EU Announces More Expansive Approach to Semiconductor Subsidies
The European Commission (EC) signals relaxation of its strict anti-subsidy regime to encourage national aid for semiconductor manufacturing capabilities. Member states will have more freedom to provide...
View ArticlePrivacy & Cybersecurity Update - December 2021
In this month’s Privacy & Cybersecurity Update, we review the TSA’s new cybersecurity requirements for critical U.S. infrastructure, the White House OMB’s new guidance on cyber incident reporting...
View ArticleDeal Uncertainty Increases as Merger Control Authorities Gain Discretionary...
Takeaways - More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and...
View ArticlePrivacy & Cybersecurity Update - January 2022
In this month’s Privacy & Cybersecurity Update, we examine the U.S. Chamber of Commerce’s letter to Congress calling for federal cybersecurity legislation, the New York attorney general’s report on...
View ArticleEU General Court Overturns Intel Antitrust Fine
On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit...
View Article2022: What You Need To Know …
This year, we expect to see new disclosure requirements; rule changes at the Securities and Exchange Commission that will affect directors; activists adopting new tactics; changes to shareholder voting...
View ArticlePrivacy & Cybersecurity Update - February 2022
In this month’s Privacy & Cybersecurity Update, we examine the Illinois Supreme Court’s decision in a case involving workers compensation and the state’s Biometric Information Privacy Act, U.K....
View ArticleProposed EU Competitor Cooperation Guidelines Tougher on Information Sharing,...
The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to...
View ArticlePrivacy & Cybersecurity Update - March 2022
In this month’s Privacy & Cybersecurity Update, we analyze the U.S. and EU’s joint commitment to create a new data transfer framework to replace the invalidated Privacy Shield, as well as Utah’s...
View ArticleUK Revamps Antitrust Rules With Broader Jurisdictional Reach, Tougher...
On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes....By:
View ArticlePrivacy & Cybersecurity Update - April 2022
In this month’s Privacy & Cybersecurity Update, we examine the FTC chair’s comments suggesting a potential shift in its approach to data privacy regulation, the European Data Protection Board’s...
View ArticlePrivacy & Cybersecurity Update - May 2022
In this month’s Privacy & Cybersecurity Update, we review Connecticut’s passage of a comprehensive privacy law (making it the fifth state to do so), the newly enacted federal Better Cybercrime...
View ArticleEU Merger Control and Digital Markets
On 31 May 2022, Skadden, Compass Lexecon and Concurrences convened for a fireside chat to discuss developments in merger control and digital markets, followed by a panel discussion on a range of...
View ArticlePrivacy & Cybersecurity Update - June 2022
In this month's Privacy & Cybersecurity Update, we examine California’s draft amended regulations for the California Privacy Rights Act, the introduction of comprehensive federal privacy...
View ArticlePrivacy & Cybersecurity Update - July 2022
In this month’s Privacy & Cybersecurity Update, we examine the FTC’s blog post suggesting an increased focus on protecting consumers’ sensitive data and Plaid’s settlement to resolve a class action...
View ArticlePrivacy & Cybersecurity Update - August 2022
In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation...
View ArticlePrivacy & Cybersecurity Update - September 2022
In this month’s Privacy & Cybersecurity Update, we review California’s settlement of the first-ever enforcement action under the California Consumer Privacy Act, as well as the state’s new...
View ArticleEU Digital Markets Act Enters Into Force on November 1, Creating New...
The European Union’s Digital Markets Act (DMA) was published in the Official Journal of the EU on 12 October 2022. The legislation, which regulates large technology platforms, enters into force on 1...
View ArticlePrivacy & Cybersecurity Update - October 2022
In this month’s Privacy & Cybersecurity Update, we examine President Biden’s executive order to implement an EU-U.S. data privacy framework, the European Commission’s draft Cyber Resilience Act,...
View ArticlePrivacy & Cybersecurity Update - November 2022
In this month’s Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency’s revised draft regulations for the California Privacy Rights Act, the Federal Trade Commission’s...
View ArticleSkadden’s 2023 Insights – Five Critical Areas for the Year Ahead
The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory...
View ArticleUS and EU Regulators Increase Scrutiny of Vertical Mergers
US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only...
View ArticlePrivacy & Cybersecurity Update - December 2022
In this month’s Privacy & Cybersecurity Update, we examine the European Commission’s draft adequacy decision on the EU-U.S. Data Privacy Framework, as well as guidance from the U.K. Information...
View ArticlePrivacy & Cybersecurity Update - January 2023
In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s...
