Brian Byrne

The New York state Senate has passed the “Twenty-First Century Antitrust Act” (S. 933) to amend its state antitrust law, radically changing the risks of doing business in New York. It ostensibly aims at so-called “Big Tech,” but applies to all businesses, even those having very little contact with (...)

On December 22, 2020, the US Federal Trade Commission (the “FTC”) issued a Commentary on Vertical Merger Enforcement. This follows the recent issuance of revised Vertical Merger Guidelines published jointly by the FTC and Department of Justice (the “Agencies”) on June 30, 2020. While the Guidelines (...)

On June 30, 2020, the US Department of Justice and Federal Trade Commission (the “Agencies”) published final Vertical Merger Guidelines. Draft Guidelines were previously released for public comment on January 10. The Guidelines largely reflect the Agencies’ current approach and do not appear to (...)

On 24 September 2019, the General Court (the ‘Court’) upheld the European Commission’s (the ‘Commission’) ruling ordering Luxembourg to recover EUR 23.1 million from Fiat Chrysler Finance Europe (‘FFT’) and annulled the Commission’s ruling ordering the Netherlands to recover EUR 25.7 million from (...)

Last week the European Commission (“Commission”) published its eagerly awaited preliminary report on the e-commerce sector inquiry (the “Report”) and opened a two-month public consultation on the Report. In this alert, we explain the background to the Report, the Commission’s main findings, and (...)

Last year, the European Commission opened formal EU State aid investigations into specific cross-border tax arrangements relied on by Apple (in Ireland), Starbucks (in the Netherlands), Fiat Finance and Trade, and Amazon (both in Luxembourg). On 21 October 2015, the Commission announced that (...)