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Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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United States | Publication | March 2020
Updated: March 30, 2020
As the US reacts and adjusts to the developing COVID-19 (coronavirus) situation, the two federal antitrust agencies – the Federal Trade Commission and the US Department of Justice Antitrust Division – have revised certain rules and procedures to their civil merger investigation processes to address these new challenges.
The FTC and DOJ have shifted most personnel to remote work arrangements, but agency staff have demonstrated a willingness to be reasonable and accommodating as both the agencies and merging parties navigate the developing impacts of COVID-19. The agencies are in the process of testing the full capacity of their remote work systems. Although our antitrust lawyers have received no indication this is the case, should agency IT systems be unable to support remote access volumes, agency staff may be forced to triage workload to accommodate system limitations. The FTC has indicated it will modify timing agreements where “an unmodified time period does not allow [the FTC] to address competitive concerns.”1 Similarly, the DOJ has indicated a willingness to “revisit its timing agreements with merging parties in light of further developments.” 2
Norton Rose Fulbright’s antitrust and competition team provides the following update regarding the state of US antitrust transaction reviews.
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Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
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The English High Court has given its judgment in the legal battle between FW Aviation (FWA) and VietJet Aviation Joint Stock Company (VietJet). This case revolved around the enforcement of leasing agreements for four Airbus aircraft and the alleged interference by VietJet in the aircraft’s repossession in Vietnam.
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