On 23 December 2024, Canada’s Competition Bureau published draft guidelines concerning environmental claims and compliance with the Competition Act (the “Act”) for public consultation. Updated guidance on environmental claims has been much anticipated following recent amendments to the Act that explicitly prohibit greenwashing as a form of deceptive marketing.
On December 11, 2024, the US Department of Justice and the Federal Trade Commission announced the withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors. These guidelines outlined the agencies’ views on how competitor collaborations should be analyzed under the antitrust laws and provided “safety zones” for certain types of collaborations that the agencies stated would not be subject to challenge.
The FTC vote to withdraw the guidelines was 3-2, with the two Republican commissioners writing dissenting statements criticizing the FTC’s Democratic leadership for the timing of its decision—noting the upcoming change of administration and the lack of action for the preceding ~four years.
The Australian Parliament passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 without any amendments on 28 November 2024, marking a new chapter for merger control in Australia.
The merger laws are slated to come into effect on 1 January 2026 and will constitute a significant departure from the existing voluntary regime. Companies will need to take account of these changes for their acquisition strategies (including planning and execution) for both local and multi-jurisdictional deals over the next 12 months.
Since 19 July 2024, companies operating in the Czech Republic have faced significant changes in their legal obligations when undergoing mergers, spin-offs and other transformations. The new legislation follows the EU Directive on cross-border conversions, mergers, and demergers. It aims to streamline the transformation process, reduce administrative costs and bureaucratic burdens.
On 12 November 2024, the US Department of Justice Antitrust Division updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP). The additions include guidance such as using “managers at all levels” to “set the tone from the middle” by “demonstrating to employees the importance of compliance,” establishing policies that account for the use of “ephemeral messaging or non-company methods of communication,” applying “data analytics tools in . . . compliance and monitoring,” and involving compliance personnel in “the deployment of AI and other technologies to assess the risks they may pose.” Additionally, the ECCP now addresses its application to civil investigations.
Proposed changes to Australia’s merger control regime were introduced to Parliament last month following extensive public consultation.
As a key element of the reforms, the new legislation will enable the ACCC to request that the Treasurer designate certain sectors of the economy where all mergers, acquisitions or other transactions would require approval from the ACCC, regardless of transaction size.
Comments made by the ACCC and the Treasury over the course of the reform consultation process indicate that the ACCC will use its increased powers under the new regime to examine transactions in the pathology and oncology-radiology sectors.
The U.S. Supreme Court has denied appeals from both parties from the December 1, 2023, decision of the U.S. Court of Appeals for the Fourth Circuit reversing DOJ’s criminal conviction of a former executive of an aluminum products manufacturer for failure to state a per se antitrust offense under the Sherman Act. The Fourth Circuit held that the trial court erred in applying the per se rule without considering that the alleged scheme took place within the context of a “dual distribution” relationship among competing bidders, who also maintained a supplier relationship. The Fourth Circuit denied DOJ’s petition for an en banc rehearing.
On 1 November 2024, the Swedish Competition Authority has started applying its statement regarding free access to procurement documents. This means that contracting authorities are now, according to the Swedish Competition Authority, expected to make standard contracts such as AB04 and ABT06 available free of charge to tenderers in all public procurement processes.
Proposed changes to Australia’s merger control regime were introduced to Parliament last month following extensive public consultation.
As a key element of the reforms, the new legislation will enable the ACCC to request that the Treasurer designate certain sectors of the economy where all mergers, acquisitions or other transactions would require approval from the ACCC, regardless of transaction size.
Comments made by the ACCC and the Treasury over the course of the reform consultation process indicate that the ACCC will use its increased powers under the new regime to examine transactions in the pathology and oncology-radiology sectors.
On 10 October 2024, the Federal Government introduced the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (“Bill”) to Parliament. The Bill will amend the Competition and Consumer Act 2010 (“CCA”) to implement a mandatory and suspensory merger control regime in place of the former voluntary regime.
The Bill has been introduced following extensive public consultation, resulting in a number of important changes to the proposal set out in the earlier exposure draft.