Mark J. Gidley

The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait’s Competition Protection Agency has started to apply the new thresholds and has already launched inquiries into transactions that (...)

On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging parties via a Warning Letter that its investigation remains open despite the (...)

A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the Federal Trade Commission to ban or limit employee non-compete agreements. (...)

While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

What’s next for drug pricing in the US? Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers, while the growing web of state laws is expected to increase compliance challenges for the pharmaceutical industry. What’s changing? A new (...)

The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are temporarily suspending any grants of early termination under the Hart-Scott-Rodino Act ("HSR Act"). The HSR Act is the federal premerger notification program, which requires parties to notify (...)

On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2021 (...)

Egypt is getting closer to adopting a new merger control regime that would transform the system from a post-closing to a pre-closing filing regime. The Egyptian Council of Ministers has approved a draft proposal to amend Egypt’s antitrust legislation accordingly. If enacted, the amendments would (...)

The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)

On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)

Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)

The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are forming (...)

In BritNed v ABB, the English Court of Appeal substantially reduced the UK’s first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for a more strict and punitive approach to damages in cartel claims. The (...)

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation (...)

On January 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2018 (...)

This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior (...)

On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this international financial hub. For the first time, the Hong Kong government (...)

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New rules issued by the Federal Trade Commission on July 7, 2011 will streamline some information required for the Hart-Scott-Rodino Act (“HSR Act”) Notification (...)

On June 1st 2011, the merger control provisions of the Indian Competition Act 2002 will finally enter into force. If you are contemplating M&A activity with binding agreements being signed as of tomorrow, you will need to carefully consider this new merger control regime. The Competition (...)

On May 11, 2009, the Antitrust Division of the Department of Justice (“DOJ”), in a speech by new Assistant Attorney General Christine A. Varney and a press release issued later in the day, formally withdrew the report entitled Competition and Monopoly: Single-Firm Conduct under Section 2 of the (...)

Introduction Businesses planning equity investments or M&A activity should take note of recent US antitrust developments regarding pre-merger notifications. On February 28, 2008, revised Hart-Scott-Rodino Act (“HSR”) jurisdictional thresholds took effect. (Press Release, Federal Trade (...)

The Federal Trade Commission’s recent report, Generic Drug Entry Prior to Patent Expiration (Federal Trade Commission, Generic Drug Entry Prior to Patent Expiration: An FTC Study, July 2002, ("FTC Report")), raises a number of competition issues that merit further discussion and research. This (...)