Interviews and Analysis

Tim Wu: the exit interview

Tim Wu stepped down as President Biden’s primary antitrust advisor earlier this month after two years in the role. The Columbia Law School professor spoke to GCR USA about the “plague” of non-competes, why technology-focused antitrust legislation failed to reach the finish line during his tenure and how the White House took on a bigger role in competition policy while maintaining the independence of the US antitrust agencies.

24 January 2023

A Q&A with Stefan Hunt

The UK’s Competition and Markets Authority established a dedicated data analytics unit in 2018, tapping Stefan Hunt to build the team from scratch. Ahead of starting a new role at Keystone Strategy on Tuesday, Hunt spoke to GCR about the challenges of growing the CMA’s 50-strong data group, its role in some of the agency’s most important probes and how the sophisticated technology his team built is changing enforcement.

23 January 2023

A year of the UK’s NSIA

In effect since last January, the UK’s National Security and Investment Act has overhauled the country’s foreign investment control rules. Arnold & Porter partner John Schmidt and counsel Ludovica Pizzetti shed light on an opaque regime that has already caused five deals to be blocked and another nine to be remedied in its first year.

23 January 2023

Kathleen Foote: the exit interview

Kathleen Foote recently stepped down after two decades as California’s top antitrust enforcer. In a conversation with GCR USA, she discussed highlights of her 35-plus years of service for the Golden State – in which she helped cement the independence of state attorneys general and develop the Cartwright Act – and busted some misconceptions about state enforcement.

12 January 2023

How Big Tech could change the UK financial services sector

Big Tech is uniquely placed to introduce welcome competition to the financial services sector, disrupting incumbents and benefitting consumers across the financial ecosystem. Yet, linked to concerns about tipping effects in digital markets, regulators worry about the potential for these companies to rapidly scale up and potentially exploit market power. Linklaters partner Jonathan Ford and senior associate Simon Treacy explore the UK financial regulator’s initial thoughts on the convergence.

21 December 2022

A Q&A with Sarah Cardell

The UK’s Competition and Markets Authority plans to publish draft sustainability cooperation guidance “early next year”, its interim head has said while discussing with GCR how the agency can better help in the cost of living crisis.

15 December 2022

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

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