On March 3, 2020, the American Bar Association (ABA) hosted a Q&A with two members of the Procurement Collusion Strike Force (PCSF)—Mark Grundvig, the Assistant Chief of the DOJ Antitrust Division’s Criminal II section, and Marcus Mills, Special Agent, Major
Antitrust Alert
A Global Resource for Compliance Officers & Legal Advisors
Antitrust Alert, published by McDermott Will & Emery, focuses on developments and issues in antitrust law and competition policy. The blog covers topics such as antitrust compliance, enforcement actions by government agencies, merger and acquisition scrutiny, noncompete agreements, healthcare transactions, and competitor collaborations. It also addresses regulatory trends, litigation strategies, and policy advocacy related to antitrust matters. The content is aimed at helping businesses and legal professionals understand risks, regulatory expectations, and practical steps to manage antitrust concerns across various industries.
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EU Commission Issues Another Fine for Restrictions on Cross-Border Licensed Merchandise Sales
By Wilko van Weert & Mai Muto
The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be…
Aerospace and Defense Series: DOJ and FTC Vertical Merger Guidelines Will Impact Government Contractors
Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense contractors involved in M&A transactions. Vertical competition…
Antitrust M&A Snapshot | FTC and DOJ Continue M&A Transaction Investigation While UK CMA Continues Role as Key Jurisdiction in Merger Clearance Process
Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter highlight the importance…
Anticompetitive Conduct in Biologics – An Enforcement Priority with FTC and FDA
Today the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) released joint guidance concerning competition for biologics, including biosimilars. The joint guidance seeks to enhance competition for biologics and reduce manufacturers’ use of false or misleading statements…
Annual European Competition Review 2019
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were also many interesting cases decided by the General Court and…
FTC Considers Taking on Non-Competes in the Workplace Through Rulemaking
The Federal Trade Commission (FTC) is considering a rulemaking to address the use of non-compete provisions in employment contracts. On January 9, 2020, the FTC held a day-long workshop to start a public conversation on whether it should use its…
Notification Threshold Under the Hart-Scott-Rodino Act Increased to $94 Million
The US Federal Trade Commission today announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act.
Notification Threshold Adjustments
The US…
Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share
Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for fairness to class members.…
FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a body-worn camera competitor, from Safariland. The FTC also challenged non-compete…