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
On 6 February 2023, the European Commission launched a four-week public consultation on the draft Implementing Regulation on proceedings under the Foreign Subsidies Regulation (FSR). Whilst the Commission has made an effort...more
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more
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
10/28/2022
/ Anti-Competitive ,
Competition ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Investment ,
Judicial Review ,
Mergers ,
Standard of Proof ,
Telecommunications ,
UK
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
9/19/2022
/ Appeals ,
Buyers ,
Competition ,
Declaratory Judgments ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
European Merger Control Regulation ,
Merger Controls ,
Mergers ,
Remedies ,
Standard of Proof ,
Standard of Review
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 French Competition Authority ("FCA") fines a company for gun-jumping in a case relating to a progressive takeover and de facto control -
On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de...more
4/28/2022
/ Acquisitions ,
Competition ,
EU ,
European Commission ,
Failure to Notify ,
Fines ,
France ,
French Competition Authority ,
Gun-Jumping ,
Merger Controls ,
Mergers ,
Takeovers
There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more
In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more
A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more