Antitrust Writing Awards 2017 ANTITRUST PROFESSIONAL PUBLICATIONS NEWSLETTERS & CLIENT ALERTS 2017201 SURVEYSURVEY REPORTREPORT POOL & METHODOLOGY The Survey was sent from November 29, 2016 to January 18, 2017 to 4,685 in-house counsels. The counsels interviewed cover more than 15 industries. Among these counsels, 25% are General Counsels and 75% Antitrust Counsels. 52% of the respondents completed the survey online. 48% were interviewed and offered their opinion over the phone. Individual answers are kept confidential; only aggregated data are provided herein. Survey Coverage per Geographical Area Survey Coverage per Industry 10 % 13 11 10 % 10 9 8 8 8 Europe 7 America 6 5 5 Asia 40 % 4 3 3 10 % Africa Oceania Energy Media Luxury Automobile Transports Other Industry Entertainment Other Sevices Other Industry Agricultural Products Information Technology 30 % Financial Services/Insurance Pharmaceuticals/ChemicalTelecommunications/Postal Industry Services Survey Coverage: Represented Corporations (excerpt) Aerospace/Defense Airbus, Boeing, Dassault, EADS, Safran, Snecma, Thales... Agriculture/Food Products AB-InBev, Coca-Cola, Bacardi, Kraft, Nestle, Panzani, Pepsico, Saint Louis Sucre... Automobile Ford, General Motors, Nissan, PSA, Renault, Toyota, Volkswagen, Volvo... Energy American Electric Power, BP, E-On, EDF, Exxon, Framatome, GDF Suez, IFP, Powernext, RTE, Shell, Suez Tractebel, Total... Financial Services/Insurance ABN Amro, AGF, American Express, AMF, Axa, Bank of America, Banksys, Banque postale, BNP Paribas, Calyon Bank, Cetelem, CDC, CIC, Cinven, Citigroup, Clinvest, Coface, Credit mutuel, Eurazeo, Euronext, Exane, FBF, Fortis, Groupama, ING, IXIS, JP Morgan, Lazard, Mastercard, Rothschild, Scor, Société Générale, Swift, Thomas Cook, UBS, Weinberg Capital, Wendel, Winterthur, World Bank... Entertainment 21st Century Fox, Clear Channel, Time Warner, Viacom, Walt Disney, Warner Music... Information Technology Amazon, Apple, Ericsson, Google, Hewlett-Packard, IBM, Iliad, LD Com, Microsoft, Nexans, Oracle, Qualcomm, Rim, Samsung, Sony, Spot, Sun Microsystems, Symantec... Luxury Burberry, Chanel, Coach, Hermès, Lacoste, L’Oréal, LVMH, PPR... Media AFP, Amaury Media, Aspen, Bayard, Canal +, Deezer, e-Bay, Financial Times, Grolier, Hachette, Lagardere, LCI, Lexis Nexis, Mlex, Odile Jacob, Prisma Presse, Publicis, Sacem, The Economist, Thomson Reuters, RMC, Sweet & Maxwell, Wolters Kluwer... Other Industry Alcoa, Alcan, Arcelor Mital, Areva, Air Liquide, Bic, Cargill, Colas, Cegelec, Danone, Decathlon, Eramet, General Electric, Holcim, Kodak, Lafarge, Lenovo, Lesaffre, Michelin, ONF, Plastic Omnium, Pioneer, Philips, Michelin, Panasonic, Saint Gobain, Sagem, Samsung, Schindler, Schneider Electric, Siemens, Sony Ericsson, Suez, Tetra Pack, Titan, Thomson, Valeo, Vallourec, Vicat, Vinci Construction, Zodiac... Pharmaceuticals/ Abbott, Aventis, Arkema, AstraZeneca, Bayer, BASF, Boiron, Colgate, Clarian, DuPont de Nemours, Ecolab, GlaxoSmithKline, IMS, Ipsen, Johnson Chemical Industry and Johnson, Monsanto, Novartis, Pfizer, Procter & Gamble, Rhodia, Sanofi, Servier, Solvay, Unilever... Telecommunication/ Alcatel, AT&T, Belgacom, British Telecom, Bouygues Telecom, Cegetel, Chronopost, Emettel, Geopost, La Poste, Neopost, Orange, SFR, Rom Postal Services Telecom, Sita Aero, TDF, Telecom Italia, T-Mobile, Verizon... Transports ADP, Air France, American Airline, British Airways, Chargeurs Interlining, Eurotunnel, SNCF, Thalys, Virgin, United Airlines... Other Services Altran, ASF, Auchan, Avisa, Bouygues, Brinks, Bwin, Capgemini, Carrefour, Carlson Wagonlit, Club Med, FFF, Fnac, ILEC, Iveco, JC Decaux, Manpower, Mangas Gamin, MEDEF, LPF, Partouche, Presstalis, Price Minister, PMU, Publicis, Saur, Sanef, Sodexho, Sothebys, Vediorbis, Veolia, Vivendi, SAP, Sodexho, Suez, Walmart... 2 - ANTITRUST PROFESSIONAL PUBLICATIONS - 2017 SURVEY REPORT TABLE OF CONTENTS EXECUTIVE SUMMARY WHY A SURVEY? 4 This Report summarizes the results of the Survey designed by Concurrences Review for the 2017 Antitrust Writing Awards. INTERPRETATION The Aim of the Survey is to assess in-house counsel’s readership and choices when OF RESULTS 5 it comes to antitrust client alerts released by law firms and related professional publications such as newsletters, briefs, memoranda, etc. 1. FACTS The Survey leads to 26 findings (see pp. 5-9). Here are the 6 key findings: QUANTITY 5 FREQUENCY 5 CATEGORIES: GENERAL VS. SPECIALIZED 5 The shortcoming most commonly READING TIME 6 cited is the insufficiency of practical orientation and relevance (see p. 9). BROWSING 6 98% of in-house counsels receive antitrust USAGE: READING VS. client alerts (see p. 5). SAVING/PRINTING 6 FORWARDING 6 65% BENEFITS 7 of in-house counsels find client alerts SENDERS: TOP 30 LAW FIRMS 7 87% relevant—to some extent—to their practice (see p. 8). of in-house counsels link the quality 2. ASSESSMENT of the client alerts to their opinion of law firms (see p. 9). QUALITY 8 RELEVANCE 8 31% SHORTCOMINGS 9 of client alerts are just browsed (and not read): carefully crafting titles is key LAW FIRMS’ REPUTATION 9 37% (see p. 6). of in-house counsels have contacted BUSINESS CONTACT/ HIRING 9 a given lawyer at least once after reading his/her client alerts. 