Contact

Andrea L. Hamilton

Milbank (London)

Partner

Andrea Hamilton in a partner at Milbank in London. Andrea has extensive experience in advising and representing clients in multi-jurisdictional merger control and foreign investment review processes. She regularly represents clients before the UK Competition and Markets Authority and European Commission, and is recognised as a leading practitioner in competition practice directories. Andrea recently co-edited and co-authored Gun Jumping in Merger Control (2019) and Competition Law Treatment of Joint Ventures (Forthcoming).

Distinctions

Nominee, 2019 Antitrust Writing Awards: Business, Asian Antitrust

Nominee, 2013 Antitrust Writing Awards: Business, Anticompetitive practices

Contact

Linked authors

Adam J. Di Vincenzo

Milbank (Washington)

United States 1 contribution 2991 visits

Dilja Helgadottir

Milbank (London)

United Kingdom 12 contributions 2082 visits

Moritz Lichtenegger

Milbank (Munich)

Germany 28 contributions 48999 visits

Matthew R. Maddox

Milbank (New York)

United States 1 contribution 402 visits

Ajal Notowicz

Milbank (London)

United Kingdom 1 contribution 6996 visits

2260 | Events

3 Oct 2019 Paris Concurrences Paris New Office Inauguration & Books Signature See documents

Articles

9922 Bulletin

Caroline Ruiz Palmer, Andrea L. Hamilton The EU Commissioner Margrethe Vestager announces new approach to merger review referrals falling below thresholds

11 September 2020 163

Under current EU merger control rules, whether a concentration has to be notified to the European Commission (“Commission”) depends, among other things, on the level of revenue generated by the parties worldwide and in the European Union. A key question that has sparked considerable debate in (...)

Christian Krohs, Andrea L. Hamilton, Max Küttner Collaboration among competitors & COVID-19: The impact on EU and national case laws

9 April 2020 3706

The first case of the Coronavirus (COVID-19) was confirmed in late 2019, and a pandemic was declared by the World Health Organisation in March 2020. Following this declaration, governments worldwide have taken extraordinary measures to combat the effects of the COVID-19 pandemic. Measures are (...)

Max Küttner, Christian Krohs, Andrea L. Hamilton The European Competition Network issues a joint statement announcing that its members will not actively intervene against ’necessary and temporary’ measures to avoid a shortage of supply during the COVID-19 outbreak

23 March 2020 391

Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to (...)

Sabine Nauges, Daniel von Brevern, Christian Krohs, Andrea L. Hamilton, David Henry, Wilko Van Weert, Laurent Ayache The EU Commission adopts a temporary framework allowing Member States to grant State aid to businesses to help them face the COVID-19 crisis

19 March 2020 252

On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus (COVID-19) health crisis. In the wake of this decision—and in a record time of (...)

Andrea L. Hamilton, Caroline Ruiz Palmer, David Henry The EU Court of Justice provides guidance on the merger notification obligation in EU regulation (EY / KPMG)

31 May 2018 140

European Court of Justice Provides Guidance on Scope of the Standstill Obligation Enshrined in the EU Merger Regulation* Pursuant to the EU merger control rules, a transaction that falls within the purview of the EU Merger Regulation (EUMR) must be notified to the European Commission (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US FTC challenges a merger in what it defines as markets for the retail sale of gasoline and the retail sale of diesel and requires divestitures in 10 local geographic markets (Alimentation Couche-Tard / Holiday)

28 December 2017 138

THE LATEST: FTC CHALLENGES RETAIL FUEL STATION AND CONVENIENCE STORE TRANSACTION— REQUIRES TEN LOCALIZED DIVESTITURES IN WISCONSIN AND MINNESOTA* WHAT HAPPENED: Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)

7 August 2017 147

Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of Appeals for the Ninth Circuit affirms the dismissal of an antitrust counterclaim in a labor dispute (ICTSI Oregon / International Longshore and Warehouse Union / Pacific Maritime Association)

24 July 2017 76

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of Appeals for the Second Circuit dismisses the indictments of two individuals accused of playing a role in the LIBOR case and clarifies the Fifth Amendment law in international cartels (Allen)

19 July 2017 107

SECOND CIRCUIT CLARIFIES FIFTH AMENDMENT LAW, WITH IMPLICATIONS FOR US PROSECUTION OF INTERNATIONAL CARTELS* On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank (...)

