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.
New European Commission Guidance Acquisitions of Nascent Competitors on the Radar
By Hendrik Viaene and David Henry on Mar 31, 2021
Posted In Brussels Developments, EC Developments, EU Developments, Mergers & Acquisitions
The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded its ability to review transactions. Parties to a transaction, especially in...
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Annual European Competition Review 2020
By Philip Bentley, Jacques Buhart, Andrea Hamilton, David Henry and Hendrik Viaene on Feb 2, 2021
Posted In Brussels Developments, Cartel Enforcement, EC Developments, EU Developments, Monopolization/Abuse of Dominance
McDermott’s Annual European Competition Review summarizes significant developments in the field of European competition law. 2020 saw several important legislative and policy developments, including EC guidance on foreign direct investment, the promulgation of a temporary framework for antitrust cooperation in the context of COVID-19 and the issuance of a rare competition law comfort letter thereunder....
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Antitrust M&A Snapshot | Q3 2020
By Joshua W. Eastby and David Henry on Oct 26, 2020
Posted In Brussels Developments, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
In the United States, mergers and acquisitions appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up significantly over Q2, but still down from the mergers & acquisitions (M&A) boom we saw in Q3 and Q4 of 2019. Against the backdrop of...
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COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures
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...
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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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