Jennifer (Jenn) Mellott is a Partner at Freshfields Bruckhaus Deringer. She is jointly based in the firm’s Brussels and Washington DC offices, and advises clients on multi-national transactions and other competition matters. Jenn’s dual location makes her exceptionally well placed to advise on a range of US, EU and international antitrust law issues. She advises on all aspects of US and EU competition law, including merger control, antitrust compliance counselling, antitrust litigation and behavioural investigations. She has extensive experience representing clients in complex Second Request and Phase II merger control proceedings and cartel investigations in the US, EU, and UK. Jenn has experience advising clients in various industry sectors, including pharmaceutical and life sciences, telecommunications, technology, industrials, and financial institutions. Jenn joined Freshfields in Washington in 2012. She was resident in Freshfields’ Hong Kong office in the second half of 2012 and has been jointly based on Washington and Brussels since 2018. Jenn was a member of the Competition Law360 Editorial Board in 2020 and has authored articles on various antitrust and competition topics for Concurrences, the Antitrust Bulletin, and the ABA Antitrust Magazine. She also developed and hosts Freshfields’ Competition podcast, Essential Antitrust. Jenn has been recognised in Law Business Research’s Competition Future Leaders guide for the past 4 years.
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Since the last publication in 2012, the world has changed in innumerable ways—and with it, every corner of the telecom sector. Geopolitical changes have brought an onslaught of supply chain, national security, and foreign policy concerns—for government, industry, consumers, everyone. “Unexpected”, “unimaginable”, and “unprecedented’ became routine descriptors for world shifting events, from Brexit in 2016, Covid-19 shutting down much of the world in 2020, to increasing tensions between China and certain Western countries, the Russian war with Ukraine, and beyond. Technological changes abounded, from 4G to 5G technology development and deployment, semiconductor advances, ORAN, artificial intelligence use cases for network optimization and beyond. Changes also came in the form of new industry participants and partnerships and changes in competitive forces and dynamics. In a short period of time, competition has emerged from traditional partners to established companies in the telecommunications space and from competitors in adjacent areas, such as tech companies and hardware or equipment suppliers. These changes have certainly changed the calculus for companies in the telecom space considering mergers and acquisitions. The substantive legal approaches, by contrast, may be generally less dramatically affected with some key exceptions in the United States in particular where the enforcers are willing to risk a loss in court in an attempt to extend the law to fit their view of how the substantive law should be interpreted. This foreword starts with developments in Europe, continues with our analysis of the same in the US, and finishes with our outlook for the future. In short, the last decade has been a whirlwind, and we expect changing technology and new competitive dynamics to keep things interesting going forward.
Les processus d’examen des concentrations et des accords multinationaux sont devenus significativement plus compliqués au cours de ces vingt dernières années. La coordination croissante entre les autorités de la concurrence à travers le monde engendre de nouvelles considérations au (...)
Aux Etats-Unis, lors des contentieux civils liés à la réparation des dommages causés par des infractions au droit de la concurrence, les dossiers de la Commission constituent une source de preuves considérable à l’encontre des participants au cartel. C’est à ces dossiers que les demandeurs (...)
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