Shearman & Sterling LLP
Issue link: https://digital.shearman.com/i/1146712
S H E A R M A N & S T E R L I N G L L P | 3 We also highlight other noteworthy international antitrust enforcement trends and developments, including: tougher implementation of procedural rules in merger control; CFIUS reform; a resurgence of conglomerate theories of harm in merger control in the European Union (EU); the apparent decline in leniency applications; the extension of parental liability for EU infringements; an increased focus on employee no-poach agreements; extraterritorial application of U.S. and EU antitrust laws; Germany's modernization of its abuse of market power law for use in the digital age; antitrust enforcement against online platforms' use of data; the importance of two-sided market analysis in the United States Supreme Court's decision in Ohio v. American Express; international comity with the Supreme Court's decision in the Vitamin C Antitrust Litigation; and the European Courts' first step towards recognizing creditors' interests in State aid decisions. In 2018 we recruited Ben Gris to our D.C. office, building on the expansion of our U.S. team with the addition in 2017 of a five-partner team led by David Higbee and Bruce Hoffman. Ben is the former Assistant Director of the Mergers II Division of the Bureau of Competition at the Federal Trade Commission and brings a wealth of experience to the team, in particular with regard to merger control and litigation. Our group's continued success is attributable to the talent, hard work and commitment of all our lawyers and staff. On behalf of the firm, we express appreciation and gratitude to our team. You, our clients, are self-evidently at the heart of what we do. Thank you for entrusting us with your antitrust needs and we wish you every success in 2019. DAVID HIGBEE Global Antitrust Practice Group Leader MATTHEW READINGS Global Antitrust Practice Group Leader Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S. under the Trump Administration.