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Submission: On February 16 via automatic, source certstream-suspicious — Scanned from DE
Submission: On February 16 via automatic, source certstream-suspicious — Scanned from DE
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* VISIT MWE.COM * VISIT MWE.COM * HOME * ABOUT US * ABOUT THE EDITORS * CONTACT * VISIT MWE.COM * HOME * ABOUT US * ABOUT THE EDITORS * CONTACT * VISIT MWE.COM * HOME * ABOUT US * ABOUT THE EDITORS * CONTACT * VISIT MWE.COM * HOME * ABOUT US * ABOUT THE EDITORS * CONTACT * VISIT MWE.COM ANTITRUST ALERT ANTITRUST ALERT A Global Resource for Compliance Officers & Legal Advisors * Topics * Agriculture * Brussels Developments * Cartel Enforcement * Chinese Developments * Consumer Protection/Privacy * Distribution/Franchising * DOJ Developments * EC Developments * Energy/Commodities * EU Developments * French Developments * FTC Developments * German Developments * Healthcare Antitrust * IP Antitrust * Italian Developments * Joint Ventures/Competitor Collaboration * Mergers & Acquisitions * Monopolization/Abuse of Dominance * Power Markets * Private Litigation * Uncategorized * U.S. Supreme Court Developments * Topics * Agriculture * Brussels Developments * Cartel Enforcement * Chinese Developments * Consumer Protection/Privacy * Distribution/Franchising * DOJ Developments * EC Developments * Energy/Commodities * EU Developments * French Developments * FTC Developments * German Developments * Healthcare Antitrust * IP Antitrust * Italian Developments * Joint Ventures/Competitor Collaboration * Mergers & Acquisitions * Monopolization/Abuse of Dominance * Power Markets * Private Litigation * Uncategorized * U.S. Supreme Court Developments ANTITRUST ALERT A Global Resource for Compliance Officers & Legal Advisors TREASURY RESPONDS TO BIDEN ADMINISTRATION EXECUTIVE ORDER WITH REPORT, RECOMMENDATIONS TO INCREASE ALCOHOL INDUSTRY COMPETITION By Gregory E. Heltzer and Alva Mather on Feb 16, 2022 Posted In Distribution/Franchising, DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up conduct enforcement, adopting creative and nuanced theories of harm in merger reviews and implementing new regulations to decrease the burden on smaller industry participants. Treasury’s report is based, in part, on hundreds of comments received from industry participants and paints a detailed picture of the current landscape for alcohol beverage distribution and sale across the United States. Read more here. * Follow * Follow * Follow * Follow * Follow -------------------------------------------------------------------------------- ANNUAL EUROPEAN COMPETITION REVIEW 2021 By Philip Bentley, Jacques Buhart, Hendrik Viaene, David Henry, Max Küttner, Karolien Van der Putten, Frédéric Pradelles and Mary Hecht on Feb 4, 2022 Posted In Brussels Developments, EC Developments, Energy/Commodities, EU Developments, French Developments, German Developments, Healthcare Antitrust, IP Antitrust, Italian Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy reference guidance on essential EU competition law developments covering key areas of law and policy, to help keep you up to date on the latest requirements. Inside you’ll find: Cartels and Restrictive Agreements From geo-blocking to pay-for-delay agreements and bid-rigging, find out the latest legal developments in restrictive practices. Abuse of Dominant Position Excessive pricing in the healthcare sector and a monopoly on online searches are key areas of development. Merger Control Gun-jumping remains a real focus for the European courts, with additional judgments on the provision of misleading information in merger proceedings. State Aid Transfer pricing and rules governing subsidiaries are hot topics, with the courts keeping an eye on excess profits and tax rate schemes. Legislative and Policy Developments Digital markets is the focal point of policy development in Europe, as verticals agreements also come under scrutiny. Click here to read the full Review. * Follow * Follow * Follow * Follow * Follow -------------------------------------------------------------------------------- FORMER GOVERNMENT CONTRACTOR EXECUTIVE CONVICTED OF PROCUREMENT FRAUD By Justin P. Murphy and Lisa P. Rumin on Feb 2, 2022 Posted In DOJ Developments On February 1, 2022, a federal jury found a former engineering firm executive guilty of conspiring to rig bids and defraud the North Carolina Department of Transportation (NCDOT) of hundreds of public works contracts worth more than $23 million. From at least 2009 through fall 2018, Brent Brewbaker was responsible for crafting and submitting bids to NCDOT on behalf of Contech Engineered Solutions LLC, an engineering firm that makes products used in bridge construction, water drainage and other public works projects. Read more here to learn how companies can minimize the risk that they are investigated by the Procurement Collusion Strike Force (PCSF). * Follow * Follow * Follow * Follow * Follow -------------------------------------------------------------------------------- ANTITRUST M&A SNAPSHOT | Q4 2021 By Matt Evola, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg, Lisa P. Rumin and David Henry on Feb 1, 2022 Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Mergers & Acquisitions In the United States, antitrust agencies have now filled senior leadership positions, although the Federal Trade Commission (FTC) awaits the appointment of