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In the past two months, the European Commission (“Commission”) has approved a great number of national schemes for stabilizing the financial sector as well as individual recapitalization measures.

The September 17th judgment of the Court of First Instance in the Microsoft case represents a resounding victory for the Commission and a serious defeat for Microsoft. This note examines the background to the judgment, its impact on the EU competition law proceeding against Microsoft, and more generally on enforcement in Article 82 abuse of dominance cases, especially in the high tech sector.

Cross-border mergers frequently trigger pre-closing antitrust reviews.

In the days and weeks since the Federal Trade Commission amended the Telemarketing Sales Rule, 16 C.F.R. Parts 310.1-.9, adding specific provisions to govern for-profit debt relief providers (the "TSR Amendments"), there have been many discussions among industry professionals about possible exceptions, or "loopholes," to the TSR Amendments.

Last month, the Second Circuit—for the third time, no less—struck down a class arbitration waiver in American Express’ card acceptance agreement with merchants.

Newly Enacted Amendments to the New York Uniform Commercial Code

Cross-border mergers frequently trigger pre-closing antitrust reviews. Such reviews are complex and can be fraught with risk.

On 28 November 2008, the European Commission ("Commission") presented a Preliminary Report on its Pharmaceutical Sector Inquiry at a public workshop held in Brussels.

Federal law requires that mergers, acquisitions, and other transactions of a certain size be notified to the Federal Trade Commission and Department of Justice prior to consummation, pursuant to the Hart-Scott-Rodino Antitrust Improvements Act, 15 USC §18a (2001).

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001)...

On October 9, 2007, Connecticut Attorney General Richard Blumenthal filed a state law antitrust complaint against Guy Carpenter, an international reinsurance intermediary of Marsh & McLennan Companies, Inc. and Excess Reinsurance Company, for whom Guy Carpenter acts as a general manager, alleging a series of conspiracies within the reinsurance industry to fix prices and output, foreclose competitors from access to markets, and allocate markets to eliminate competition for the purpose o

In a first for the Department of Justice ("DOJ") Antitrust Division, the Division entered into a Deferred Prosecution Agreement ("DPA") with a financial institution for its involvement in an alleged LIBOR-rate manipulation scheme.

Since 1993, the U.S. Department of Justice Antitrust Division’s Corporate Leniency Program has been instrumental in the Antitrust Division’s crusade against antitrust violators.

The certification requirement was the most highly-anticipated aspect of the Final Rule and differs from the Proposed Rule in two material respects.

Mergers, acquisitions, joint ventures, and other forms of investment by foreign persons in the United States continue to increase in the current global economy.

On April 23, 2024, the Federal Trade Commission ("FTC"), by a 3-2 vote, approved and issued a Final Rule, set to become effective 120 days after it is published in the Federal Register...

The third quarter of 2026 witnessed a strategic shift in antitrust enforcement, with authorities increasingly favoring behavioral remedies and negotiated settlements over structural breakups. From Google's ad-tech case to algorithmic pricing litigation and California's expansion of monopolization laws, enforcement agencies demonstrated new approaches to regulating dominant firms while courts grappled with defining the boundaries between lawful competition and anticompetitive coordination in technology marke

On 12 November 2013, the European Securities and Markets Authority issued a public statement1 on shareholder cooperation and acting in concert under the EU Takeovers Directive (2004/25/EC).