Antitrust

Antitrust - 2018 Annual-Report

Shearman & Sterling LLP

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FOREWORD Foreword 01 What Role for Fairness in EU Competition Policy and Enforcement? 02 Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation's Critical Industries? MERGER CONTROL 03 Gun-Jumping and Procedural Compliance 04 HSR Clearance Does Not Provide Immunity from Investigation or Challenge 05 Mergers and Innovation: A New Theory of Harm? 06 EU Joint Ventures post-Austria Asphalt 07 The DOJ's Evolving Approach to Consent Decrees CARTELS 08 Artificial Intelligence and Algorithms in Cartel Cases: Risks in Potential Broad Theories of Harm COMPLIANCE 09 Antitrust Enforcement Under the Trump Administration 10 An Update on Brexit and (Current) Implications on Trade 11 Vertical Agreements in the Online Sales of Goods UNILATERAL CONDUCT 12 Abuse of Dominance Concerning Online Platforms 13 Excessive Pricing, 'Pay-For-Delay' and Rebates: A New Era of Enforcement in the Pharmaceutical Industry 14 The Intel Ruling: A New Dawn? ANTITRUST LITIGATION 15 Reverse Payment Patent Settlements in the Pharmaceutical Industry: A Year in Review 16 Antitrust Discovery and International Comity: Limitations to Document Production 17 United States v. BMI 18 The Winding Road to the Supreme Court: United States v. American Express Co. STATE AID 19 Unsteady Foundations: The European Commission's New Approach to Infrastructure State Aid 20 The European Commission Investigates U.K. Tax Rules THE ANTITRUST TEAM 110 THOUGHT LEADERSHIP 116 ABOUT SHEARMAN & STERLING 120 2 64 18 78 42 98 48

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