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Global antitrust enforcement report - 2025

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

EU Foreign Subsidies Regulation rains down new challenges for M&A

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

Uncertain regulatory climate makes deal protections crucial

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

Merger control reviews speed up (at least for straightforward cases)

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

Stormy skies for tech deals as antitrust scrutiny intensifies

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

Rising review risk for deals not meeting merger control thresholds

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

Merger control frustrates more M&A, but are the tides turning?

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 and serial acquisitions continue to feel the antitrust heat

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

Antitrust authorities’ skepticism of merger remedies causes headwinds for dealmakers

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

From effects to presumptions? The EC Draft Guidelines on exclusionary abuse

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

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

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

Saudi Arabia competition authority issues fine for obstructing dawn raid

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

A step-change in merger control and antitrust enforcement in Italy

IAA granted significant new powers under Italian Annual Market and Competition Law 2021....more

Excessive pricing and orphan drugs: Leadiant sanctioned by the Italian Antitrust Authority

In a long-awaited decision published on 31 May 2021, the IAA found that Leadiant infringed Article 102 TFEU through a multifaceted strategy that led to it obtaining an excessive price for its CDCA Leadiant® medicine. A number...more

European Commission publishes revised antitrust rules on vertical agreements

On 10 May 2022, the European Commission (EC) published the revised Vertical Block Exemption Regulation (VBER), together with the accompanying revised Guidelines on Vertical Restraints (Vertical Guidelines), which will replace...more

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug...more

An examination of global class action regimes after Godfrey

On September 20, 2019, the Supreme Court of Canada (“SCC”) issued a landmark antitrust class action decision in Pioneer Corp. v Godfrey which clarified several procedural questions relating to class actions. Notably, the...more

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