Key Takeaways -
The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU.
The White Paper suggests that the...more
8/12/2020
/ Anticompetitive Behavior ,
Competition Authorities ,
Compliance ,
Corporate Counsel ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Subsidies ,
Member State ,
Public Consultations ,
Public Procurement Policies ,
Regulatory Burden ,
Subsidies ,
White Papers
Key Takeaways -
- Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.
- Several countries have adapted their existing FDI rules, or...more
7/29/2020
/ Australia ,
Austria ,
Biotechnology ,
Canada ,
CFIUS ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Czech Republic ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
France ,
Healthcare Facilities ,
Hungary ,
Italy ,
Japan ,
Medical Devices ,
Member State ,
Mergers ,
New Zealand ,
Pharmaceutical Industry ,
Poland ,
Slovenia ,
Spain ,
Threshold Requirements ,
UK ,
Voting Rights
....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more
7/25/2020
/ Antitrust Investigations ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Merger Controls ,
Merger Remedies ,
Mergers ,
Pharmaceutical Industry ,
Phase II ,
Popular ,
Vertical Mergers
The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more
5/18/2020
/ Acquisitions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Member State ,
Mergers ,
National Security Review Proceedings ,
New Regulations ,
Non-EU Investors ,
UK Brexit
Germany’s cabinet has approved draft legislation designed to tighten the country’s foreign investment control (“FDI”) regime. The draft bill pre-dates the coronavirus crisis but comes amid growing fears that non-EU investors...more
Fast Facts -
United States
- The COVID-19 pandemic has yet to slow U.S. merger enforcement, with deal reviews for Q1 2020 averaging 11.1 months in length, slightly below the 11.9 month average for CY 2019.
- The...more
Relaxation of antitrust rules to avoid shortages of supply. On 23 March 2020, the European Competition Network (ECN) issued a statement acknowledging that the current situation “may trigger the need for companies to cooperate...more
4/3/2020
/ Antitrust Investigations ,
Collaboration ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
European Commission ,
European Competition Network (ECN) ,
Medical Supplies ,
Public Health Emergency ,
Relief Measures ,
Supply Chain ,
UK Competition and Markets Authority (CMA)
Strong signal that the EU wants to protect its critical businesses and that the European Commission’s “advisory” role under the EU FDI Regulation will be significant .
Key Takeaways -
In response to concerns raised by...more
All forms of movement are under serious threat in the current global climate: with an estimated 1/4 of the world’s population in lock down, this unprecedented government intervention has slashed passenger demand and halted...more
3/30/2020
/ Automotive Industry ,
Aviation Industry ,
Best Practices ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Economic Stimulus ,
EU ,
Federal Loans ,
Financial Assistance Policies ,
Government Assistance ,
Government Lockdown ,
Relief Measures ,
Risk Management ,
Shipping ,
Supply Chain ,
Transportation Industry ,
UK
Fast Facts -
United States -
- The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more
2/1/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
Blocked Mergers ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Phase II ,
Technology Sector ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
United States
Following the UK General Election on 12 December, the government now has the parliamentary majority it needs to enact its Brexit policy: an orderly exit from the EU on 31 January followed by a transition period until 31...more
1/10/2020
/ EFTA ,
EU ,
European Economic Area (EEA) ,
European Parliament ,
Free Movement ,
Free Trade Agreements ,
General Elections ,
No-Deal Brexit ,
Ratification ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement ,
WTO
Fast Facts -
United States -
- The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD.
- The number of significant antitrust merger...more
11/8/2019
/ Acquisitions ,
Antitrust Investigations ,
Blocked Mergers ,
Department of Justice (DOJ) ,
Divestiture ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Remedies ,
Trump Administration
It is now clear that the UK will not go over the cliff by leaving the EU on 31 October without a Withdrawal Agreement: UK membership has been extended to 31 January 2020 (although Brexit could come sooner, if the recently...more
Fast Facts -
United States -
U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more
7/31/2019
/ Acquisitions ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Mergers ,
Pharmaceutical Industry ,
Remedies ,
Technology Sector
The new UK government is "absolutely committed" to leaving the EU on 31 October. It hopes to force the EU to renegotiate the proposed Withdrawal Agreement by threatening to leave without a deal if its demands are not met....more
In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures,...more
Fast Facts -
United States
- The number of significant U.S. antitrust merger investigations declined almost 40% during the 12 months ending in Q1 2019 compared to the prior rolling 12 months (RTM).
- The average...more
Brexit has been postponed again, until at least 31 October 2019, but with the possibility that it may occur sooner, maybe even within a few weeks....more
4/15/2019
/ Article 50 Treaty of the EU ,
Customs Unions ,
Election Results ,
EU ,
EU Single Market ,
European Parliament ,
Free Trade Agreements ,
No-Deal Brexit ,
Special Election ,
Tariffs ,
Time Extensions ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement
The UK Parliament, having for the second time rejected the Withdrawal Agreement negotiated between the UK government and the EU, will vote on it for a third time next week. If it is approved, the UK will ask the EU for a...more
The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications:
- Businesses subject to an ongoing EU antitrust investigation on the...more
3/7/2019
/ Abuse of Dominance ,
Anticompetitive Behavior ,
Antitrust Investigations ,
EU ,
European Commission ,
Member State ,
Mergers ,
No-Deal Brexit ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
When the UK leaves the EU it will cease to be a party to the EU’s free trade and investment agreements with some 70 countries, covering some 11% of UK trade. In the event of a "No Deal" Brexit, the UK’s trade with these...more
The German antitrust authority (FCO) has ordered Facebook to stop collecting data outside Facebook’s platform without the user’s “voluntary consent.” The decision breaks new ground because it links data protection and...more
2/8/2019
/ Abuse of Dominance ,
Antitrust Investigations ,
Antitrust Violations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
Facebook ,
Federal Cartel Office (the FCO) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Instagram ,
Monopolization ,
Prior Express Consent ,
WhatsApp ,
Without Consent
In a series of votes on 29 January, the UK parliament rejected proposals aimed at preventing the UK leaving the EU on 29 March without a Withdrawal Agreement in place. Although there was a narrow majority for a non-binding...more
Fast Facts
- In the U.S., the number of significant antitrust merger investigations in 2018 reached a near-record low over DAMITT’s eight years of data, while their average duration remained near the record high.
- In...more
1/30/2019
/ Antitrust Investigations ,
Antitrust Litigation ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
No-Deal Brexit ,
Obama Administration ,
Phase II ,
Remedies ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
The UK House of Commons has rejected the government’s proposed Withdrawal Agreement. Unless the Agreement (or an amended version of it) is approved by the House of Commons, or the Brexit date of 29 March 2019 is postponed or...more
1/16/2019
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Contract Terms ,
Corporate Counsel ,
Corporate Taxes ,
Cross-Border Transactions ,
EU ,
Exports ,
Free Movement ,
Imports ,
Intellectual Property Protection ,
MiFID II ,
No-Deal Brexit ,
Supply Chain ,
Tax Treaty ,
Trade Policy ,
Trade Relations ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit ,
Withdrawal Agreement