In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more
2024 saw a significant increase in overall global fines for antitrust enforcement, with total penalties for the jurisdictions surveyed in our report at USD6.7 billion, over double that of 2023 (USD2.9bn) and substantially...more
3/19/2025
/ Abuse of Dominance ,
Antitrust Provisions ,
Antitrust Violations ,
Artificial Intelligence ,
Asia Pacific ,
Big Tech ,
Cartels ,
Competition ,
Damages ,
Digital Assets ,
Digital Markets Strategy ,
Dispute Resolution ,
Enforcement Actions ,
EU ,
European Commission ,
Fines ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
South Africa ,
Sustainability ,
Technology Sector ,
UK ,
United States
Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more
The transaction notification regime under the EU Foreign Subsidies Regulation (FSR) is now over a year old. To date, intervention levels are low. But assessing whether a filing is required, and gathering the extensive...more
Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more
3/5/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Merger Controls ,
Mergers ,
Regulatory Requirements ,
Risk Management ,
Sellers
Speeding up review periods remained a priority for antitrust authorities outside the U.S. They did this through formal rule changes or adjustments in practice. But the increasing complexity of the issues raised by some deals,...more
Tech sector deals are seeing rising mortality rates. AI partnerships are moving up the authorities’ agenda for scrutiny and enforcement. Overall, however, antitrust intervention in 2024 once again focused on transport, energy...more
2/28/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Energy Sector ,
Enforcement Actions ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Regulatory Agenda ,
Technology Sector ,
UK
Antitrust authorities continue to make use of powers to scrutinize deals falling below merger control filing thresholds. Many that don’t have that ability, want it. The European Commission (EC) remains the frontrunner in...more
Antitrust authorities killed more deals in 2024, marking a third year of rising mortality levels. Where prohibition was on the cards, many dealmakers abandoned their transactions rather than staying the course. The U.S....more
Private equity acquisitions—notably roll-up strategies—continued to face antitrust scrutiny in 2024. As did serial acquisitions by non-PE acquirers. Headwinds were particularly strong in the U.S., but breezes from other...more
2/27/2025
/ Antitrust Provisions ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Regulatory Agenda
The number of deals cleared with conditions fell sharply in 2024. Many antitrust authorities remained skeptical of whether merger remedies can effectively address antitrust concerns, choosing instead to challenge and...more
Merger control and foreign investment hurdles contributed to a challenging 2024 for M&A. 2025 looks more promising, with pro-business agendas and regulatory easing in key jurisdictions expected to fuel a surge in dealmaking...more
The former head of the European Central Bank is proposing a significant recalibration of EU competition enforcement in a bid to boost the European economy. The focus now is on whether his plans will be implemented.
For...more
12/20/2024
/ Acquisitions ,
Banking Sector ,
Competition ,
Enforcement ,
EU ,
European Central Bank ,
European Parliament ,
Global Dealmaking ,
Legislative Agendas ,
Mergers ,
Regulatory Agenda ,
Regulatory Reform ,
UK
Welcome to the latest edition of M&A Insights, where we bring together partners from across the A&O Shearman network to explore the themes shaping global dealmaking.
The election of Donald Trump as President is expected to...more
12/18/2024
/ Acquisitions ,
Artificial Intelligence ,
Banking Sector ,
Buyers ,
CFIUS ,
China ,
Competition ,
Corporate Governance ,
Cryptocurrency ,
EU ,
European Central Bank ,
Foreign Investment ,
Global Dealmaking ,
Global Market ,
Immigration ,
Legislative Agendas ,
Listing Standards ,
Machine Learning ,
Merger Controls ,
Mergers ,
National Security ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Sellers ,
Tariffs ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States ,
US Trade Policies
In our biannual M&A trends report we explore the possible impact of the new U.S. administration on dealmaking, the dynamics of transatlantic M&A, private equity exits, and Mario Draghi’s proposals to reshape the European...more
12/18/2024
/ Acquisitions ,
Artificial Intelligence ,
Banking Sector ,
Buyers ,
CFIUS ,
China ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
EU ,
European Central Bank ,
Foreign Investment ,
Global Dealmaking ,
Global Market ,
Immigration ,
Legislative Agendas ,
Listing Standards ,
Machine Learning ,
Merger Controls ,
Mergers ,
National Security ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Sellers ,
Tariffs ,
Technology Sector ,
Trade Relations ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States ,
US Trade Policies
In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs). The EC concluded that Intel had granted anticompetitive loyalty rebates to...more
The Draft Guidelines set out the European Commission (EC)’s approach on exclusionary abuse by dominant undertakings. The EC is proposing a shift away from the effects-based approach set out in its earlier enforcement...more
The European Commission (EC ) has approved the first Important Project of Common European Interest (IPCEI) in the health sector— IPCEI Med4Cure.
Under the IPCEI, six EU member states will provide up to EUR1bn of state aid...more
The European Commission (EC) has published its latest report on competition enforcement in medicines and medical products.
Key takeaways are that:
EU and Member State authorities imposed multiple material antitrust...more
The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more
10/23/2023
/ Cartels ,
Cephalon ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Generic Drugs ,
Life Sciences ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Teva Pharmaceuticals
Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Francesca Miotto, partner based in Brussels, is our editor this month (learn more about Francesca in our Q&A feature...more
7/3/2023
/ Cooperation Agreement ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
Popular ,
UK
On 1 June 2023, the European Commission (EC) adopted revised Horizontal Block Exemption Regulations on research & development agreements (R&D BER) and specialisation agreements (Specialisation BER) (jointly referred to as...more
6/14/2023
/ Algorithms ,
Anti-Competitive ,
Competition ,
Cooperation Agreement ,
Data-Sharing ,
EU ,
European Commission ,
Exemptions ,
Horizontal Agreements ,
National Security Agency (NSA) ,
Popular ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more
On 27 February 2023, the General Authority for Competition in Saudi Arabia (GAC) announced that it had imposed a SAR13 million fine (approx. EUR3.3m) on medical company Medical Supplies and Services Company Limited (MediServ)...more