State AGs Step Up: Antitrust Enforcement Beyond the Federal Level

After a decade of litigation, the Court of Justice had every opportunity to say plainly whether pre-installation, by itself, is tying in an age of app stores. It declined. Bill Batchelor and fellow Skadden antitrust/competition partner Antoni Terra join host Jacqueline Arena to unpack the Google Android judgment: why the commission need not run a counterfactual analysis, how revenue sharing agreements can still form part of the factual context even when they are not themselves found abusive and the contentious paragraph suggesting tying can be an abuse without any as-efficient-competitor test. Jacqui also tracks related Google proceedings and regulatory developments in Australia, the U.S. and across APAC. Tune in for what a Commission-friendly ruling means for compliance and defense strategy in digital markets.💡 Meet Your Host 💡Name: Jacqueline ArenaTitle: Asia Pacific Counsel, Antitrust/CompetitionSpecialty: Jacqueline advises on international competition and EU antitrust issues. Based in Hong Kong, she has broad experience advising Asian companies across the APAC region. She also represents multinational clients across different industry sectors, including financial services and pharmaceuticals.Connect: LinkedIn💡 Featured Guests 💡Name: Bill BatchelorWhat he does: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements. He regularly represents clients on EU and global merger control matters and litigation.Organization: SkaddenWords of wisdom: “On the defense side, I don’t think AEC is dead. I think, as a practical matter, it is really hard for the EC to look at your thick economic submission, big data-crunching job showing that competition on the merits could actually happen here, and just wave a hand at it and say, ‘Oh, no, we don’t have to look at it.’”Connect: LinkedInName: Antoni TerraWhat he does: Antoni's practice focuses on complex merger control matters requiring EU, U.K. and international approvals. He also provides competition advice in relation to foreign subsidies, antitrust investigations, vertical agreements and compliance programs.Organization: SkaddenWords of wisdom: “So, for all of us, the takeaway that we can get, which is very European Commission-friendly, is that the European Court of Justice, in these judgments that we had very recently in Google Android, is basically saying you need to take a look at all the facts involved in the case, even if some of them are not perceived abusive, like revenue sharing agreements.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Antitrust/competition attorneys Evan R. Kreiner, Joseph M. Rancour and Justine M. Haimi discuss the rise of state attorneys general as independent antitrust enforcers. The conversation covers new mini-Hart-Scott-Rodino (HSR) filing regimes spreading across the country, California's aggressive legislative push, recent high-profile cases and how states are investing in enforcement resources — from new hires and dedicated units to outside counsel and expanded budgets. The episode also explores what this increased state activism means for deal makers navigating merger review and conduct litigation, including why companies can no longer assume that settling with federal enforcers will resolve state-level exposure.💡 Meet Your Host 💡Name: Joseph M. RancourTitle: Partner, Antitrust/CompetitionSpecialty: Joe has broad antitrust experience across a variety of industries, including semiconductors, technology platforms, telecommunications, medical devices, life sciences, chemicals and financial exchanges. He regularly represents clients before the Antitrust Division of the Department of Justice and the Federal Trade Commission.Connect: LinkedIn💡 Featured Guests 💡Name: Evan R. KreinerWhat he does: Evan represents clients in a broad spectrum of industries, including technology, health care and financial services, and his experience covers a diverse array of matters, from state and federal antitrust and unfair competition claims to contractual disputes.Organization: SkaddenWords of wisdom: "The thing that kind of set this case apart is that in the middle of trial, the DOJ reached a settlement with Live Nation that seemed to have come as a surprise to the state attorneys general that were prosecuting the case alongside them. That's not something that you would typically see particularly in the middle of trial."Connect: LinkedInName: Justine M. HaimiWhat she does: Justine represents clients in connection with the antitrust aspects of litigation, mergers and acquisitions and advisory matters, working across industries including health care, medical devices, insurance, consumer goods, telecommunications, energy and pharmaceuticals.Organization: SkaddenWords of wisdom: "Several states have implemented or are implementing so-called mini-HSR statutes. The ones that are in place now are fairly low burden, filings are based on revenues of the companies involved in the relevant state, and importantly, the statutes in place right now are not bars on closing. The goal of these statutes is really to get state regulators the same information federal antitrust regulators are receiving early on in a transaction’s lifetime to help inform enforcement priorities and flag deals that may have an outsized impact on certain states."Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify or your favorite podcast app.“Fierce Competition” is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