45 % have APPENDIX retained him/her (see p. 9). 15 RECOMMENDATIONS 10 RANKING 11 An Appendix lists 15 recommendations on format and content expressed by in-house counsels (see pp. 10-11). ANTITRUST PROFESSIONAL PUBLICATIONS - 2017 SURVEY REPORT 3 WHY A SURVEY? This is the first survey and ranking of Antitrust Professional Second, this report also provides feedback for authors of Antitrust Publications of its kind, i.e., publications such as client alerts, Professional Publications (i.e., law firms) as it include qualities, newsletters, briefs, memoranda, etc., released by law firms. shortcomings, and other comments made by in-house counsels While the number of these publications is constantly increasing, on how newsletters and alerts should be written. their quality and worth vary greatly. At the same time, clients have limited time to search, browse, and read such publications. The complete results of this Survey are summarized in the following pages. This Survey report is meant to achieve a two-pronged result. There are around 80 Antitrust Professional Publications published First, it may serve as a guide for recipients of Antitrust Professional on a weekly, monthly, or quarterly basis. The Survey limits itself Publications (i.e., in-house counsels) in order to make it easier to the most 30 important ones viewed on a global scale. for them to select and read only those publications that are more interesting and relevant to their practice. List of Law Firm Publications Reviewed Allen & Overy Gibson Dunn Paul Weiss Arnold & Porter Hausfeld Proskauer Ashurst Herbert Smith Freehills Shearman & Sterling Baker McKenzie Hogan Lovells Sidley Austin Cleary Gottlieb Jones Day Simmons & Simmons Clifford Chance Kirkland & Ellis Skadden Arps Covington & Burling Linklaters Slaughter and May Davis Polk Mayer Brown Weil Gotshal & Manges Dechert McDermott White & Case Freshfields Norton Rose Fulbright Winston & Strawn CONTACT If you want to learn more about this Survey Report and the Newsletters Ranking, contact [email protected] 4 - ANTITRUST PROFESSIONAL PUBLICATIONS - 2017 SURVEY REPORT INTERPRETATION OF RESULTS The Survey included 26 questions aimed at assessing the in-house counsels’ opinion of Antitrust Professional Publications in relation to their features, qualities & defects, and practical usage. The Survey is divided in 2 parts: Part 1 deals with Facts, Part 2 deals with Assessment. 1. FACTS QUANTITY The Survey first asked how many In-house counsels are subject to intense How many different Antitrust Antitrust Professional Publications are marketing from numerous law firms. 42.5% Professional Publications received by each responding in-house of respondents get between 5 and 8+ Antitrust do you receive? Professional Publications. 57.4% receive counsel. The most striking result is that 4,3% between 1 and 4 antitrust alerts. 2% all interviewed in-house counsels receive 0 at least one Antitrust Professional The option of not publishing - or not sending 8,5% 1 Publication. - any type of Antitrust Professional Publications 2 should be carefully assessed by law firms as 27,8% 3 their clients or prospects will be reached by 19,1% 4 other firms in any case. 2,1% 5 6 10,6% 25,5% More than 8 FREQUENCY The Survey then focused on how often The industry standard is set on ad hoc How often do you receive Antitrust Professional Publications are publications based on news, as opposed to Antitrust Professional regular journals or magazines which have released, sent out and thus received by Publications? in-house counsels. As the chart at the a regular periodicity. right shows, 65.3% are ad hoc publica- Daily Law firms choosing to release their alerts 2% tions that are released to coincide with a periodically need to carefully assess this Weekly 18,4% recent piece of legislation or decision. against their internal resources and skills in Monthly 18.4% of Antitrust Professional Publica- terms of consistency and regularity. Depends on the tions are released on a weekly basis, publication 14,3% 14.3% are released on a monthly basis. 65,3% CATEGORIES: GENERAL VS. SPECIALIZED Are these publications general As to the type of Antitrust Professional Most Antitrust Professional Publications - i.e., covering various business law Publications, as shown by the chart at