On November 14, 2024, the U.S. Department of Justice (“DOJ”) Antitrust Division (the “Division”) released guidance for the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). The Guidance will be used by the Division in assessing the adequacy and effectiveness of a company’s antitrust compliance program when making a charging or resolution decision.[1]

On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP.  Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition. 

On September 17, 2024, the President of the European Commission, Ursula von der Leyen, announced the structure of the new Commission and her nominees to serve as Commissioners for the upcoming 5-year term (2024-2029). Each of these nominees will be scrutinized and need to be confirmed by the EU Parliament in the coming weeks.

On September 14, 2024, China’s SAMR published streamlined notification and publicity forms for cases reviewed under its simplified merger review procedure (“Simple Cases”).  The revised forms will take effect as of October 12, 2024.

In this episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by a panel featuring Jackie Holland, Cleary partner and former Senior Director of the UK Office of Fair Trading; Ricardo Zimbrón, former Director of Mergers at the Competition & Markets Authority and currently a partner at Cleary; Alexander Baker, CEO, Fingleton; and John Gray, Partner, FGS Global, to discuss the implications of the new Labour Government for competition enforcement and practice in the UK. Their conversation covers an array of topics, including the new government’s growth agenda, the role of politics in antitrust enforcement, merger control, consumer protection, digital regulation, and much more.

On September 3, 2024, in a landmark decision, the European Court of Justice – the EU’s highest court – ruled in favor of Illumina in its challenge to the EC’s unprecedented assertion of jurisdiction over a transaction that met no notification thresholds at either EU or Member State level.

On September 5, 2024, the European Commission (“Commission”) published a Staff Working Document[1] summarizing the outcome of an evaluation of Regulations 1/2003 and 77/2004, which govern the procedural framework for enforcing EU competition rules under Articles 101 and 102 TFEU (“EU Antitrust Enforcement Framework”).  On the same day, the Commission adopted a report on the use of interim measures by National Competition Authorities (“NCAs”).[2]