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Blog o’ Blogs February

By  |  August 15, 2017

Our look back at January’s activity brings us a view of a world in transition, with national regulators shoring up their powers and gearing up for what looks to some like a post-new year turn towards introspection and protectionist impulses. Get up to date with these developing tendencies!

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017.
Jacques Derenne, Curtis Dombek, Oliver Heinisch, Robert Klotz, Isabelle Rahman, Wim Vandenberghe, Reid Whitten and Yaniss Aiche , (Antitrust Law Blog)
Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell networks.
Jamison Davies and Robert P. LoBue (Antitrust Update)
Just as the European Commission was finalising its merger review of the Microsoft/LinkedIn deal, Verizon notified on 17 November its proposed acquisition of Yahoo.
Pablo Ibanez Colomo (Chilling Competition)
Doggone?: the ascent (and potential decline) of pet M&A
Due to the ubiquitous status of pets in North America, it is likely that most would expect the industry built around pets to be quite a profitable space for business.
Eliza Dinale (Deal Law Wire)
In my new Canadian Lawyer column today, I discuss the whistleblower provisions of the Competition Act and ask whether rewarding whistleblowers would help keep procurement markets competitive in light of increased infrastructure spending. Below is an excerpt with a link to the full column.
(Canadian Lawyer)
The Act on Combating Unfair Use of Contractual Advantage in Trading in Agricultural and Food Products (the “Act”) will enter into force in the mid-2017. The objective of the Act is to eliminate unfair trade practices between purchasers and producers (suppliers) of agricultural food products at every stage of the supply chain. The new legislation…
Aleksander Stawicki (Kluwer Competition)
Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?
Manufacturers of container board and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1 of the Sherman Act.
Amy N. Vegari, Ph.D. & Jonathan H. Hatch (Antitrust Update)
Competition Commission of India Announces First Leniency in Cartel Case
Yesterday, on 19 January 2017, the Competition Commission of India (CCI) published the first order involving leniency in a cartel case, heralding a much awaited and welcome chapter in its cartel enforcement regime.
Robert Connolly (Cartel Capers)
Irish Merger Control 2016: A Year-in-Review
Are perceptions of increased pushback in Brussels and Washington on international combinations reflected in Irish enforcement?  What change (if any) does new management at the Irish agency herald, how did Ireland’s most controversial deal of the year fare in Brussels, and what important change might a remedies settlement in August 2016 signal?
Philip Andrews (Kluwer Competition)
Frequently Asked Questions About the Amnesty Program—Major Changes in the Antitrust Division’s January 2017 Update
In the past, the Antitrust Division has used its “Frequently Asked Questions” piece to announce significant changes in the Amnesty Program. In  November 2008, for example, they made mandatory an explicit admission of criminal wrongdoing. Before then, the applicant need only have reported “possible” criminal activity.
James L. McGinnis (Antitrust Law blog)
Company Directors Beware – the CMA’s Disqualification Order
Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part of a series of CMA short and simple guides on competition law and is relevant to all directors whose companies fall within the scope of EU or UK competition law.
Oliver Heinisch (Sheppard Mullin Antitrust)
Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach
President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her leadership will employ a lighter touch with regard to enforcement and regulatory actions.
Kathrina Szymborski and Jonathan H. Hatch (Antitrust Update)