-
Sep 10, 2024 | 
lexology.com | Bill Batchelor |James Fredricks
Click here to listen to the audioAntitrust/competition partners Bill Batchelor and James Fredericks take our “Fierce Competition” listeners through an in-depth look at everything clients need to know about cartels in the U.S., EU and U.K. While much has stayed the same in the world of cartels, there are many new considerations that now need to be addressed and considered, such as AI, algorithms and outsourcing.
-
Sep 9, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review transactions based on a referral by national competition authorities in the EU pursuant to Article 22 of the EU Merger Regulation (EUMR).
-
Aug 11, 2024 | 
concurrences.com | Bill Batchelor |Ryan Junck |David Simon |Nicola Kerr-Shaw
SummaryIn Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following framing: Broad reach of EU extraterritorial investigative powers: The order interprets the European Commission’s (EC’s) investigative powers broadly. EU law applies to conduct with significant effects in the EU, even if the conduct occurs outside the EU. Consequent...
-
Aug 11, 2024 | 
concurrences.com | Bill Batchelor |Ryan Junck |David Simon |Nicola Kerr-Shaw
SummaryIn Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following framing: Broad reach of EU extraterritorial investigative powers: The order interprets the European Commission’s (EC’s) investigative powers broadly. EU law applies to conduct with significant effects in the EU, even if the conduct occurs outside the EU. Consequent...
-
Jul 29, 2024 | 
lexology.com | Bill Batchelor |Karen M. Lent |Vikram Pandit
Click here to listen to the audioIn the latest episode of our “Fierce Competition” podcast, Skadden attorneys Bill Batchelor, Karen Lent and Vikram Pandit highlight differences — and similarities — in the handling of recent antitrust issues related to organized sports in the EU, U.K. and U.S.In the United States, United Kingdom and the European Union, sports leagues — from soccer to golf to ice skating — are testing the boundaries of antitrust and competition laws.
-
Jun 24, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
Key PointsAs a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should consider: Ensuring their compliance tools reflect the risks of wage-fixing and no-poach agreements. Refraining from agreements and information exchanges on wages, compensation or benefits.
-
May 29, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes.
-
May 29, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms. The CMA can designate companies with "Strategic Market Status" (SMS) if: their turnover exceeds certain thresholds, their digital activity is linked to the UK, and they have substantial and entrenched market power and a position of strategic significance.
-
May 24, 2024 | 
jdsupra.com | Bill Batchelor |James Fredricks |Aurora Luoma
The UK High Court has reversed a CAT decision and confirmed the threshold for the CMA’s use of dawn raid powers of employees’ homes. The CMA has signalled greater use of domestic raids given the prevalence of people working from home. The new “seize and sift” powers to take wholesale digital records and devices from domestic premises will soon become law.
-
May 23, 2024 | 
concurrences.com | Niels Baeten |Bill Batchelor |Frederic Depoortere |Aurora Luoma
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes. Key amendments include:Merger control: New filing thresholds “for killer acquisitions” of nascent busi...
