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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
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.
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.
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.
Bylined Articles
10.23.20
Risk Allocation in Merger Agreements in an Era of Increased Enforcement
Our antitrust practice is pleased to present a new report addressing the prevalence of risk-shifting provisions in merger agreements. As antitrust agencies continue to galvanize enforcement efforts, such provisions have emerged as a critical counterbalance to increased regulatory scrutiny. The firm, working with NERA Economic Consulting, examined over 700 merger agreements from 2004-2019 to construct an empirical analysis of the prevalence of efforts clauses, divestiture and litigation requirements, break-up and reverse break-up fees, and termination date provisions. This analysis serves as a benchmark that can help inform optimal transaction-specific negotiating strategies and protect against aggressive counterparties.
News Articles
1.24.20
Wilson Sonsini Antitrust Practice Recognized by Global Competition Review
Once again, Wilson Sonsini’s antitrust practice is recognized among the “global elite” as part of Global Competition Review’s annual GCR 100 report. Now in its 20th edition, the GCR 100 is the leading ranking of the world’s best competition lawyers and economists.
Newsletters
1.14.20
2019 Antitrust Year in Review
We are pleased to present the 2019 Antitrust Year in Review, which examines the most important antitrust matters and developments from the past year. Among other topics, the report discusses the Trump Administration’s antitrust enforcement approach and analyzes actions by both U.S. antitrust agencies across a range of civil and criminal enforcement matters.
Newsletters
1.03.19
2018 Antitrust Year in Review
Wilson Sonsini is pleased to present its 2018 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. In this report, we examine the Trump Administration’s antitrust enforcement approach and analyze actions by both U.S. antitrust agencies across a range of civil and criminal enforcement matters.
Newsletters
1.04.18
2017 Antitrust Year in Review
In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at mergers and acquisitions, and we discuss the shifts we have observed as U.S. agencies transitioned with the Trump administration, including a high-profile vertical merger challenge by the U.S. Department of Justice (DOJ) and a 1-1 split between commissioners at the Federal Trade Commission (FTC) that resulted in the closing of an investigation.
Alerts
6.21.17
Tips for Negotiating a Third-Party Subpoena in a Merger Investigation
Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party subpoenas in an antitrust investigation (whether at the U.S. Department of Justice (DOJ) or the FTC) are resolved through negotiations with the staff attorneys investigating the transaction. In this instance, Humana invoked rules that enable third parties to petition the FTC to limit or quash the discovery after meeting and conferring with staff.1