Analysis

The wait is over: DOJ resurrects Section 2 criminal charges

US antitrust lawyers will remember Halloween 2022 as the day that criminal enforcement of Section 2 of the Sherman Act was resurrected. Norton Rose Fulbright partner Carsten Reichel describes how the Department of Justice Division secured a “near-perfect storm” of facts in its first criminal monopolisation case in nearly a half-century and explores the obstacles the agency faces if it cannot secure a guilty plea.

02 November 2022

A Q&A with Kathy O’Neill

Kathy O’Neill shaped countless high-profile merger challenges during her 15-plus years with the Department of Justice. The Antitrust Division’s former director of investigations and litigation spoke to GCR USA about pursuing less traditional theories of harm, navigating leadership with differing ideologies and her recent move to Cooley.

11 October 2022

Hybrid dawn raids: How the future of work is impacting cartel investigations today

Just as the workplace has entered a new era, so too have the global rules and processes around dawn raids. Employees are now working from anywhere, storing data on personal devices and communicating across numerous chat, collaboration and video conferencing tools. FTI Consulting senior managing director Ashley Brickles examines how competition authorities across the world have been quick to pivot their dawn raid techniques to align with the modern data landscape.

07 October 2022

The winding path of Illumina/Grail

The European Commission’s decision to prohibit Illumina’s already-completed acquisition of Grail brought an end to the administrative stage of a legal saga that has attracted interest beyond competition law specialists. Norton Rose Fulbright partner Miranda Cole examines the case’s highly-debated implications for the EU merger control regime in light of both the commission’s ruling and the EU General Court’s remarks on the matter so far.

22 September 2022

Cartels by another name?

The Department of Justice has made clear that it intends to restart criminal prosecutions under Section 2 of the Sherman Act. Arnold & Porter partner Andre Geverola – a former director of criminal litigation at the Antitrust Division – explains why these charges will likely tie directly into the agency’s cartel enforcement and predicts what type of case it may bring first.

20 July 2022

An interview with Benoît Cœuré

Lawmakers confirmed Benoît Cœuré as the new head of France’s Competition Authority in January, following the sudden and unexpected departure of his predecessor, Isabelle de Silva. In an interview with GCR, Cœuré spoke about accusations of political interference, the need to build bridges with sector regulators and the importance of merger control in preventing excessive market power in digital markets.

24 June 2022

Google AdWords & third-party trademarked keywords: IP infringement or fair competition?

At the centre of the intersection between competition law and intellectual property law sits several cases related to third-party keyword bidding on Google Ads. Khaitan & Co partner Anisha Chand, senior associate Tanveer Verma and associate Satvik Mohanty set out the current landscape in India – including the divergence between the Competition Commission of India and civil courts – and lay out prospects for the future.

19 May 2022

A Q&A with Iskandar Ismail

Iskandar Ismail has been chief executive of Malaysia’s Competition Commission since October 2018. In an interview with GCR, he discussed pursuing legal reforms in response to a high-profile loss at Malaysia’s top court and prioritising a non-voluntary merger control regime as part of a suite of amendments to the country’s competition law.

08 April 2022

A Q&A with John Fingleton

John Fingleton stepped down as chief executive of what was then the UK’s Office of Fair Trading 10 years ago this summer. A decade on, the founder of Fingleton Associates reflects on why the UK’s Competition and Markets Authority is now the world’s fifth-most important antitrust enforcer, how the country’s concurrency regime falls short and why governments should consider letting merger reviews play out before investigating national security concerns.

01 April 2022

More aggressive scrutiny of life science deals – but is there a problem that needs solving?

Competition authorities on either side of the Atlantic and beyond are signalling greater scrutiny of pharmaceutical mergers, with a view to protecting innovation. Baker McKenzie attorneys Fiona Carlin, Anthony Gamble, Dan Graulich and Yana Ermak consider the justifications for this tougher approach and explore the potential chilling effect it might have.

30 March 2022

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