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
On 28 October 2022, the European Commission adopted the second amendment to its State Aid Temporary Crisis Framework to support businesses affected by Russia's actions in Ukraine and the unfolding energy crisis.
White &...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 July 5, the European Parliament approved the final draft text of the EU Digital Services Act (DSA), a landmark law that will transform the EU’s legal framework for regulating online content. The Council is expected to...more
7/6/2022
/ Compliance ,
Digital Service Providers ,
Digital Services ,
EU ,
EU Transparency Directive ,
Know Your Customers ,
New Legislation ,
Online Platforms ,
Regulatory Requirements ,
Risk Assessment ,
Search Engines
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
12/27/2021
/ EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Investors ,
Member State ,
Popular ,
Proposed Regulation ,
Screening Procedures ,
Threshold Requirements
In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is...more
On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has...more
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
The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more
The European Court of Justice (the "ECJ") has confirmed1 the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the...more
1/29/2021
/ Antitrust Violations ,
Cartels ,
Competition ,
Corporate Counsel ,
European Commission ,
European Court of Justice (ECJ) ,
Goldman Sachs ,
Institutional Investors ,
Joint and Several Liability ,
Parent Corporation ,
Portfolio Companies ,
Treaty on the Functioning of the European Union (TFEU)
In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment -
While there is still no standalone foreign direct investment (FDI) screening at...more
11/10/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
Mergers ,
National Security ,
National Security Review Proceedings
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with...more
Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more
Antitrust agencies around the world are adjusting to the policies and procedures they quickly implemented in response to the outbreak of the coronavirus disease (“COVID-19”), as detailed in White & Case’s March 16th alert. In...more
3/27/2020
/ Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Market ,
Merger Controls ,
Office Closures ,
Remote Working ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
Last week, in response to the outbreak of the Coronavirus disease (COVID19), the antitrust agencies in the United States and European Union issued policies that will affect, and may delay, merger filings and reviews. ...more
3/17/2020
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Filing ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Premerger Notifications ,
Risk Mitigation
A new European Foreign Direct Investment regulation harmonizing investment controls came into force .
In response to increased foreign direct investments (FDI) into European technology assets and an increased call for the...more
12/31/2019
/ Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Freedom of the Press ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
Reporting Requirements ,
Screening Procedures ,
Sensitive Business Information ,
Supply Chain ,
Technology Sector
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
11/11/2019
/ Antitrust Violations ,
Appeals ,
Breach of Competition Law ,
Burden of Proof ,
Calculation of Damages ,
Cartels ,
Compensatory Damages ,
Compound Interest ,
Damage Caps ,
Damages ,
Electricity ,
European Commission ,
Infringement ,
Lost Profits ,
Power Grid ,
Punitive Damages ,
Remittitur ,
Treaty on the Functioning of the European Union (TFEU) ,
UK
New Rules Governing Expanded Class Action Lawsuits in Italy to Take Effect on April 19, 2020 -
The old thinking that class actions are only a threat in the US is history. The latest European example is Italy, where on...more
Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more
1/8/2019
/ CFIUS ,
Cooperation ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
New Regulations ,
Reporting Requirements ,
Screening Procedures ,
Technology Sector