On September 3, 2024, in a landmark decision, the European Court of Justice – the EU’s highest court – ruled in favor of Illumina in its challenge to the EC’s unprecedented assertion of jurisdiction over a transaction that met no notification thresholds at either EU or Member State level.
Antitrust & Trade Regulation
Competition Bureau Outlines Preliminary Enforcement Approach on Competitor Property Controls
The Competition Bureau (the “Bureau”) recently published interim guidance (the “Guidance”) outlining its preliminary enforcement approach to competitor property controls under the Competition Act (the “Act”). The Guidance was published after Parliament’s recent amendments to the Act in Bill C-59 and Bill C-56 expanded the scope of the civil collaboration and abuse of dominance provisions.
Competitor…
Antitrust Review Episode 30: In Conversation with Martijn Snoep
In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Martijn Snoep, Chair of the Dutch Authority for Consumers & Markets. Their conversation covers an array of topics, including the role of sustainability in antitrust enforcement, merger control, consumer protection, digital regulation, and more.
Listen below, or select from…
Brewbaker Strikes Back: The DOJ’s Per Se “Death Star” Attacked
No jail sentences were imposed on individual defendants convicted in the 1940 Supreme Court case of United States v. Socony Vacuum Oil Co. The individuals were each fined $1,000. In 2014, Romano Pisciotti, an Italian citizen, was indicted under seal for violating Section One of the Sherman Act, seized by Interpol while changing…
Antitrust Review Episode 29: In Conversation with Barry Hawk
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Barry Hawk, one of antitrust law’s leading jurists and commentators. Their conversation covers an array of topics, including the U.S. antitrust enforcement under President Biden, the evolution of EU competition law, the proliferation of antitrust agencies, digital regulation, and much…
Competition Bureau Announces Public Consultation and Guidance on Greenwashing
On July 22, 2024, the Competition Bureau (the “Bureau”) announced that it is launching a public consultation to gather stakeholder feedback relating to the interpretation and application of the new greenwashing provisions of the Competition Act (the “Act”). Contemporaneously with this announcement, the Bureau also published a new issue (Volume 7) of its Deceptive Marketing…
Emerging money laundering risks in the UK’s clothing and retail sectors
A UK Court of Appeal decision in June 2024 has heightened the UK’s focus on the potential for money laundering offences within global supply chains. There is now a greater risk that UK law enforcement may recover assets from companies that fail to perform adequate due diligence on their supply chain, even if adequate consideration…
Webinar on Sanction Strategies: Insights on India, China and the Middle East
On Tuesday 23rd July, energy and natural resources partners Sachin Kerur and James Willn, along with international trade partner Leigh Hansson, hosted the highly anticipated webinar “Sanction Strategies: Focus on India, China, and the Middle East.” During this insightful session, the team delved into the latest sanctions decisions, explored the implications for companies in these…
Series – The Evolving Competition Law Landscape in Canada: Part 5 – Private Competition Litigation
Bill C-59 and its significant expansion of private competition litigation: Where are we now?
Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and…
DOJ Filed Cert Petition in United States v. Brewbaker
The Department of Justice has filed a cert petition (here) asking the Supreme Court to reverse a Fourth Circuit decision which held that a bid rigging scheme was not a per se violation where the competing bidders also had a vertical relationship. In United States v. Brewbaker, 87…