On 14 May 2020, the German Parliament adopted temporary amendments to the Act against Restraints of Competition (ARC) to mitigate consequences resulting from COVID-19 in the field of competition law. See BT-Drucksache 19/18963. In order to enable the Federal Cartel Office (FCO) to continue investigating mergers and their impact on the market concerned under the … Continue Reading
With COVID-19 sweeping across the globe, competition law authorities and legislative bodies across the world are having to act quickly and flexibly to minimise disruption while ensuring business compliance and consumer protection. In our recent client alert, we take a look at how COVID-19 is shaping the competition landscape from a multi-jurisdictional perspective, honing in … Continue Reading
On March 5, 2020, contact lens distributor 1-800 Contacts presented arguments to the U.S. Court of Appeals for the Second Circuit appealing to overturn judgment for alleged antitrust violations relating to agreements with competitors on advertising keywords. Reed Smith attorneys have been following this case closely for years and have provided insights on its developments. … Continue Reading
On February 5, 2020, Assistant Attorney General Makan Delrahim spoke at the Media Institute on the current merger review landscape (see Makan Delrahim, “Getting Better: Progress and Remaining Challenges in Merger Review”). While he celebrated an administrative success, he also forewarned of a formidable obstacle to effective agency enforcement. Delrahim remarked that since the Antitrust … Continue Reading
ICAP’s successful appeal against the EU Commission’s €14.96 million fine for facilitating banks in influencing the LIBOR/TIBOR rates is hugely significant and signals a significant set back for the EU competition authority. The case was complicated and unusual from the start, the European Court of Justice clarified the level of detail required in a decision … Continue Reading
On 19 June 2019, our Paris office organized a client seminar on the topic: “Insight into competition and regulatory authorities’ investigations in France”. Our Paris competition partners Natasha Tardif and Marc Lévy spoke alongside in-house counsel Amandine Jacquemot, senior legal advisor at EDF, before a fully packed room composed of Paris contacts and clients. Natasha … Continue Reading
The recently proposed Sainsbury’s/Asda merger would have combined the second- and third-largest UK supermarkets. The merger would also have created the largest retailer of fuel by volume in the UK. The UK Competition and Markets Authority (CMA) decided to step in and concluded that the prohibition of the merger was the only way to go. Most … Continue Reading
California Governor Gavin Newsom recently signed an Executive Order to allow state agencies to join together and negotiate the purchase of prescription drugs. This measure could significantly reduce the cost of drugs and therefore will most certainly impact pharmaceutical manufacturers, managed care companies, pharmacies and other industry participants, as well as prescription drug consumers. For … Continue Reading
Antitrust enforcement may be becoming an increasingly politicized issue, however, most policies are fairly consistent from administration to administration and, consequently, from one Attorney General to the next. Replacing Attorney General Matthew Whitaker, William P. Barr was recently appointed by the Senate to serve as Attorney General. Having previously served as Attorney General under President … Continue Reading
Recently, the DOJ has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements, in which companies agree not to hire or solicit each other’s employees. Interestingly, in February of this year, the DOJ filed Statements of Interest in several civil antitrust cases brought against franchisors, taking the position that … Continue Reading
The EU Commission, the Competition and Markets Authority (CMA) or other sector regulators with competition powers may conduct unannounced onsite inspections of businesses if they suspect a breach of competition law through anti-competitive activity or conduct. These surprise inspections, often dubbed ‘dawn raids’, are employed to gather evidence in relation to suspected cartels. Such raids are … Continue Reading
