Takeaways For the first time in more than two decades, HSR filing fees and fee tiers will be adjusted. The filing fees will range from $30,000 to $2.25 million and apply to HSR notifications filed on or after February 27, 2023. The minimum HSR “Size of Transaction” filing threshold will increase to $111.4 million (from $101 million) and applies to transactions closing on or after February 27, 2023. The maximum daily civil penalty for an HSR Act violation (including failure to file) has increased to $50,120. Talk to HSR counsel early in the deal process to assess potential filing requirements ..read more

The EU’s Digital Markets Act (DMA) enters into force on 1 November 2022. It promises to be one of the most significant developments in the history of EU regulation, ushering in a new era for technology companies operating in the EU. In this communication we set out the background to the DMA, the companies whose services will be affected, the obligations that they will have, the consequences of non-compliance and the next steps in the DMA’s application. Read more ..read more

An article authored by Orrick attorneys has been nominated for a 2021 Antitrust Writing Award as a “Best Business Article” in the intellectual property category. The Awards Jury will select one winning article per category and the piece is also eligible for the “Reader Award” distinction, which is decided by popular vote. You can view the article and cast your vote here: “SEP Licensing in Supply Chains: ECJ Gets Opportunity for a Major Trend-Setting Decision,” by Lars Mesenbrink, Julius Schradin, and Jay Jurata Voting closes on June 28, 2021 ..read more

New enforcement tool for the German Federal Cartel Office in the control of abusive behavior of companies with a paramount cross-market significance for competition           In a nutshell: What’s new? Introduction of the Concept of Intermediation Power: A dominant position can as of now also result from intermediation services of a company that is active in multisided markets. The German competition authority now has a new tool for intervention aiming at some types of large platforms’ conduct and other companies for which the authority established a so-called “param ..read more

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert its (merger control) jurisdiction over the “below-the-thresholds” acquisition of Grail by Illumina (the “Transaction”), following referrals from EU and EFTA member states based on Article 22 of the EU Merger Regulation (“EUMR”)[1]. In addition to its direct and almost immediate implications for Illumina and Grail (see below), this judgment paves the way for new cases that ..read more

The UK is introducing a new far-reaching national security regime which will impact M&A activity in Tech, Energy, Finance and other sectors. Orrick Partner Douglas Lahnborg, on 3 February 2021, hosted a webinar with panellists Niall Mackenzie (Department for Business, Energy & Industrial Strategy), Tim Riisager (Centrica), Alex van Someren (Amadeus Capital Partners) and Tom Tugendhat MP (Chairman of the Foreign Affairs Committee), who shared valuable insights for businesses and their advisors into the National Security and Investment Bill. Watch a recording of the discussion here and l ..read more

Following a trend towards protectionism that seems quite fashionable in many jurisdictions globally those days, the European Commission proposed, on 5 May 2021, a regulation on foreign subsidies distorting the internal market (hereafter “FSR”) intended to ensure a level playing field between companies subject to EU State aid rules and companies which are not. On 30 June 2022, the co-legislators (EU Parliament and Member States) reached a political agreement on the text, meaning that the regulation could be formally adopted in the coming months and become effective as soon as 2023. For people u ..read more

An article co-authored by Jay Jurata and Emily Luken of Orrick’s Antitrust and Competition practice group is the winner of Concurrences 2022 Antitrust Writing Awards Readers’ Choice Award in Intellectual Property Academic Articles. First published in San Diego Law Review, their article, “Glory Days: Do the Anticompetitive Risks of Standards-Essential Patent Pools Outweigh their Procompetitive Benefits,” offers a new perspective in assessing the competition risks and benefits of using patent pools to resolve SEP licensing issues. The Antitrust Writing Awards highlight a broad range of contribut ..read more

After the various measures taken by countries, international organizations and companies to pressure Russia to stop its aggression against Ukraine, it is now the turn of the antitrust enforcers of the European Competition Network (ECN) to make their contribution. They did so by publishing a joint statement on 22 March, in which they indicated that they would be pragmatic, if not flexible, in assessing the behaviour adopted by companies in response to the severe difficulties encountered in connection with the war. They emphasised that cooperation between companies to address war disruptions – f ..read more

Two articles authored by Orrick attorneys have been selected as nominees for a 2022 Antitrust Writing Award from Concurrences, a publication of The Institute of Competition Law. The winners of the award are chosen in part by popular vote. You can view the articles and cast your vote(s) here: • “The EU Commission Publishes Guidance and Expands its Jurisdiction by Capturing Transactions Below the Jurisdictional Thresholds of National and EU Merger Control Regimes,” by Marie-Laure Combet, Douglas Lahnborg, Saira Henry, and Matthew Rose; originally published in e-Competitions. • “Glory Days: Do th ..read more