Andrea L. Hamilton, David Henry The EU Commission fines a big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)

18 May 2017 101

THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

Andrea L. Hamilton The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)

6 December 2016 188

European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “Big Data” concerns (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US FTC enters into a final settlement resolving an administrative case between two drug testing companies for collusion (DTC)

21 January 2016 39

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with respect to customer allocation in violation of §5 of the Federal (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US District Court for the Northern District of Ohio approves a plea agreement from a sales manager that conspired to fix prices of automotive hoses (Horie of Toyoda Gosei)

6 January 2015 80

FORMER TOYODA GOSEI EXECUTIVE PLEADS GUILTY TO PRICE-FIXING, BID-RIGGING* On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Northern District of California allows a claim brought against a franchise car dealer for engaging into anticompetitive price discrimination by offering volume discounts (Chrysler Group / Matthew Enterprise)

11 July 2014 71

DISTRICT COURT PARES DOWN PRICE DISCRIMINATION SUIT AGAINST CHRYSLER* On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and (...)

Andrea L. Hamilton, Jacques Buhart, Lionel Lesur The EU Commission publishes a White Paper on the application of merger control rules to the acquisition of non-controlling minority shareholdings with the objective of providing a more effective merger control regime

9 July 2014 94

COMMISSION PUBLISHES WHITE PAPER ON MINORITY SHAREHOLDINGS* On 9 July 2014, the EU Commission (Commission) published a White Paper (White Paper) entitled Towards more effective EU merger control. The White Paper sets out the Commission’s current thinking on the application of merger control (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of the Northern District of California decides against the acquisition of a competitor on the basis that it would lead to anticompetitive effects in the sector of product ratings and review platforms (Bazaarvoice / PowerReviews)

8 January 2014 203

JUDGE RULES IN FAVOR OF DOJ FINDING BAZAARVOICE/POWERREVIEWS MERGER ANTICOMPETITIVE* On January 8, 2014, Judge Orrick of the Northern District of California ruled that Bazaarvoice’s acquisition of competitor PowerReviews violated Section 7 of the Clayton Act. The ruling was in favor of the (...)

Andrea L. Hamilton, David Henry The EU Commission issues a reform package to simplify and streamline the EU merger control regime

5 December 2013 71

EUROPEAN COMMISSION SIMPLIFIES ASPECTS OF EU MERGER CONTROL* The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified” treatment (...)

David Henry, Andrea L. Hamilton, Jacques Buhart The UK Government publishes a consultation document on how best to encourage private sector challenges to anticompetitive behaviour

24 April 2012 3829

PRIVATE ACTIONS IN COMPETITION LAW: UK GOVERNMENT CONSULTATION* On April 24, 2012, the UK government took a significant step towards private antitrust actions by publishing a consultation document on how best to encourage private sector challenges to anticompetitive behavior. This (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The Brazilian Parliament publishes a bill reforming competition law with important implications for merger control

5 October 2011 57

COMPETITION LAW REFORM IN BRAZIL: IMPLICATIONS FOR MERGER CONTROL* Brazil’s House of Representatives passed a long-awaited competition bill (the Competition Bill) on 5 October 2011, making significant changes to Brazilian competition law. The Competition Bill has yet to be signed into law by (...)

David Henry, Andrea L. Hamilton The UK Competition Authority issues an overview of competition law and steps that companies can take to comply with competition law

1 May 2010 69

UK COMPETITION REGULATOR ISSUES GUIDANCE ON HOW BUSINESSES CAN COMPLY WITH COMPETITION LAWS* The UK Office of Fair Trading (OFT) has issued an overview of competition law and steps that companies can take to comply with competition law. This advice was issued in response to the results of a (...)