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7.08.24
European Antitrust Bimonthly Bulletin – May/June 2024
The firm is pleased to publish the May/June 2024 edition of the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe from the past two months into concise and actionable takeaways.
Newsletters
3.05.24
2023 Antitrust Year in Review
Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report highlights the most critical global developments in antitrust law, policy, enforcement, and litigation over the past year, with an emphasis on those that will have a lasting impact in the years ahead.
Over the past several years, antitrust issues have come to the fore in public discourse, and that focus has been reflected in significant changes in antitrust law and policy and in more wide-ranging and aggressive enforcement activity. This year’s report provides updates in mergers and acquisitions, civil non-merger enforcement, private litigation, and cartels and criminal enforcement.
Newsletters
1.25.23
2022 Antitrust Year in Review
We are proud to share the 2022 Antitrust Year in Review, which discusses significant developments in antitrust law, policy, and enforcement over the past year. First, the report spotlights recent outcomes in court for U.S. agency enforcement litigation and discusses major changes in the law that create substantial new antitrust obligations, as well as updated policy and enforcement guidelines. Then, the merger enforcement section describes significant merger control activity by enforcers in the U.S., EU, and UK, and the civil conduct enforcement section outlines enforcer activity in investigating and challenging non-merger conduct. Finally, the report provides an update on global cartel enforcement policy and activity, and concludes with a survey of significant private antitrust litigation in the United States and UK.
Alerts
12.19.22
Dutch Court Holds Former Director Personally Liable for EU Cartel Fine
On December 12, 2022, the Dutch Arnhem-Leeuwarden Court of Appeal (the court) confirmed that a former director of Heiploeg, a North Sea shrimp supplier, was personally liable for over €13 million in damages ($13.8 million) as a result of the company's involvement in a cartel infringement.1 The court allowed Heiploeg's bankruptcy trustees to recover half of the cartel fine of €27 million imposed on Heiploeg by the European Commission (EC) in 2013.
Alerts
12.12.22
FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk
The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition in history.1 The complaint alleges harm in three distinct markets: (1) high-performance consoles (i.e., Xbox and PlayStation); (2) multi-game content library subscription services; and (3) cloud gaming subscription services. The FTC voted 3–1 to issue the complaint, with Commissioner Christine Wilson dissenting from the decision.
News Articles
4.06.22
Wilson Sonsini and Jonathan Jacobson Honored at 12th Annual GCR Awards
On April 5, 2022, Wilson Sonsini Goodrich & Rosati and Senior Of Counsel Jonathan Jacobson were honored at Global Competition Review’s 12th Annual GCR Awards, which recognized the world’s leading antitrust lawyers, economists, and enforcers, as well as the biggest cases of 2021.
Wilson Sonsini—alongside Freshfields, Axinn Veltrop & Harkrider, Ropes & Gray, and Williams & Connolly—won the award for “Behavioural Matter of the Year for the Americas” for its work defending Google against investigations from the Department of Justice and state enforcers. The team representing Google in the matter includes antitrust partners Susan Creighton, Wendy Waszmer, Franklin Rubinstein, Brad Tennis, and Tina Sessions.
In addition, Jonathan was recognized as “Litigator of the Year” for his work on several outstanding matters, including his defense of Google in the Google Digital Advertising antitrust litigation and his successful representation of two Chinese vitamin exporters before the U.S. Court of Appeals for the Second Circuit.
Wilson Sonsini—alongside Freshfields, Axinn Veltrop & Harkrider, Ropes & Gray, and Williams & Connolly—won the award for “Behavioural Matter of the Year for the Americas” for its work defending Google against investigations from the Department of Justice and state enforcers. The team representing Google in the matter includes antitrust partners Susan Creighton, Wendy Waszmer, Franklin Rubinstein, Brad Tennis, and Tina Sessions.
In addition, Jonathan was recognized as “Litigator of the Year” for his work on several outstanding matters, including his defense of Google in the Google Digital Advertising antitrust litigation and his successful representation of two Chinese vitamin exporters before the U.S. Court of Appeals for the Second Circuit.
Newsletters
2.10.22
2021 Antitrust Year in Review
Wilson Sonsini Goodrich & Rosati is pleased to present its 2021 Antitrust Year in Review. This report summarizes the most significant antitrust matters and developments of the past year. We examine policies and enforcement activity by U.S. and global antitrust agencies and enforcers across a range of merger review, civil conduct, and criminal enforcement matters as well as antitrust litigation filed by private plaintiffs.
Alerts
10.12.21
Ninth Circuit Limits Ability of Indirect Purchaser Classes to Bring Nationwide Suits
The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country commonly were brought under California law using California's choice of law rules. Under this ruling, indirect purchaser classes will likely need to bring their claims under the laws of the state where the transactions occurred rather than simply bringing a nationwide class under one state's laws.
Alerts
7.29.21
EU Commission Breaks New Ground by Fining German Carmakers for Participation in a Cartel Restricting Technical Development
The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was able to avoid a EUR 727 million (USD 876 million) fine by successfully applying for leniency and revealing the cartel conduct to the authority. Most notably, the EC did not charge the companies for "classical" cartel practices such as price fixing, market sharing, or customer allocations but, for the first time in its decision practice, for secretly agreeing on restrictions of technical development. This may have sweeping consequences for many companies engaging in industry collaboration on innovative technologies.
Alerts
1.08.21
DOJ Brings First Criminal “No Poach” and “Wage-Fixing” Antitrust Prosecutions
The U.S. Department of Justice's Antitrust Division (DOJ) has made good on a promise it made over four years ago to criminally charge companies that agree not to solicit each other's employees in so-called "no poach" agreements or that agree not to compete on wages or salaries in so-called "wage-fixing" agreements. In the waning days of the Obama administration, the DOJ announced it would begin criminally prosecuting collusive conduct affecting labor markets;1 now, in the waning days of the Trump administration, the DOJ has followed through.
Newsletters
12.17.20
2020 Antitrust Year in Review
Our antitrust practice is pleased to present a report summarizing the most significant antitrust matters and developments of the past year. The publication examines the final year of antitrust enforcement under the Trump administration, analyzes actions by U.S. antitrust agencies and enforcers in other jurisdictions worldwide across a range of merger review, civil conduct, and criminal enforcement matters; and highlights new guidance issued by U.S. agencies and developments in the treatment of efficiencies in merger analysis. It also notes areas of cooperation and contention between U.S. agencies, examines the DOJ’s enforcement agenda and leniency program, and offers an update on private antitrust litigation, among other content.