From Australia to Argentina to Africa, merger control regimes around the world are being reshaped in real time. Host Simon Dodd is joined by colleagues Georgios Zacharodimos, counsel in Brussels, and Jacqueline Arena, Asia Pacific counsel, for a sweeping tour of the developments reshaping global deals. Together they navigate five major themes: new and shifting filing requirements across multiple jurisdictions; the rise of suspensory requirements; institutional stability concerns in Mexico and beyond; low-nexus jurisdictions; and confidentiality in merger reviews.💡 Meet Your Host 💡Name: Simon DoddTitle: Senior Knowledge Strategy LawyerSpecialty: Simon is a senior knowledge strategy lawyer at Skadden, focusing on antitrust and competition law. His work concentrates predominantly on worldwide merger control laws, particularly involving jurisdictional and procedural issues, in addition to assisting the firm by providing cutting-edge and innovative solutions.Connect: LinkedIn💡 Featured Guests 💡Name: Jacqueline ArenaWhat she does: Jacqueline advises on international competition and EU antitrust issues. Based in Hong Kong, she has broad experience advising Asian companies across the APAC region. She also represents multinational clients across different industry sectors, including financial services and pharmaceuticals.Organization: SkaddenWords of wisdom: “For deal teams, if you're doing deals in Southeast Asia, it does put Indonesia back on the map in a real consideration for filings because it does change the nature of the filings from postclosing to preclosing, and that's always something to consider.”Connect: LinkedInName: Georgios ZacharodimosWhat he does: Georgios advises on all aspects of European and international antitrust and competition law, including merger control, foreign subsidies, digital regulation, abuse of dominance, cartels and antitrust compliance issues.Organization: SkaddenWords of wisdom: “While the overall global trend is towards more active enforcement, there are at least some signs that authorities are listening to concerns about proportionality and deal execution.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

The ABA 2026 Antitrust Spring Meeting gathered antitrust lawyers and practitioners – some 3,500 of them – for 70 panels in Washington, D.C. Host Bill Batchelor reports back along with Skadden antitrust/competition partners Evan Kreiner and Aurora Luoma. Drawing out the central themes from the conference, they cover the latest in merger control — from the CMA's "4 Ps" framework to the EU's revised guidelines and the fate of the FTC's expanded HSR form — as well as cartel enforcement trends including AI-driven investigations and algorithmic pricing, and notable market power developments in digital regulation and social media.💡 Meet Your Host 💡Name: Bill BatchelorTitle: Partner, Antitrust/CompetitionSpecialty: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on investigations, including abuse of dominance, cartels and vertical agreements.Connect: LinkedIn💡 Featured Guests 💡Name: Aurora LuomaWhat she does: Aurora covers competition law, including international merger control, antitrust investigations, state aid and sectoral regulation. She is based in London.Organization: SkaddenWords of wisdom: “The UK CMA has been rapidly shifting its approach to merger control enforcement in the past 18 months or so. What we heard at the ABA conference was a continued emphasis from the CMA officials on its shift to what it calls its "4 Ps" framework. So, that's greater predictability, pace, process and proportionality in merger review.”Connect: LinkedInName: Evan KreinerWhat he does: Evan is an experienced litigator in high-stakes antitrust trials against government regulators and private plaintiffs. He is based in New York.Organization: SkaddenWords of wisdom: "On the substance, people were quite interested in Judge Boasberg's evaluation and analysis, both the market that Instagram and Facebook – Meta's products that were challenged by the FTC – participate in, as well as how Judge Boasberg considered whether or not Instagram and Facebook have market power. So, market definition in that case was hotly contested.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to “Fierce Competition” on Apple Podcasts, Spotify, or your favorite podcast app.“Fierce Competition” is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

AI dominates headlines from both a deal and antitrust enforcement perspective. Antoni Terra, counsel in Skadden's Brussels office, moderates a discussion on recent developments and trends across Europe and the U.S. in the AI space with colleagues Mike Menitove, partner in Skadden's New York office, and Iacovos Antoniou, European counsel in Skadden's London office. The panel explores key merger control issues, the EU Digital Markets Act and U.K. Digital Markets Competition and Consumers Act, and ongoing litigation such as the U.S. Department of Justice’s challenge to Google's search business.💡 Meet Your Host 💡Name: Antoni TerraTitle: Counsel, Antitrust/CompetitionSpecialty: Antoni’s practice focuses on complex merger control matters requiring EU, U.K. and international approvals.Connect: LinkedIn💡 Featured Guests 💡Name: Mike MenitoveWhat he does: Mike represents clients in antitrust and complex litigation matters across a broad range of industries, including health care, agriculture, technology and sports, among others.Organization: SkaddenWords of wisdom: “U.S. regulators have expressed concerns about resources, inputs and the scale needed to compete in the generative AI space.”Connect: LinkedInName: Iacovos AntoniouWhat he does: Iacovos advises on all aspects of EU, U.K. and international competition law, including merger control, antitrust investigations and compliance with Articles 101 and 102 TFEU.Organization: SkaddenWords of wisdom: “Competition enforcement in the AI space is here to stay and potentially become more prevalent. So, it's definitely a good time to zoom in on competition principles and understand the regulatory direction.