Analysis

Post-pandemic antitrust – what to expect and what to do

Hogan Lovells’ Global Cartel Investigations Group sketches out its views on likely trends in post-pandemic antitrust that are expected to shape antitrust enforcement in the coming years and what this means for companies. This is based on the group's expertise and trend-spotting efforts, distilled into key topics which translate to six capabilities companies around the globe should leverage to successfully navigate the post-pandemic world of antitrust.

02 July 2021

India’s MMT interim order: timely intervention or unfair intrusion?

India’s competition authority issued an interim order against booking platform MakeMyTrip in early March, forcing it to immediately relist two budget hotel chains it removed as part of an alleged anticompetitive agreement with one of their rivals. Ahead of a keenly anticipated final decision, Khaitan & Co partner Anisha Chand and principal associate Swati Bala examine the implications of that rarely used interim order and how the case will affect the assessment of relevant markets, market power and market access in the digital economy.

04 June 2021

An interview with Kazuyuki Furuya

Kazuyuki Furuya took over as chair of Japan’s Fair Trade Commission in September 2020. He spoke to GCR about the agency’s focus on digital platforms, its review of Google’s acquisition of Fitbit despite the deal falling below reporting thresholds and the importance of international cooperation in tackling modern antitrust problems.

24 May 2021

The Jeld-Wen legacy

The US Court of Appeals for the Fourth Circuit recently issued a ground-breaking decision in the litigation between doormakers Jeld-Wen and Steves and Son, confirming a divestiture order in a private merger dispute for the first time. Winston & Strawn partners Susannah Torpey and Neely Agin explore how the ruling might be used by private plaintiffs to challenge allegedly anticompetitive deals in technology markets, while also highlighting some of the drawbacks to bringing these novel claims.

24 March 2021

Exclusive: Penrose reflects on competition proposals

In an exclusive commentary for GCR, John Penrose MP discusses his review of the UK’s competition regime and explains why his report published today recommends that the country’s antitrust authority take on a bigger public role.

16 February 2021

A Q&A with Christopher Vajda QC

Christopher Vajda QC stepped down from his role as a judge at the European Court of Justice following the UK’s withdrawal from the European Union on 31 January 2020. He returned to Monckton Chambers in October, where he began his legal career. Janith Aranze spoke to Vajda about streamlining the General Court’s procedures, the UK’s approach to digital markets and whether further guidance is needed at an EU-level on competition-related SEP matters.

29 January 2021

German reforms usher in new era of antitrust enforcement

Lawmakers in Germany have passed far-reaching reforms to the nation’s competition laws, which give its antitrust enforcer sweeping new powers to challenge the behaviour of the major digital platforms. Janith Aranze and Emily Craig spoke to local competition lawyers about the significance and severity of the new law and how it will interact with proposed EU rules for regulating digital gatekeepers.

22 January 2021

An interview with Martijn Snoep

The Netherlands Authority for Consumers and Markets published new guidelines in July 2020 detailing how pro-environmental initiatives – such as agreements among competitors to reduce emissions – could be exempted from cartel rules. The authority’s chair Martijn Snoep spoke to Emily Craig about taking the lead on sustainability and competition, the risk of a fragmented EU approach and whether the agency’s guidelines should have gone further.

17 December 2020

Warming to sustainability

As the European Commission and several other national enforcers examine what role they should play in helping businesses to achieve sustainability goals, Charley Connor explores what conclusions have already been reached and asks if competition policy can – and should – help foster such initiatives.

17 December 2020

Brent Snyder: the GCR exit interview

Brent Snyder stepped down as the chief executive of Hong Kong’s Competition Commission on 28 November after more than three years in the role. He sat down with Charles McConnell just days before departing the agency to discuss the precedent set during his tenure and the challenges in bringing abuse of dominance cases under a criminal standard of proof.

11 December 2020

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