a fifth commissioner. Challenges to mergers continue apace at both the FTC and the Department of Justice (DOJ). The agencies challenged two mergers in the fourth quarter and a third transaction was abandoned. Additionally, nine consent orders were approved. The FTC is also including prior approval provisions in consent orders across industries, requiring parties seeking to settle merger disputes to agree to provide the FTC with greater rights to reject potential future deals. The European Commission (Commission) imposed interim measures for the first time in the context of the Commission’s determination that Illumina’s acquisition of GRAIL was premature. The Commission conditionally cleared, in Phase I, Veolia’s acquisition of Suez—a transaction involving two French incumbents in the water and waste sectors—following comprehensive commitments. IAG withdrew from its proposed acquisition of Air Europa following the Commission’s decision not to approve the transaction absent further concessions. In the United Kingdom, the Competition & Markets Authority (CMA) imposed a record fine of £50.5 million on Facebook for breaching an initial enforcement order related to its acquisition of Giphy, and ultimately required Facebook to sell Giphy. The CMA also updated its merger guidance in parallel with the entry into force of the UK National Security and Investment Act, published a new template for initial enforcement orders and updated its guidance on interim measures. Access the full issue. * Follow * Follow * Follow * Follow * Follow -------------------------------------------------------------------------------- NOTIFICATION THRESHOLD UNDER THE HART-SCOTT-RODINO ACT INCREASED TO $101 MILLION By Noah Feldman Greene, Timothy (Ty) Carson and Gregory E. Heltzer on Jan 21, 2022 Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions On January 21, 2022, the US Federal Trade Commission (FTC) announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). NOTIFICATION THRESHOLD ADJUSTMENTS These increased thresholds are scheduled to be published in the Federal Register on January 24, 2022, which would make them become effective on February 23, 2022. These new thresholds apply to any transaction that closes on or after the effective date: * The base filing threshold, which frequently determines whether a transaction requires the filing of an HSR notification, will increase to $101 million. * The alternative statutory size-of-transaction test, which captures all transactions valued above a certain size (even if the “size-of-person” threshold is not met), will be adjusted to $403.9 million. * The statutory size-of-person thresholds will increase to $20.2 million and $202 million. The adjustments will affect parties contemplating HSR notifications in various ways. Transactions that meet the current “size-of-transaction” threshold (but not the adjusted $101 million threshold) will only need to be filed if they will close before the new thresholds take effect on February 23, 2022. Parties may also realize a benefit of lower notification filing fees for certain transactions. Under the rules, the acquiring person must pay a filing fee, although the parties may allocate that fee among themselves. Filing fees for HSR-reportable transactions will remain unchanged; however, the size of transactions subject to the filing fee tiers will shift upward because of the GNP-indexing adjustments: Filing Fee Size of Transaction $45,000 $101 million, but less than $202 million $125,000 $202 million, but less than $1.0098 billion $280,000 $1.0098 billion or more * Follow * Follow * Follow * Follow * Follow -------------------------------------------------------------------------------- Older Posts » Subscribe Search for: BLOG EDITORS Gregory E. Heltzer Christian Krohs Daniel Powers David Henry STAY CONNECTED * Follow * Follow * Follow * Follow * Follow * Follow Subscribe TOPICS TOPICS Select Category Agriculture Brussels Developments Cartel Enforcement Chinese Developments Consumer Protection/Privacy Distribution/Franchising DOJ Developments EC Developments Energy/Commodities EU Developments French Developments FTC Developments German Developments Healthcare Antitrust IP Antitrust Italian Developments Joint Ventures/Competitor Collaboration Mergers & Acquisitions Monopolization/Abuse of Dominance Power Markets Private Litigation U.S. Supreme Court Developments Uncategorized ARCHIVES ARCHIVES Select Month February 2022 January 2022 December 2021 November 2021 October 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 November 2020 October 2020 September 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 November 2015 October 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 September 2010 June 2010 May 2010 December 2009 November 2009 July 2009 June 2009 RECENT POSTS * Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition * Annual European Competition Review 2021 * Former Government Contractor Executive Convicted of Procurement Fraud * Antitrust M&A Snapshot | Q4 2021 * Notification Threshold Under the Hart-Scott-Rodino Act Increased to $101 Million Legal Notices | Privacy & Cookies Policy * Follow * Follow * Follow * Follow * Follow * Follow Attorney Advertising © 2022 McDermott Will & Emery Contact Us: info@mwe.com Attorney Advertising ©2020 McDermott Will & Emery We use cookies to improve the functionality and performance of this site. 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