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


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