In a merger control environment that has been steadily evolving over the past several years, M&A parties can less and less rely solely on traditional notification thresholds to assess filing obligations and antitrust risk....more
Our latest edition explores the top merger control trends across the EU, US, UK, Middle East and Australia, and the outlook for 2025.
EU and US merger control enforcement: quo vadis?
In the EU, Executive Vice...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Dealmaking ,
Member State ,
Merger Controls ,
Mergers ,
Technology Sector ,
UK
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
9/6/2024
/ Acquisitions ,
Antitrust Division ,
EU ,
EU Merger Directive ,
EUMR ,
European Commission ,
Financial Conduct Authority (FCA) ,
Global Dealmaking ,
Member State ,
Mergers ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more
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
5/23/2024
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Labor Laws ,
No-Poaching ,
Regulatory Reform ,
Treaty on the Functioning of the European Union (TFEU) ,
Wage-Fixing
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 EC has published the long-awaited revised Market Definition Notice (the "Notice"), marking the first update since its initial adoption in 1997. The Notice clarifies the methodology for defining product and geographic...more
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
White & Case Global Antitrust Merger StatPak (WAMS)—the first real-time clearinghouse for global merger notification data—has analyzed merger notifications in reporting jurisdictions around the first half of calendar year...more
9/28/2023
/ Acquisitions ,
Competition ,
Competition Authorities ,
EU ,
Global Dealmaking ,
Merger Controls ,
Mergers ,
OECD ,
Popular ,
Pre-Merger Filing Requirements ,
UK
The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint.
The Foreign Subsidies...more
The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more
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 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
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose...more
Australia, Brazil, Saudi Arabia, and Turkey See Significant Surge in Merger Filing Activity; US and EU Merger Filing Activity is Down Compared to 2021's Record Levels, But Still Above Historical Levels -
White & Case...more
12/20/2022
/ Acquisitions ,
Antitrust Division ,
Australia ,
Biden Administration ,
Brazil ,
Competition ,
EU ,
EU Horizontal Safeguard Regulation (HSR) ,
European Commission ,
Investigations ,
Merger Controls ,
Mergers ,
Pre-Merger Filing Requirements ,
Russia ,
Saudi Arabia ,
Turkey ,
Ukraine