Tag Archives: Alvaro Mateo Alonso

Developments in Antitrust Law: Keep an Eye on New York

by Perry A. Lange, Brian K. Mahanna, Nicole Callan, and Alvaro Mateo Alonso

Although much attention recently has been focused upon debates in Congress, potential legislative changes to U.S. antitrust law are not limited to proposals at the federal level. Many states are considering changes to their own antitrust laws, which usually can be enforced by state attorneys general and private plaintiffs. Importantly, New York legislators have introduced two bills that propose sweeping changes to the State’s antitrust law, the Donnelly Act, building on measures introduced in New York’s last legislative session. Continue reading

Antitrust and Competition: Investment Firms’ Voting Rights—The Devil is in the Potential Antitrust Liability

by Frédéric Louis, Anne Vallery, Álvaro Mateo Alonso, and Édouard Bruc

On January 27, 2021, the Court of Justice of the European Union (“CJEU”) issued an important  ruling regarding an investment fund’s liability for the cartel behaviour of an affiliate. The CJEU confirmed that an investment fund is liable under Article 101 of the Treaty on the Functioning of the European Union based on holding 100% voting rights over an indirect affiliate that participated in a cartel, even though the fund held well below 100% equity in that affiliate during part of the relevant period (see here). This judgement tips the scales towards enforcement and away from key defence principles such as the presumption of innocence, or the requirement to sanction only the actual offender. Nonetheless, it sheds some useful insight for financial investors to mitigate antitrust exposure. Continue reading