View ArticlePrivacy & Cybersecurity Update - March 2023
In this month’s Privacy & Cybersecurity Update, we examine Iowa’s new data privacy law (the sixth state to enact a privacy law), the Biden administration’s new national cybersecurity strategy, the...
View ArticlePrivacy & Cybersecurity Update
In this month’s Privacy & Cybersecurity Update, we look at Washington state’s passage of the first-ever state-level health data privacy law and the finalized California Consumer Privacy Act...
View ArticleUK To Revamp Merger Control, Expanding CMA’s Jurisdiction and Making...
On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (Bill), which will introduce wide-ranging amendments to the UK competition and consumer law regimes...
View ArticleNew UK Law Will Give CMA Broad Powers To Boost Competition in Digital Markets
On April 25, 2023, the UK Government published its long-awaited Digital Markets, Competition and Consumers Bill (Bill) which, among other things, introduces a new ex ante regulatory regime for digital...
View ArticlePrivacy & Cybersecurity Update - May 2023
In this month’s Privacy & Cybersecurity Update, we review new consumer privacy laws in Tennessee and Indiana, three GDPR rulings by the Court of Justice of the European Union, updates regarding...
View ArticlePrivacy & Cybersecurity - June 2023
In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on...
View ArticleEU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions
On 12 July 2023, the EU’s Foreign Subsidies Regulation (FSR) entered into force. The FSR allows the European Commission (EC) to investigate and remedy subsidies received from non-EU countries that...
View ArticlePrivacy & Cybersecurity Update - July 2023
In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a...
View ArticlePrivacy & Cybersecurity Update - August 2023
In this month’s Privacy & Cybersecurity Update, we analyze the Biden administration’s proposed cybersecurity labeling program for smart devices, NIST’s extensive overhaul of its cybersecurity...
View ArticlePrivacy & Cybersecurity Update - September 2023
In this month’s Privacy & Cybersecurity Update, we examine Delaware’s new comprehensive data privacy law, a joint statement by 12 data protection authorities on data scraping and data protection, a...
View ArticleMandatory Notification Obligations Under the EU’s Foreign Subsidies...
Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain...
View Article[Video] Fierce Competition Podcast | A Look at the Evolving Global Deal...
Skadden is proud to present our newest podcast, Fierce Competition. Hosted by our global antitrust/competition team, the podcast explores antitrust policy and enforcement around the world, including...
View ArticleEU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital...
Key Points - - EU competition regulators are increasingly considering “ecosystems” of products and services in their analysis of the competitive impact of mergers — a framework that often does not fit...
View Article2024 Insights: Antitrust
As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and...
View ArticleThe European Commission’s Revised Market Definition Notice: A New Approach to...
On February 8, 2024, the European Commission (EC) adopted a revised Market Definition Notice (revised Notice). The revised Notice confirms the EC’s and EU courts’ existing approach to understanding...
View Article[Video] Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger...
In this episode of our “Fierce Competition” podcast, European antitrust/competition co-head Ingrid Vandenborre, partner Julia York and counsel Michael Sheerin dissect the Illumina-Grail merger...
View ArticleManaging Deal Risks in a Challenging Regulatory Environment: Strategies and...
The already complex business calculus that goes into a merger has become even more complicated in the past several years because of stepped-up government scrutiny. Major transactions have been blocked...
View ArticleCorporate Trends and Financing - March 2024
Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate...
View ArticleAntitrust in Life Sciences: A Dialogue With Anna Vernet
On March 26, 2024, Skadden hosted a discussion on key developments in antitrust enforcement in the pharmaceuticals and life sciences sectors....By:
View ArticleEU and UK Consider First Stand-Alone Disparagement Cases
The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European...
View ArticleUK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms
The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....By:
View ArticleUK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures...
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law...
View ArticleEuropean Commission Turns Focus to Competition in Labour Markets, Targeting...
As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences,...
View ArticleEuropean Commission Workshop on Competition in Generative AI: Highlights
On June 28, 2024, the European Commission (EC) held a workshop on competition in virtual worlds and generative artificial intelligence (AI). The event followed the EC’s January 2024 call for...
View ArticleEU Court of Justice Takes a Firm Stance Against Patent Settlement Agreements
The European Union’s Court of Justice (ECJ) has rendered its two long-awaited judgments in the European Commission’s (EC’s) perindopril case. The 27 June 2024 judgments concern: - The EC’s appeal of...
View ArticleEuropean Commission Blocked From Reviewing Below-Threshold Mergers
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s...
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