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EU Announces More Expansive Approach to Semiconductor Subsidies

December 23, 2021, 10:07 am
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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 government support to the semiconductor industry for the creation of new production facilities in the EU. EC revised policy seeks to create semiconductor supply chain independence. The plan sets up the EU to double its global semiconductor production share by 2030, and officials will propose a...
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Privacy & Cybersecurity Update - December 2021

January 4, 2022, 1:01 pm
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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 procedures and the U.S.-U.K. plan to develop a data sharing regime....
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Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review

February 3, 2022, 5:12 pm
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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 others are using this authority more frequently. As a consequence, companies whose merger might not have been subject to a competition review in the past need to provide for the possibility that their deal will draw the attention of regulators with discretionary review powers....
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Privacy & Cybersecurity Update - January 2022

February 3, 2022, 7:38 pm
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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 “credential stuffing” attacks, the FTC’s warning to companies on Log4j software security and the U.K. government’s new national cyber strategy. We also examine a district court case involving the Illinois Biometric Information Privacy Act and a health care trade association's cybersecurity...
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EU General Court Overturns Intel Antitrust Fine

February 8, 2022, 7:00 pm
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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 (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates that infringement decisions must be supported by economic analysis, and not rely on form-based condemnation of rebate schemes, and that companies can rely on economic analysis to assess the antitrust...
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2022: What You Need To Know …

February 28, 2022, 5:28 pm
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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 processes; tax and antitrust developments that could alter the way companies execute deals; and revised trade rules that will have an impact on many businesses....
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Privacy & Cybersecurity Update - February 2022

March 2, 2022, 7:27 pm
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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. data transfer regimes before Parliament and three European data protection authorities’ rulings impacting the digital marketing industry. We also take a look at the Digital Advertising Accountability Program’s warning on data “fingerprinting,” the National Institute of Standards and Technology’s recent...
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Proposed EU Competitor Cooperation Guidelines Tougher on Information Sharing, but Scope Provided for Sustainability Agreements

March 30, 2022, 12:16 pm
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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 expire on 31 December 2022. Cooperation agreements among existing or potential competitors (i.e., horizontal cooperation agreements) include those regarding joint research and development (R&D), joint purchasing, joint production and commercialisation, information exchange and bidding consortia....
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Privacy & Cybersecurity Update - March 2022

April 5, 2022, 6:08 pm
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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 new state privacy law and updates to the California Consumer Privacy Act. We also review the SEC’s proposed cyber disclosure rules, a pair of cyber-related insurance court rulings and the EU’s proposed Data Act....
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UK Revamps Antitrust Rules With Broader Jurisdictional Reach, Tougher Penalties and More Flexible Procedure for Merger Control

May 3, 2022, 4:15 pm
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On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes....
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Privacy & Cybersecurity Update - April 2022

May 4, 2022, 5:48 pm
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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 request for comment on its “dark patterns” guidelines, the FDA’s proposed guidance for medical device cybersecurity and Colorado’s call for comments on its privacy act rulemaking....
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Privacy & Cybersecurity Update - May 2022

June 3, 2022, 8:02 pm
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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 Metrics Act, New York’s new law requiring employee notification of electronic communication monitoring and the FTC’s policy statement on “edtech” and COPPA. We also examine the U.K.’s planned overhaul of its data protection regime and updates to data anonymization guidance from the U.K. Information...
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EU Merger Control and Digital Markets

July 6, 2022, 7:02 pm
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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 issues, including the increasingly blurred lines of EU jurisdiction, the standard of proof, the role of economic analysis, the changing approach to merger remedies and the changing landscape for agency coordination....
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Privacy & Cybersecurity Update - June 2022

July 19, 2022, 3:06 pm
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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 legislation in Congress and the U.K.’s new six-point digital strategy. We also review a data breach settlement involving federal employees and the Department of Energy’s new cyber-informed engineering strategy....
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Privacy & Cybersecurity Update - July 2022

