Competition & antitrust
August 2022 | SPECIAL REPORT: COMPETITION & ANTITRUST
Financier Worldwide Magazine
August 2022 Issue
Q&A: Competition law and sustainability
Competition authorities can complement regulation by ensuring that antitrust does not curtail cooperative agreements that will allow sustainability goals to be achieved more quickly. FW discusses competition law and sustainability with Nadine Watson, Soledad Pereiras and Frédéric Palomino at Compass Lexecon.
Criminal enforcement of labour market antitrust violations: assessing the DOJ’s record
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates Since late 2020, the DOJ has obtained grand jury indictments in a series of no-poach and wage fixing cases around the country, and this past April the first two cases went to trial.
Enhanced antitrust enforcement extends to scrutiny of interlocking directorates
Gibson, Dunn & Crutcher In outlining its enforcement priorities, the federal government has recently expressed renewed interest in section 8 of the Clayton Act, an oft-overlooked (or ignored) statute which prohibits interlocking directorates.
The turning of the tide in price fixing class actions?
Cassels Brock & Blackwell There are signs that the tide may be turning in favour of a more balanced, less plaintiff-friendly, approach to certification in Canada. Three decisions suggest that Canadian courts are now more willing to take a somewhat harder look at pleadings and evidence at the certification stage
Leap before you look: significant amendments to Canada’s Competition Act
McCarthy Tétrault LLP The new criminal provisions for wage fixing and no-poach agreements will come into force 12 months after enactment, in June 2023. At least this moratorium provides a welcome pause in which businesses operating in Canada can review their employment practices.
Limitation periods in cartel follow-on damages claims
Latham & Watkins A recent judgment provides affirmation of the application of the worthwhile claim test to competition damages claims.
UK merger control: learnings from Meta’s prohibited acquisition of Giphy
Gowling WLG The case brings to the fore a number of significant trends in the context of UK merger control, including the CMA’s approach to enforcement action in relation to procedural breaches; and its assessment of dynamic competition between merger parties.
FDI regulation tightens in France
Clifford Chance While in principle open to foreign investment, the French government has, in recent years, applied and strengthened the French Foreign Investment Regime.
Belgian Competition Authority priorities: what to expect in the coming year
CMS Belgium The end of the pandemic, the arrival of a new competition prosecutor general and additional financial resources should herald a new era for the BCA.
Reaching milestones: ASEAN competition law developments in 2022
Drew & Napier LLC With all 10 ASEAN member states having competition laws in place, what remains to be seen is how ASEAN will deal with the differences in the legal frameworks and procedures of its member states.
Q&A: Antitrust due diligence in M&A
Sellers and buyers need to understand that a merger investigation can expose them to unrelated civil or criminal antitrust investigations and prosecutions, as well as costly private litigation. FW discusses antitrust due diligence in M&A with David Cardwell at Baker Botts LLP and Ilana Kattan at Hogan Lovells LLP.
CONTRIBUTORS
Baker Botts LLP
Cassels Brock & Blackwell
Clifford Chance
CMS Belgium
Compass Lexecon
Drew & Napier LLC
Gibson, Dunn & Crutcher
Gowling WLG
Hogan Lovells LLP
Latham & Watkins
McCarthy Tétrault LLP
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates