McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTHE LATEST: Another E-Commerce Retailer Pleads Guilty in DOJ Investigation of Online Promotional Products Industry
By McDermott Will & Emery on Aug 25, 2017
Posted In DOJ Developments
On August 14, 2017, we reported on an online retailer’s guilty plea for conspiring to fix the prices of “customized promotional products” such as silicone wristbands and lanyards, and the ongoing US Department of Justice (DOJ) investigation into the online promotional products industry. On August 22, 2017, DOJ announced two more guilty pleas in the...
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THE LATEST: Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media
By McDermott Will & Emery on Aug 14, 2017
Posted In DOJ Developments, Uncategorized
Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead guilty for conspiring to fix the prices of “customized promotional products” such as silicone wristbands...
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Antitrust M&A Snapshot: April – June 2017 Update
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Aug 3, 2017
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related to M&A,...
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THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington Doctrine and the Implied Labor Exemption
By McDermott Will & Emery on Jul 28, 2017
Posted In Monopolization/Abuse of Dominance, Private Litigation
On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA). ILWU is a labor union that represents many...
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Second Circuit Clarifies Fifth Amendment Law, with Implications for US Prosecution of International Cartels
By McDermott Will & Emery on Jul 27, 2017
Posted In Cartel Enforcement, DOJ Developments, EU Developments
On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank Offered Rate (LIBOR). United States v. Allen, No. 16-898-cr, Slip Op. at 3 (2d Cir. July 19, 2017). The ruling was based on the Fifth Amendment...
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THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information
By McDermott Will & Emery on May 19, 2017
Posted In Consumer Protection/Privacy, EU Developments, Mergers & Acquisitions
The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable information during the Commission’s merger control review process. An intentional or negligent failure to do so will lead to draconian fines—even where the provision of incorrect...
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European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions
By McDermott Will & Emery on May 16, 2017
Posted In EC Developments, Mergers & Acquisitions
On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “BIG DATA” CONCERNS ANALYSED AND DISMISSED The acquisition of LinkedIn’s “data” was one of the most anticipated issues in the case. Following Facebook/WhatsApp and Google/Doubleclick, Competition Commissioner Vestager highlighted the...
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THE LATEST: Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
By McDermott Will & Emery and Jon B. Dubrow on May 4, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for merging parties to develop new, innovative products in the future. This is the latest in a string of cases which show that when the antitrust regulators...
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THE LATEST: Entanglements and Concentrated Markets Require Divestiture in the Dairy Industry
By McDermott Will & Emery and Mary Strimel on Apr 13, 2017
Posted In Agriculture, DOJ Developments, Mergers & Acquisitions
On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion. WhiteWave is the leading manufacturer of fluid organic milk in the United States and one of the top purchasers of raw organic milk. Danone is the leading US manufacturer of organic yogurt (Stonyfield). Nearly 90 percent of...
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European Commission Launches New Cartel Reporting Tool, Member States Laud the Role of Whistleblowers
By McDermott Will & Emery on Apr 4, 2017
Posted In Cartel Enforcement, EC Developments, EU Developments
European Commissioner of Competition Margrethe Vestager made news when she announced that the European Commission had launched a new IT system enabling individuals to anonymously report cartel activity. In parallel, several EU Member States have–in recent weeks–highlighted the role of individual informants in their own enforcement efforts. Taken together, these developments show that the stakes...
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