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Gone are the days when companies could simply agree with a handshake not to poach each other's IT staff. Today, violations in the labor market are receiving heightened scrutiny and are being addressed with greater severity. Host Bill Batchelor is joined by three Skadden colleagues to discuss the rapidly evolving enforcement landscape. Jim Fredricks, antitrust/competition partner in Washington, D.C., breaks down the U.S. prosecution strategy. Aurora Luoma, antitrust/competition partner in London, and Margot Sève, white collar defense and investigations partner in Paris, describe the environment in Europe. Tune in for valuable insights on why it is essential for clients to address labor law issues within their compliance programs.💡 Meet Your Host 💡Name: Bill BatchelorTitle: Partner, Antitrust/CompetitionSpecialty: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on investigations, including abuse of dominance, cartels and vertical agreements. Connect: LinkedIn💡 Featured Guests 💡Name: Aurora LuomaWhat she does: Aurora has a broad practice covering key areas of competition law, including international merger control, antitrust investigations, state aid and sectoral regulation. She particularly focuses on complex global mergers in the EU and U.K.Organization: SkaddenWords of wisdom: “We've seen the U.K. competition authority make statements that tie in enforcement in the labor market to wider policy priorities. So, in a recent speech, the CMA’s chief executive, Sarah Cardell, emphasized that well-functioning labor markets are widely recognized as an important driver of economic growth.”Connect: LinkedInName: Jim FredricksWhat he does: Drawing on over two decades of experience as an antitrust prosecutor at the U.S. Department of Justice, Jim counsels and defends clients in all types of antitrust investigations and prosecutions, as well as other complex and multijurisdictional actions brought by government enforcers, including price fixing, bid rigging, market allocations, no-poach agreements, algorithmic pricing and criminal monopolization.Organization: SkaddenWords of wisdom: “The United States is very clear in its position that wage fixing, no-poach are irredeemable in the same way as price fixing and customer allocations. And so, the per se rule applies, which means, as a matter of law, it's unlawful regardless of any justification that the participants may offer or whether there is any harm or not. And there's been some skirmishing on that issue, and DOJ has mostly won, but not completely.”Connect: LinkedInName: Margot SèveWhat she does: Margot works on cases involving complex cross-border compliance and enforcement matters. These representations include the resolution of proceedings involving French and U.S. regulatory agencies and prosecutors relating to corruption, economic sanctions, money laundering, terrorism financing, market manipulation, financial fraud and competition laws.Organization: SkaddenWords of wisdom: “The [EU] commission generally allows restricting the seller from hiring employees of a divested business for up to three years under certain conditions. And so, these are called ‘ancillary restraints’ because they are ancillary to the main agreement. So, standard non-solicitation covenants could also be justified in a cooperation agreement such as a subcontracting or consortium agreement. Even if criteria are met, the conditions are very strict.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

The antitrust landscape in both the EU and U.S. is rapidly evolving as legacy legal frameworks, including Article 102, are being adapted to address digital platform dominance and new forms of monopolistic behavior. With the arrival of Teresa Ribera to the European Commission and a new U.S. administration, enforcement priorities are shifting toward digital markets, with a particular emphasis on speedy investigations, compliance and innovative theories of harm that go beyond traditional price and output concerns. Host Bill Batchelor unpacks the latest developments with Skadden colleagues Michael Frese and Justine Haimi. The discussion highlights recent high-profile cases involving Google, Apple and Amazon, examining the use of commitment decisions and the growing influence of the Digital Markets Act. 💡 Meet Your Host 💡Name: Bill BatchelorTitle: Partner, Antitrust/CompetitionSpecialty: Bill focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements.Connect: LinkedIn💡 Featured Guests 💡Name: Michael FreseWhat he does: Michael has more than 10 years of experience advising companies on all aspects of EU competition law and various areas of EU and national market regulation, including the Digital Markets Act and Digital Services Act.Organization: SkaddenWords of wisdom: “In August 2024, the commission issued draft guidelines and exclusionary abuses. These guidelines were meant to help undertakings self-assess their practices, but also to provide guidance to courts. One is hard pressed to find clear guidance in these draft guidelines other than the notion that the commission should have wide discretion.”Connect: LinkedIn Name: Justine Haimi  What she does: Justine represents clients in connection with the antitrust aspects of litigation, mergers and acquisitions and advisory matters. She has worked with clients across a diverse range of industries, including health care, medical devices, insurance, consumer goods, telecommunications, energy and pharmaceuticals.Organization: SkaddenWords of wisdom: “President Trump has appointed Andrew Ferguson as chairman of the FTC and Gail Slater as the assistant attorney general responsible for antitrust at the DOJ. Both agency heads have stated that they plan to continue investigating big tech and more vigorously crack down on monopolies, but we may also expect to see some shifts in enforcement from the prior administration.