McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsPrivate Actions in Competition Law: UK Government Consultation
By McDermott Will & Emery on Apr 25, 2012
Posted In EC Developments, Monopolization/Abuse of Dominance
by Philipp Werner, David Henry and Andrea Hamilton On April 24, 2012, the UK government took a significant step towards private antitrust actions by publishing a consultation document on how best to encourage private sector challenges to anticompetitive behavior. This consultation must be seen in the broader context of efforts to develop private antitrust enforcement...
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China Law Alert: Focus on Competition – March 2012
By McDermott Will & Emery on Mar 26, 2012
Posted In Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld, Alex An, Brian Fu and Angel Wang McDermott Will & Emery has released the latest China Law Alert: Focus on Competition, which provides insight on current issues surrounding cross-border antitrust and transactional issues. China’s New Merger Control Regime Makes Major Progress in Its First Three Years It is now...
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Tax Deductibility of Antitrust Fines In the EU
By McDermott Will & Emery on Mar 22, 2012
Posted In EC Developments
by Philipp Werner If companies are fined for antitrust infringements, the question arises whether the fines are tax-deductible. Given the high amounts of fines imposed by the European Commission and the competition authorities of European Union (EU) Member States, the importance of the question is obvious. In several EU Member States such as the Netherlands,...
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Italy’s Competition Chair Confirms That ad hoc Compliance Programs Will Continue to be Considered as a Mitigating Factor
By McDermott Will & Emery on Mar 7, 2012
Posted In Italian Developments
by Veronica Pinotti and Martino Sforza On March 6, 2012, the members of the Italian Antitrust Association met with the new Chair of the Italian Competition Authority (ICA), Giovanni Pitruzzella. During the meeting, Pitruzella stated that ad hoc qualitative compliance programs will continue to be considered as an effective mitigating factor, confirming the ICA’s attitude...
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China Imposes Largest Fine So Far on a Cartel Ringleader
By McDermott Will & Emery on Feb 29, 2012
Posted In Cartel Enforcement, Chinese Developments, Monopolization/Abuse of Dominance
by Henry L.T. Chen, Frank Schoneveld and Brian Fu China’s National Development and Reform Committee recently imposed the largest fine ever on a sodium hydrosulphite manufacturer for price fixing and other anticompetitive activities. To read the full article, click here.
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FERC Reaffirms Merger Policy; Does Not Adopt DOJ/FTC 2010 Horizontal Merger Guidelines
By McDermott Will & Emery on Feb 27, 2012
Posted In DOJ Developments, Energy/Commodities, FTC Developments, Mergers & Acquisitions
by Jon Dubrow and Cerissa Cafasso Public utilities could face different levels of scrutiny in merger reviews before the U.S. Federal Energy Regulatory Commission, and the Department of Justice and the Federal Trade Commission (the Antitrust Agencies). To view the full article, please click here.
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China’s MOFCOM to Review Merger in Gas Market
By McDermott Will & Emery on Feb 23, 2012
Posted In Chinese Developments, Mergers & Acquisitions
by Henry L.T. Chen, Frank Schoneveld and Alex An Recently, ENN Energy Holdings Limited and China Petroleum & Chemical Corporation jointly announced the acquisition of all outstanding shares in China Gas Holdings Limited. This acquisition triggers a requirement to notify and obtain clearance from China’s Ministry of Commerce (MOFCOM). Therefore, MOFCOM’s approval will be one...
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German Court Protects the Confidentiality of Leniency Submissions
By McDermott Will & Emery on Feb 14, 2012
Posted In Cartel Enforcement, German Developments
by David Henry, Martina Maier and Philipp Werner In the wake of the seminal European Court of Justice (ECJ) ruling in case C-360/09 – Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 53/09), has refused to give a damages claimant access to leniency...
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FCA’s New Policy Provides Strong Incentives For Compliance Program Adoption
By McDermott Will & Emery on Feb 13, 2012
Posted In French Developments
by Lionel Lesur and Louise-Astrid Aberg Following up on our prior post, on February 10, 2012, the French Competition Authority (FCA) published the final version of its framework document on compliance programs and of its Notice relating to settlements. First, the FCA decided that the Notice of Settlement would have the legal status of a...
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CEO Fined for H-S-R Act Violation on Acquisition of Stock-Based Compensation
By McDermott Will & Emery on Jan 31, 2012
Posted In DOJ Developments, FTC Developments
by Joseph Winterscheid In December 2011, the United States Department of Justice (DOJ) announced that a public company chief executive officer (CEO) will pay a $500,000 civil penalty to settle charges that he violated Hart-Scott-Rodino Act (H-S-R Act) premerger reporting and waiting period requirements. The DOJ, acting at the request of the Federal Trade Commission,...
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