David Henry
Subscribe to David Henry's PostsDavid Henry is a practising UK barrister, whose practice focuses on European competition law, including merger control, cartels and abuse of dominance, and the interaction between antitrust and intellectual property. He represents companies and trade associations in the aluminium, air transport, car parts, chemicals, electronics, medical devices, pharmaceuticals, power generation, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white-collar crime. Read David Henry's full bio.
COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures
By Philip Bentley, Jacques Buhart, David Henry, Andrea Hamilton and Wilko van Weert 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...
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Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?
By David Henry and Jacques Buhart on Nov 7, 2019
Posted In EC Developments, Monopolization/Abuse of Dominance
The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its prima facie abusive conduct with almost immediate effect. This is the first time in 18 years that the...
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EU Competition Commissioner Vestager Nominated for a Second Term – a Tale of Two Hats
By David Henry on Sep 12, 2019
Posted In EC Developments, EU Developments, IP Antitrust, Monopolization/Abuse of Dominance
What Happened: On 10 September 2019, European Commission President-elect Ursula von der Leyen nominated Margrethe Vestager as Competition Commissioner for a second consecutive term. As part of a structural shake-up of the Commission, involving the institution of eight Vice-Presidents, three of whom will be “Executive Vice Presidents”, she will additionally serve as “Executive Vice President...
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Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
By McDermott Will & Emery, Anthony S. Ferrara, David Henry, Jon B. Dubrow and Joel R. Grosberg 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...
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Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations
By McDermott Will & Emery, Carina Kant, David Henry, Jon B. Dubrow, Joel R. Grosberg and Noah Feldman Greene 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....
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Bigger Is Better. . .Or Maybe Not: The Siemens/Alstom Railway Merger
By David Henry and Jacques Buhart on Feb 11, 2019
Posted In EC Developments, Mergers & Acquisitions
The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the Siemens/Alstom railway merger done, Competition Commissioner Vestager has forcefully reiterated that the substantive test under the EU Merger Regulation remains exclusively...
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Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action
By Dr. Boris Uphoff, David Henry, Jacques Buhart, Jacob Grierson and Nisrin Abelin on Nov 13, 2018
Posted In Cartel Enforcement, EU Developments
The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed based on Art. 102 TFEU (i.e., for abuse of a dominant position). This contrasts with the ECJ’s position in follow-on cartel damages claims (under...
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Antitrust M&A Snapshot
By McDermott Will & Emery, David Henry, Jon B. Dubrow and Joel R. Grosberg on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...
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Antitrust M&A Snapshot
By McDermott Will & Emery, David Henry, Jon B. Dubrow and Joel R. Grosberg on Aug 6, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
United States: April – June 2018 Update The second quarter of 2018 ushered in a trial defeat for the US Department of Justice (DOJ) and the beginning of a new era at the Federal Trade Commission (FTC). In June, Judge Richard J. Leon of the US District Court for the District of Columbia denied the...
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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[1] EUMR). A principal rationale behind...
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