Features

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

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

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

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

A Q&A with Rachael Kent

UK-based academic Rachael Kent filed a class action claim against Apple in May 2021, seeking £1.5 billion in damages on behalf of an estimated 19.6 million consumers who allegedly overpaid for their applications due to the company’s apparently anticompetitive practices on its App Store. Kent spoke to GCR about why the claim was a no-brainer and why she was unwilling to wait for agencies to conclude their own investigations into Apple before launching the proposed class action.

04 March 2022

Rod Sims: the exit interview

After an unprecedented three terms at the helm of the Australian Competition and Consumer Commission, Rod Sims will pass the torch next month to Gina Cass-Gottlieb. In an interview with GCR, Sims looked back at the enormous progress his agency has made in the past 11 years, including taking on challenging cases, pushing for legislative reforms and becoming a global leader in the debate about digital platforms.

25 February 2022

Green innovation needs competition to perform

Ruben Maximiano, a senior competition expert at the Organisation for Economic Co-operation and Development, explores the importance of competition in shifting the world toward a greener future and why the legal and policy focus may need to move from short-run price effects to longer-term analyses.

22 February 2022

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