August 3, 2022, 11:32 am
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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 arising from its data collection practices. We also review the U.K. government’s call for input on regulating its data infrastructure and the U.K. information commissioner's three-year plan to help reduce costs for businesses related to data protection compliance....
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Privacy & Cybersecurity Update - August 2022

September 7, 2022, 3:12 pm
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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 of GDPR administrative fines....
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Privacy & Cybersecurity Update - September 2022

October 5, 2022, 6:50 am
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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 child-focused privacy law and progress on California Privacy Rights Act rulemaking....
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EU Digital Markets Act Enters Into Force on November 1, Creating New Regulatory Regime for Large Tech Platforms

October 14, 2022, 8:11 pm
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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 November 2022 (20 days after publication) and the notification and review process by which the European Commission (EC) will designate companies as ‘gatekeepers’ starts six months later, on 1 May 2023....
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Privacy & Cybersecurity Update - October 2022

November 4, 2022, 9:28 pm
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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, the U.S. Treasury’s request for public comments on a federal cyber insurance program and New York state’s data breach settlement with a health insurer....
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Privacy & Cybersecurity Update - November 2022

December 6, 2022, 3:52 pm
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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 settlement with a telecommunications company over its use of dark patterns and junk fees, and the U.K.’s new guidance on direct marketing via electronic mail....
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Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

December 14, 2022, 7:11 am
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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 and litigation considerations, and ongoing geopolitical tensions....
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US and EU Regulators Increase Scrutiny of Vertical Mergers

December 19, 2022, 10:01 am
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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 in technology sectors, but also in health care, pharmaceuticals, transportation and manufacturing. This is not expected to change in 2023, even though Republicans will control the House of Representatives......
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Privacy & Cybersecurity Update - December 2022

January 3, 2023, 8:41 am
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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 Commissioner’s Office on international transfers, transfer risk assessments and employee monitoring. We also review court decisions involving the Illinois Biometric Information Privacy Act and insurance coverage following ransomware and data breach attacks, in addition to other cybersecurity news....
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Privacy & Cybersecurity Update - January 2023

February 1, 2023, 11:53 am
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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 regulations to become effective and four other California laws with privacy implications that recently took effect....
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Privacy & Cybersecurity Update - March 2023

April 4, 2023, 7:09 am
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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 U.K. government’s revised proposals to amend its data protection regime and a pair of insurance-related court decisions in New Jersey and Michigan....
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Privacy & Cybersecurity Update

May 2, 2023, 3:40 pm
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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 regulations. We also examine a Department of Health and Human Services notice of proposed rulemaking for HIPAA protections involving reproductive health, Food and Drug Administration guidance regarding medical device cybersecurity and an appeals court decision concerning insurance coverage for the victim of a...
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UK To Revamp Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

May 4, 2023, 12:14 pm
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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 that expand the powers of the Competition and Markets Authority (CMA) and significantly alter the merger control and antitrust investigation processes....
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New UK Law Will Give CMA Broad Powers To Boost Competition in Digital Markets

May 4, 2023, 12:22 pm
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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 markets. The Bill largely follows the Spring 2022 proposals made in the government’s consultation response on the new regime....
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Privacy & Cybersecurity Update - May 2023

June 5, 2023, 6:33 pm
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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 future California Privacy Rights Act regulations and a pair of cyber-related insurance cases....
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Privacy & Cybersecurity - June 2023

July 6, 2023, 12:28 pm
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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 cyber insurance trends; and two privacy-related court rulings....
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EU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions

July 18, 2023, 10:55 am
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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 distort the EU internal market. The FSR introduces a new merger review regime, separate from and in addition to existing merger control and foreign direct investment (FDI) control regimes. It requires prior notification to and approval from the EC of transactions involving companies that have received...
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Privacy & Cybersecurity Update - July 2023

August 2, 2023, 3:22 pm
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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 court ruling that delayed implementation of California Privacy Rights Act regulations, proposed amendments to cybersecurity regulations in New York and a district court decision in a lawsuit involving the Illinois Biometric Information Privacy Act....
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Privacy & Cybersecurity Update - August 2023

September 6, 2023, 12:39 pm
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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 framework, and data privacy law developments in California and Colorado....
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Privacy & Cybersecurity Update - September 2023

October 3, 2023, 8:47 am
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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 district court ruling on a case involving a health insurance provider’s data breach and the California Privacy Protection Agency’s meeting regarding the implementation of the California Privacy Rights Act....
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Mandatory Notification Obligations Under the EU’s Foreign Subsidies Regulation Kick In: Are You Ready?

