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By Matthew Readings, Simon Thexton
The European Commission (EC) is increasingly invoking conglomerate theories of harm in its merger reviews.
By Brian Burke
In January 2018, the U.S. Supreme Court granted certiorari in In re vitamin C Antitrust Litigation, the first lawsuit in U.S. history where the Chinese government has intervened to take a position
By Djordje Petkoski, Patricia Sanchez-Calero
Leniency programs have been one of the most effective tools for cartel prosecution over the past two decades.
By Djordje Petkoski, William Haun, Caroline Préel
In a number of jurisdictions, antitrust authorities may challenge consummated mergers even when the parties were not required to report those deals
By Richard Alsop, David Dixter, Harald Halbhuber, Jonathan Handyside, Lona Nallengara, David Beveridge, Alan Bickerstaff, J. Russel Denton, Jonathan DeSantis, Brian Dillavou
On August 8, 2019, the U.S. Securities and Exchange Commission (SEC) proposed amendments (the "Proposed Rule") to modernize its existing requirements for how companies disclose risk factors
By Shearman & Sterling LLP
The Court also held that plaintiffs adequately alleged scienter. The Court credited allegations that the company had received a subpoena in a federal investigation of price-fixing and had been named in suits filed by state attorneys general.
By Shearman & Sterling LLP
Justice Borrok rejected arguments from plaintiffs that the PSLRA's invocation of the Federal Rules of Civil Procedure in connection with discovery obligations implied that the PSLRA only governed in actions brought in federal court.
By Shearman & Sterling LLP
Plaintiff alleged that defendants made misrepresentations in connection with disclosures concerning the company's compliance with internal controls, earnings forecasts, and regarding the valuation of goodwill and intangible assets.
By James Webber, Özlem Fidanboylu
This may now provide a plausible route for creditors to attack State aid approvals of bank resolution, something that has been very difficult to date.
By John Cove, Jr., Alexander Sanyshyn
On June 25, 2018, the U.S. Supreme Court, in a 5-4 decision by Justice Thomas, held that provisions in American Express Company's contracts with merchants that restricted the ability of these merchants...
By Geert Goeteyn
The economic value and utility of customer data has led to many technology companies devising successful business models on the basis of providing free access to their online platforms and services
By Matthew Berkowitz, Joshua Thompson, Alan Bickerstaff, K. Mallory Brennan, Emma Maconick, Nathan Greene, David Higbee, Brett Schlossberg
Shearman & Sterling attorneys acted as the founding lead editors and contributors to key chapters in the latest Global Legal Insights edition entitled, AI, Machine Learning & Big Data, a book published by Global Legal Group Ltd, London.
By Adam Hakki, Matthew Craner, Agnès Dunogué, Nathan Greene, Mark Lanpher, Christopher LaVigne, Lona Nallengara, John Nathanson, Jeffrey J. Resetarits, Patrick Robbins, Russell Sacks, Reena Agrawal Sahni, Richard F. Schwed, Mark A. Dunham
On July 3, 2019, Chairman Jay Clayton of the Securities and Exchange Commission (SEC) issued a Statement Regarding Offers of Settlement (the "Public Statement") to announce a significant shift in the SEC's process of...
By Jessica Delbaum, Geert Goeteyn
Under the Trump administration's leadership, the Antitrust Division of the Department of Justice (DOJ) appears to be changing its enforcement approach toward intellectual property (IP) issues.
By Jessica Delbaum, Tim Slattery
For nearly two decades, reverse payments have been the perennial focus in the pharmaceutical industry and among antitrust professionals.
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