (SFO) ,
Settlement ,
Subsidiaries ,
UK ,
White Collar Crimes ,
Yates Memorandum
Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more
While structural remedies remain the primary remedy of choice, and virtually the only option in the case of horizontal mergers, under the Obama Administration and with respect to vertical mergers, the agencies increasingly...more
The EU and U.S. competition authorities have been and remain active in enforcing gun-jumping cases, while in recent years other competition authorities across the world, including in China, have also become increasingly...more
4/12/2018
/ Acquisitions ,
Antitrust Violations ,
China ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Mergers ,
MOFCOM
Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more
1/4/2017
/ AstraZeneca ,
Bribery ,
Compliance ,
Corporate Counsel ,
Declination ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
GlaxoSmithKline ,
Internal Controls ,
JPMorgan Chase ,
Novartis ,
Nu Skin ,
Odebrecht ,
Popular ,
Qualcomm ,
Securities and Exchange Commission (SEC) ,
Teva Pharmaceuticals ,
Voluntary Disclosure ,
Whistleblowers ,
Yates Memorandum
In this newsletter, we provide a snapshot of the principal US, European and selected international governance and securities law developments of interest to Asian corporates and financial institutions.
...more
10/19/2015
/ AIM ,
Capital Markets ,
Corporate Governance ,
Department of Justice (DOJ) ,
Digital Single Market ,
Enforcement Actions ,
EU ,
Executive Compensation ,
Financial Conduct Authority (FCA) ,
Israel ,
Limited Partnerships ,
London Stock Exchange ,
Market Manipulation ,
MiFID II ,
Nasdaq ,
NYSE ,
Private Equity ,
Regulation Technical Standards (RTS) ,
Securities and Exchange Commission (SEC) ,
Shareholder Rights ,
Transparency ,
UK
In this issue:
- HKEx Publishes Consultation Conclusions on Weighted Voting Rights
- Corporate Governance Reforms in Japan
- SEC and NYSE/Nasdaq Developments
- Sanctions Round-Up
- Noteworthy US...more
7/20/2015
/ Asia ,
China ,
Conflict Mineral Rules ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Securities and Markets Authority (ESMA) ,
Executive Compensation ,
Financial Reporting ,
Proxy Advisors ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
UK ,
Voting Rights
In this issue:
- Financial Reporting: Commission Delegated Regulations on Equivalence of Certain Third Country National GAAPs to IFRS
- Proxy Advisers: ESMA Consultation on Best Practise Principles for Voting...more
7/15/2015
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Investment Funds ,
Annual Reports ,
Conflict Mineral Rules ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Securities and Markets Authority (ESMA) ,
Executive Compensation ,
Financial Markets ,
Financial Reporting ,
Japan ,
Money Laundering ,
New Guidance ,
Proxy Advisors ,
Regulatory Standards ,
Related Parties ,
Securities ,
Securities and Exchange Commission (SEC) ,
Small Business
Recent enforcement actions by the Department of Justice and Securities and Exchange Commission have raised the profile of corruption in international sport and highlight unique FCPA compliance concerns. This note will explain...more
6/15/2015
/ BHP Billiton ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Football ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Match Fixing ,
Olympics ,
Popular ,
Securities and Exchange Commission (SEC) ,
Soccer ,
Sports ,
World Cup
In this issue:
- SEC Developments
- Noteworthy US Securities Law Litigation
- Recent SEC/DOJ Enforcement Matters
- Executive Compensation & Employee Benefits Developments
- Adoption of...more
In this issue:
- Adoption of Action Plan on Company Law and Corporate Governance
- European Commission Green Paper: Building a Capital Markets Union
- European Commission Publishes Consultation Paper on...more
4/21/2015
/ Capital Markets ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Enforcement Actions ,
EU ,
European Commission ,
Germany ,
Prospectus ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Stock Corporations
In this issue:
- Japan Releases Exposure Draft of New Corporate Governance Code
- Launch of Shanghai-Hong Kong Stock Connect
- SEC and NYSE Developments
- Noteworthy US Securities Law Litigation...more
1/29/2015
/ Bureau of Industry and Security (BIS) ,
Compensation & Benefits ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Directive ,
European Securities and Markets Authority (ESMA) ,
Executive Compensation ,
Financial Markets ,
Hong Kong Stock Exchange ,
Japan ,
NYSE ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Shanghai Stock Exchange ,
UK
In this issue:
- Asia DEVELOPMENT
- HKEx Releases Concept Paper on Weighted Voting Rights
- US DEVELOPMENTS
- SEC Developments
- Noteworthy US Securities Law Litigation
- Recent...more
10/16/2014
/ Asia ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
EU ,
European Merger Control Regulation ,
European Securities and Markets Authority (ESMA) ,
Financial Regulatory Reform ,
HKEx ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Voting Rights
In this issue:
- ASIAN DEVELOPMENTS
- HKEx Publishes Revised Connected Transaction Rules
- US DEVELOPMENTS
- SEC Developments
- PCAOB Adopts Auditing Standard and Amendments
-...more
7/16/2014
/ Asia ,
Audits ,
Corporate Social Responsibility ,
Department of Justice (DOJ) ,
Employee Benefits ,
Enforcement ,
Enforcement Actions ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
HKEx ,
MiFID ,
Over The Counter Derivatives (OTC) ,
PCAOB ,
Securities and Exchange Commission (SEC) ,
UK
In this issue:
- EU Developments
- German Developments
- UK Developments
- Us Developments
- Excerpt from EU Developments -
European Commission Proposes to Introduce Shareholder "Say...more
4/11/2014
/ Anti-Corruption ,
Audits ,
Capital Markets ,
Chadbourne & Parke LLP v Troice ,
Conflict Mineral Rules ,
Corporate Governance ,
Corporate Sales Transactions ,
Cybersecurity ,
DaimlerAG ,
Department of Justice (DOJ) ,
Diversity ,
Employee Benefits ,
Financing ,
Foreign Corrupt Practices Act (FCPA) ,
Halliburton ,
Information Technology ,
Institutional Shareholder Services (ISS) ,
Iran Sanctions ,
Limited Liability Company (LLC) ,
Office of Foreign Assets Control (OFAC) ,
Prospectus ,
Proxies ,
Public Disclosure ,
Say-on-Pay ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Shareholders ,
Ukraine ,
WKSIs
With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the US Department of Justice has won a major victory in its effort to prosecute and deter...more
In this issue:
- ASIAN DEVELOPMENTS
- HKEx publishes Amended Listing Rules to Complement the New IPO Sponsor Regime
- US DEVELOPMENTS
- SEC Developments
- Noteworthy US Securities Law...more
10/22/2013
/ Corporate Governance ,
Department of Justice (DOJ) ,
EMIR ,
Enforcement Actions ,
Equivalency Determinations ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Initial Public Offering (IPO) ,
IPO Sponsors ,
PCAOB ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Short Sales ,
Swap Clearing
In this issue:
ASIAN DEVELOPMENTS -
- HKEx Launches Consultation on Reform of Connected Transaction Rules
US DEVELOPMENTS -
- SEC Developments
- Noteworthy US Securities Law...more
7/16/2013
/ China ,
Department of Justice (DOJ) ,
EMIR ,
Employee Benefits ,
Employer Mandates ,
Enforcement Actions ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Litigation
Last Friday, Bill Baer, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that the Division will no longer publicly name the executives excluded from immunity granted in corporate cartel...more