Emily Townsend
Subscribe to Emily Townsend's PostsHow to Watch Your EU Deals from an Antitrust Perspective
By Emily Townsend on Jun 30, 2011
Posted In EC Developments, Mergers & Acquisitions
by Veronica Pinotti, Riccardo Franceschi and Martino Sforza Compliance with EU and national antitrust merger control rules can significantly impact the feasibility, timing and costs of M&A transactions. Parties to a proposed transaction in the EU should assess the merger control issues early in the process and evaluate and comply with any procedural antitrust requirements...
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German Antitrust Regulator Steps Up the Fight Against Gun-Jumping
By Emily Townsend on Jun 30, 2011
Posted In German Developments, Mergers & Acquisitions
by Martina Maier and Philipp Werner More than 100 countries worldwide have merger control regimes. In the majority of these regimes, including the U.S., EU and most EU Member States, parties to a transaction may not close a deal without approval from the competition antitrust regulator. An infringement of this obligation, or "gun-jumping", carries risks...
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Interplay Between Antitrust and Criminal Law in Europe
By Emily Townsend on Jun 24, 2011
Posted In Cartel Enforcement, EC Developments, German Developments
by Veronica Pinotti and Martino Sforza In Europe, the interplay between antitrust and criminal law at the national level may vary significantly by jurisdiction. Some European Union member states, such as the United Kingdom, Ireland, and Romania, have criminalized competition law. Other jurisdictions, such as Germany and Italy, do not envisage criminal penalties for anticompetitive...
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FTC Hosts Workshop on Preventing Patent “Hold-Ups” in Standard-Setting
By Emily Townsend on Jun 23, 2011
Posted In FTC Developments, IP Antitrust
by Stefan M. Meisner and James B. Camden The FTC recently hosted a workshop on preventing patent “hold-ups” in standard-setting. Panelists addressed and evaluated the three main tools currently used by SSOs to prevent patent hold-ups: patent disclosure rules, ex ante disclosure of licensing terms by patent holders, and RAND commitments. The FTC has yet...
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DOJ Releases New Merger Remedy Guide
By Emily Townsend on Jun 20, 2011
Posted In DOJ Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Joel R. Grosberg and Megan Morley The DOJ has released an updated merger remedies guide that provides an overview on how the DOJ Antitrust Division staff will analyze proposed remedies in merger matters. The revised guide places an increased emphasis on behavioral or conduct remedies to address issues raised by vertical transactions. To view...
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China’s MOFCOM Gets Tough on Merger Control?
By Emily Townsend on Jun 20, 2011
Posted In Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
by Henry L.T. Chen and Frank Schoneveld There is considerable speculation in China that many large transactions that should have been notified for clearance by China’s Ministry of Commerce (MOFCOM) have not been properly notified, and Chinese government is going to go after the concerned concentrating parties. Recently, the speculation came into being and all...
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Top EU Court Rules That Companies May Have Access to Leniency Statements Submitted to National Competition Authorities
By Emily Townsend on Jun 16, 2011
Posted In Cartel Enforcement, EC Developments, German Developments
by Martina Maier, Philipp Werner and David Henry The European Court of Justice (ECJ) ruling of 14 June 2011 followed a case that originated in Germany. Pfleiderer, a firm in the wood industry, was considering a damages claim against members of a paper cartel. It sought access to the cartel files held by the German...
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China Seeks Comments on New Evaluating Competitive Influence Rules
By Emily Townsend on Jun 9, 2011
Posted In Chinese Developments, Mergers & Acquisitions
by Henry L.T. Chen and Frank Schoneveld To evaluate the competitive impact of an anti-monopoly review on the market of mergers and acquisitions (or concentration) and to guide business operators when filing notification of a concentration, the Ministry of Commerce of China has introduced Interim Measures on Evaluating Competitive Influence Caused by the Concentration of...
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FTC Publishes Comments to FERC Notice of Inquiry Regarding 2010 Horizontal Merger Guidelines
By Emily Townsend on Jun 8, 2011
Posted In Mergers & Acquisitions
by Jon B. Dubrow and Carrie G. Amezcua On Tuesday the FTC published its comments to FERC’s Notice of Inquiry (NOI), in which FERC had asked for comments on whether, (and if so, how), it should revise its approach for examining market power concerns arising from horizontal mergers to reflect the revised 2010 Horizontal Merger...
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German Regulator Steps Up Enforcement of Merger Standstill Obligation
By Emily Townsend on May 17, 2011
Posted In EC Developments, German Developments, Mergers & Acquisitions
by Martina Maier and Philipp Werner The majority of merger control regimes around the world impose standstill or waiting period requirements for notifiable transactions, e.g. the US, the EU and most EU Member States. If a transaction meets the filing thresholds, it must be notified to the competent antitrust regulator and must not be closed...
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