October 12, 2023, 12:25 pm
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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 levels of financial support from non-EU governments and (ii) meet prescribed financial thresholds must now be notified, assessed and cleared before the transactions can close......
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[Video] Fierce Competition Podcast | A Look at the Evolving Global Deal Landscape

October 17, 2023, 8:36 am
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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 the latest developments and their implications in an increasingly complex legal and regulatory landscape. Our first episode kicks off with partners Ingrid Vandenborre, Andrew Foster and David Wales discussing a new era in global merger control law — including a changing regulatory atmosphere,...
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EU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital ‘Ecosystems’ a New Focus

December 14, 2023, 1:02 pm
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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 with the historical focus on horizontal and vertical relationships....
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2024 Insights: Antitrust

December 15, 2023, 2:43 pm
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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 filing requirements. Companies can still close deals if they structure them to “go the distance” and have a solid litigation strategy....
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The European Commission’s Revised Market Definition Notice: A New Approach to Digital Markets

February 16, 2024, 1:21 pm
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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 dynamic and innovative markets and specifically addresses multisided platforms and digital ecosystems....
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[Video] Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger Challenge Saga

March 25, 2024, 10:20 am
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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 challenge, which spanned three years and included a multitude of global roadblocks. The trio examines how the challenge played out in the Fifth Circuit and before the FTC and the implications this matter will have on future potential vertical mergers, including how remedies may be viewed by the courts....
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Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms

March 26, 2024, 10:45 am
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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 or abandoned in the face of opposition by regulators in the U.S., U.K. and European Union on competition and national interest or national security grounds....
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Corporate Trends and Financing - March 2024

March 28, 2024, 3:09 pm
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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 terms to mitigate and allocate the risk that a deal is delayed or terminated. Well-established deal provisions can be utilized....
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Antitrust in Life Sciences: A Dialogue With Anna Vernet

April 18, 2024, 10:23 am
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On March 26, 2024, Skadden hosted a discussion on key developments in antitrust enforcement in the pharmaceuticals and life sciences sectors....
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EU and UK Consider First Stand-Alone Disparagement Cases

April 29, 2024, 11:04 am
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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 Commission’s (EC’s) and the UK Competition and Markets Authority’s (CMA’s) ongoing investigations of Vifor Pharma present these agencies’ first pure disparagement abuse cases....
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UK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms

May 29, 2024, 2:17 pm
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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....
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UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

May 29, 2024, 3:22 pm
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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 regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes....
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European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

June 24, 2024, 12:19 pm
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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, companies should consider: - Ensuring their compliance tools reflect the risks of wage-fixing and no-poach agreements. - Refraining from agreements and information exchanges on wages, compensation or benefits......
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European Commission Workshop on Competition in Generative AI: Highlights

July 22, 2024, 2:43 pm
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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 contributions on the level of competition within these two sectors....
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EU Court of Justice Takes a Firm Stance Against Patent Settlement Agreements

July 29, 2024, 1:59 pm
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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 the General Court’s annulment of the EC’s infringement decision on Servier’s patent settlement agreements with Krka (Case C-176/19 P)....
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European Commission Blocked From Reviewing Below-Threshold Mergers

September 9, 2024, 12:35 pm
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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 (EC’s) power to review transactions based on a referral by national competition authorities in the EU pursuant to Article 22 of the EU Merger Regulation (EUMR). The EC’s review of the Illumina/Grail transaction was based on referrals from member states where the transaction did not meet the applicable...
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