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Antitrust premerger notification just became more complex. The Hart-Scott-Rodino (HSR) Act premerger form underwent substantial changes in February 2025, requiring significantly more information from merging parties. Host Rita Sinkfield Belin and her Skadden colleagues Joe Rancour and Joe Ciani-Dausch offer insights on the new requirements. The discussion highlights the 10 most notable changes, explores how these updates are being implemented and provides initial observations on what may lie ahead.💡 Meet Your Host 💡Name: Rita Sinkfield BelinTitle: Counsel, Antitrust/CompetitionSpecialty: Rita advises on the Hart-Scott-Rodino (HSR) Act review process required to obtain federal antitrust approval for various types of acquisitions, including large, complex M&A and joint venture transactions.Connect: LinkedIn💡 Featured Guests 💡Name: Joe Ciani-DauschWhat he does: Joe represents clients in antitrust aspects of mergers and acquisitions, litigation at the trial and appellate court levels, arbitration and counseling.Organization: SkaddenWords of wisdom: “The FTC itself estimated that it would take three times as much time on average to prepare the filing, even more in the case where there are overlaps between the parties. And, as we're preparing filings under the new rules, we're definitely seeing that that is, if anything, I think an underestimate.”Connect: LinkedIn Name: Joe RancourWhat he does: Joe represents clients in connection with antitrust aspects of mergers and acquisitions, investigations, counseling and litigation.Organization: SkaddenWords of wisdom: "Preparation and self-awareness are going to be the name of the game under the new regime. The aperture is widening in terms of what the government's going to see early in the process. And that doesn't mean that it's a cause for concern. It means that you have to know what's in your files."Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Skadden antitrust partners Aurora Luoma and Bill Batchelor delve into the significant legislative and policy changes in U.K. competition law that took effect at the beginning of 2025. These changes, introduced by the Digital Market Competition and Consumers Act (DMCC), aim to address gaps in merger control and the digital markets regime while enhancing the enforcement capabilities of the Competition and Markets Authority (CMA). The conversation highlights changes in the CMA's jurisdiction, particularly in reviewing mergers; procedural changes, such as the ability to fast-track to Phase 2; and the introduction of the strategic market status (SMS) regime. Bill and Aurora also provide insights into the political dimensions influencing the CMA's approach and the potential impact of recent leadership changes within the agency.💡 Meet Your Hosts 💡Name: Aurora LuomaTitle: Partner, SkaddenSpecialty:  Aurora has a broad practice covering key areas of competition law, including international merger control, antitrust investigations, state aid and sectoral regulation.Connect: LinkedInName: Bill BatchelorTitle: Partner, SkaddenSpecialty: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements. Connect: LinkedIn Connect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Antitrust regulators throughout the world often use their authority to review transactions that fall below filing thresholds. Host Julia Zhu invites Skadden colleagues Joseph Rancour and Niels Baeten to discuss how these deals fit in the global regulatory picture. The three antitrust attorneys cover ways in which enforcement is carried out, how deal-makers know if their transactions are called in and what the future holds in this area. Joe describes the legal frameworks and enforcement activities in the U.S., Niels discusses the environment in the EU and U.K. — including implications of the European Court of Justice’s landmark ruling in Illumina/Grail — and Julia covers the view among regulators in the Asia-Pacific region. 💡 Meet Your Host 💡Name: Julia ZhuTitle: Counsel, Antitrust/CompetitionSpecialty: Julia focuses on antitrust and competition law in China, Asia, the European Union and other jurisdictions.Connect: LinkedIn💡 Featured Guests 💡Name: Joseph RancourWhat he does: Joseph represents clients in connection with antitrust aspects of mergers and acquisitions, investigations, counseling and litigation.Organization: SkaddenWords of wisdom: “HSR-reportable deals are certainly going to be the focus of attention for the agencies, but they’ve shown time and again that in cases where non-reportable deals pose significant competition issues … they have no compunction about going after those deals, investigating them and even challenging them when the facts are right.”Connect: LinkedInName: Niels Baeten  What he does: Niels covers all aspects of EU, international and Belgian competition law, including merger control, state aid and foreign subsidies, digital regulation, abuse of dominance, cartels and antitrust compliance issues.Organization: SkaddenWords of wisdom: “While the [European] Commission hasn’t yet decided which way to go to review such deals following Illumina/Grail, the issue will really be a key focus for the commission in the coming months, no doubt. So we’re very much watching this space.”Connect: LinkedInConnect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to Fierce Competition on Apple Podcasts, Spotify, or your favorite podcast app.Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.