Subscribe to Andrea Hamilton's Posts
Andrea L. Hamilton draws on experience from both sides of the Atlantic and focuses her practice on EU and international merger control investigations as well as non-merger conduct investigations and antitrust litigation. She regularly represents clients before the European Commission, European courts and national competition authorities and also coordinates global investigations. Read Andrea Hamilton's full bio.
By Andrea Hamilton and Caroline Ruiz Palmer 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, Andrea Hamilton and Max Küttner 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 Philip Bentley, Jacques Buhart, David Henry and Andrea Hamilton on Mar 23, 2020
Posted In EC Developments, EU Developments, Mergers & Acquisitions
In the midst of the ongoing global effort to mitigate the effects of COVID-19, the Directorate-General for Competition (DG Competition) of the European Commission (EC) and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at the same time seeking to ensure that the EU economy remains as...
European Court of Justice Provides Guidance on Scope of the Standstill Obligation Enshrined in the EU Merger Regulation
By Caroline Ruiz Palmer, Andrea Hamilton and David Henry on Jun 7, 2018
Posted In EU Developments, Mergers & Acquisitions
Pursuant to the EU merger control rules, a transaction that falls within the purview of the EU Merger Regulation (EUMR) must be notified to the European Commission (Commission) in advance (Article 4(1) EUMR), and must not be implemented until cleared by the Commission, known as the “standstill” obligation (Article 7 EUMR). A principal rationale behind...
By Jon B. Dubrow, Andrea Hamilton, McDermott Will & Emery and Joel R. Grosberg on Jan 30, 2018
Posted In DOJ Developments, EC Developments, FTC Developments, Mergers & Acquisitions
At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s lawsuit against the vertical AT&T/Time Warner transaction, the first vertical merger litigation in decades. Below are some of the recent...
THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information
By Andrea Hamilton and David Henry 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...
By Andrea Hamilton 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...
European Commission Launches New Cartel Reporting Tool, Member States Laud the Role of Whistleblowers
By Andrea Hamilton 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...
By Gregory E. Heltzer, Andrea Hamilton and Jon B. Dubrow on Feb 17, 2017
Posted In FTC Developments, Mergers & Acquisitions
Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the reviewing agency may decide to launch an in-depth investigation and request additional information from the merging parties, known as a “Second Request,” which can take several...
By Philip Bentley, Martino Sforza, Matthieu Adam, Louise Aberg, Jacques Buhart, David Henry, Dr. Boris Uphoff and Andrea Hamilton on Jan 22, 2016
Posted In EU Developments
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand recent developments, this booklet is a great reference when dealing with complex issues of EU competition law. Read the...