In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more
9/6/2024
/ Competition Authorities ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Jurisdiction ,
Jurisdictional Thresholds ,
Member State ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Threshold Requirements
On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more
2023 saw some very significant decisions, investigations, court judgments and legislative developments in European Union merger control.eu
...more
On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more
The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more
8/9/2023
/ Competition ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Member State ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
State Aid ,
State-Owned Enterprises ,
Threshold Requirements
On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (“Bill”). Before the Bill becomes law, both Houses of Parliament will need to approve it and amendments are likely....more
5/5/2023
/ Antitrust Provisions ,
Competition ,
Consumer Protection Laws ,
Digital Marketplace ,
Digital Markets Strategy ,
EU ,
Merger Controls ,
Mergers ,
Pending Legislation ,
UK ,
UK Competition and Markets Authority (CMA)
On 20 April 2023, the European Commission (EC) adopted a package of measures to “simplify” its merger control procedures. The reform expands the scope of the EU’s simplified merger control procedure, introduces a new...more
The UK is scheduled to leave the EU in less than two months. It is unclear whether this will happen under the terms of a deal negotiated with the EU (a “deal-based” Brexit) or without a deal (“no-deal” Brexit).
Under a...more
2/13/2019
/ Acquisitions ,
Antitrust Investigations ,
Cross-Border Transactions ,
EU ,
European Commission ,
Jurisdiction ,
Merger Controls ,
Mergers ,
No-Deal Brexit ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
Obtaining the European Commission’s (EC’s) approval for a merger or acquisition sometimes can be a time-consuming and costly procedure. This latest issue of WilmerHale’s 8-in-8 alert series on European Law and Policy examines...more
EU and US laws prohibit merging companies from implementing reportable transactions until their deal is cleared or the statutory waiting period has expired. Violations of this principle are colloquially known as “gun-jumping”...more
2/15/2018
/ Antitrust Violations ,
Court of Justice of the European Union (CJEU) ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Merger Controls ,
Mergers ,
New Guidance ,
Sherman Act ,
Treaty on the Functioning of the European Union (TFEU)
2017 saw some highly significant investigations and court judgments in European Union merger control. Notably:
..After detailed investigations and subject to extensive divestments, the European Commission (“EC”) cleared...more
1/17/2018
/ Acquisitions ,
Antitrust Violations ,
Bayer ,
Corporate Counsel ,
Dow Chemical ,
DuPont ,
EU ,
European Commission ,
Facebook ,
Gun-Jumping ,
Merger Controls ,
Mergers ,
Monsanto
As the UK leaves the EU, in light of the seismic result of the United Kingdom referendum on June 23, 2016, there will be an immense amount to do, for the UK and the remaining EU, and for companies that are either based in, or...more
6/27/2016
/ Automotive Industry ,
Community Designs ,
Corporate Counsel ,
David Cameron ,
Digital Single Market ,
Electricity ,
EU ,
European Commission ,
European Economic Area (EEA) ,
European Patent Convention ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
International Data Transfers ,
IP License ,
Manufacturers ,
Member State ,
Merger Controls ,
One-Stop Shop ,
Referendums ,
Sports ,
Trade Agreements ,
Trucking Industry ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Unitary Patent ,
WTO ,
Young Lawyers