McDermott Will & Emery
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By McDermott Will & Emery on Feb 12, 2021
Posted In Consumer Protection/Privacy
All companies—big and small—are collecting a tsunami of data. The US Department of Justice (DOJ) has now challenged corporate America to harness and analyze that data to improve corporate compliance programs by going beyond the risk profile of what has happened to better understanding the risk profile of what is happening. But where to begin?...
By McDermott Will & Emery on Sep 17, 2020
Posted In Brussels Developments, EC Developments, EU Developments, Mergers & Acquisitions
Under current EU merger control rules, whether a concentration has to be notified to the European Commission (“Commission”) depends, among other things, on the level of revenue generated by the parties worldwide and in the European Union. A key question that has sparked considerable debate in recent years is whether the current merger control thresholds...
By Christian Krohs, Max Küttner and McDermott Will & Emery on Mar 26, 2020
Posted In Brussels Developments, EU Developments, Monopolization/Abuse of Dominance
Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to large-scale population confinement in several countries. Significant over- or under-capacity can create incentives, or even the necessity,...
By McDermott Will & Emery, David L. Hanselman, Jr. and Nicole Castle on Oct 31, 2019
Posted In Private Litigation
Developments in antitrust class actions over the past year highlight the critical role that the certification decision plays. In the United States, the denial of class certification “may sound the ‘death knell’ of the litigation on the part of plaintiffs.” To obtain class certification, plaintiffs must satisfy the four requirements in Rule 23(a) of the...
THE LATEST: Hollywood Writers Guild and Talent Agencies Entangled in Labor/Antitrust Lawsuits and Countersuits
By Michelle Lowery and McDermott Will & Emery on Oct 14, 2019
Posted In Private Litigation
A Hollywood union’s recent amendments to its union rules has sparked federal antitrust lawsuits by talent agencies. The Writers Guild of America (WGA), a labor union and the exclusive collective bargaining representative for writers in the entertainment industry, recently instituted new rules that prohibit its members from dealing with talent agencies that do not adopt...
By Louise Aberg and McDermott Will & Emery on Jun 13, 2019
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments
2019 MID-YEAR UPDATE The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for surplus government equipment and insulation installation contracts. The Antitrust Division also released its Spring 2019 Division Update, which notes that the Division “is preparing...
Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
By Joel R. Grosberg, Jon B. Dubrow, David Henry, Anthony S. Ferrara and McDermott Will & Emery on May 15, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for...
By McDermott Will & Emery on Apr 25, 2019
Posted In Consumer Protection/Privacy, FTC Developments
The tenth of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century focused on competition and consumer protection issues in US broadband markets. The panelists addressed developments in US broadband markets, technology, and law since the FTC staff’s 2007 Broadband Connectivity Competition Policy report and the FTC staff’s 1996 Competition Policy in the...
Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations
By Noah Feldman Greene, Joel R. Grosberg, Jon B. Dubrow, David Henry, Carina Kant and McDermott Will & Emery on Mar 11, 2019
Posted In DOJ Developments, EC Developments, FTC Developments, German Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Antitrust regulators in the United States and Europe were very active in the final quarter of 2018 closing a large number of cases requiring in-depth investigations. In the United States, regulators continue their focus on the potential need to update their methods of reviewing high-tech transactions with public hearings on the future of antitrust enforcement....
By McDermott Will & Emery and Louise Aberg on Feb 28, 2019
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, Joint Ventures/Competitor Collaboration
Q4 UPDATE: OVERVIEW OF CARTEL INVESTIGATIONS Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust enforcement. DOJ’s criminal and civil fines in 2018 ended around $400 million—well short of the billion-dollar plus highs in 2014 and 2015, during...