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EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Will the European Commission lose its ability to review below-threshold deals?

In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more

The new guidelines on cooperation in the agri-food sector show a more pragmatic approach to sustainability agreements under EU...

On 7 December 2023, the EC published new guidelines on when farmers and agriculture related businesses can, subject to certain conditions, enter into cooperation agreements on sustainability without breaching EU competition...more

Gun-jumping in M&A – ECJ confirms the possibility of two separate fines for gun-jumping and the European Commission’s broad...

On 9 November 2023, the European Court of Justice ("ECJ") confirmed that the European Commission ("EC") was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of...more

Is Planet Merger Control becoming uninhabitable? - Observations on the increasingly shaky statics of international merger control

Merger and acquisition (M&A) transactions are facing ever longer regulatory reviews and an increasingly uncertain outcome. Less than a decade ago, it seemed we were on a clear path to substantial international convergence,...more

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

EU Court of Justice provides guidance on resale price maintenance under EU competition law – the judgement in Super Bock

The fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by...more

The new EU horizontal cooperation antitrust rules

The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more

ESG liability and litigation risks with a focus on Germany: Greenwashing

The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

European Commission trims merger procedures, leaving scope for a further trim

The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified...more

EU proposes Green Claims Directive to combat greenwashing

The European Commission has proposed a directive on regulating so-called 'Green Claims', that lays down detailed rules on the substantiation, communication and verification of voluntary environmental claims and environmental...more

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

New and significantly expanded EU guidance on market definition – The European Commission launches a consultation on its draft...

On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on recent case law of the European...more

Germany prohibits sale of two companies to Chinese investors – FDI scrutiny in full swing

In an unprecedented double-strike, the German government recently blocked two transactions pertaining to Chinese investments in German semiconductor facilities. Just two weeks before, the cabinet had already intervened...more

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

The EU Releases its Second Annual FDI report showing increased momentum in FDI regulation and screening in the EU27

On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more

EU General Court confirms European Commission's Article 22 EUMR referral policy

On 13 July 2022, the General Court of the European Union confirmed the European Commission's jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important...more

EU General Court confirms EC decision fining Canon €28 million for gun jumping in warehousing scheme

On 18 May 2022, the EU General Court (GC) upheld the European Commission's (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms...more

The new draft EU horizontal antitrust rules – A snapshot overview

On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft...more

Is the standard of claiming damages from the EU insurmountable? EU Court refuses to recognize loss suffered by UPS from the EC’s...

On 23 February 2022, the EU's General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC).1 UPS sought compensation for the losses resulting...more

European Commission issues proposed guidance on information exchange in dual distribution relationships

As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on...more

Foreign direct investment reviews 2021: European Union

Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role - While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more

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