In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more
9/3/2024
/ Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EFTA ,
EU ,
EUMR ,
European Commission ,
Legal Costs ,
Member State ,
Merger Controls ,
New Regulations ,
Treaty on the Functioning of the European Union (TFEU)
UNITED STATES -
- Agencies Revisiting Consummated Mergers -
What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more
7/29/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Energy Sector ,
EU ,
EUMR ,
Federal Trade Commission (FTC) ,
Mergers ,
Oil & Gas ,
Popular ,
Request For Information ,
UK ,
UK Competition and Markets Authority (CMA)
In a significant development for French merger control, on May 2, 2024 the French Competition Authority applied the jurisprudence laid down in the recent Towercast case to an alleged anti-competitive agreement matter in the...more
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
IN THIS FEBRUARY 2024 ISSUE -
UNITED STATES -
New Merger Guidelines Released -
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more
2/14/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Mergers
マクダーモット・インターナショナル・セミナーは、おかげさまで皆様よりご好評をいただき、11回目となるセミナーを東京で開催することが決定いたしました。
本セミナーでは、オースティン、ブリュッセル、ロンドン、ミュンヘン、パリ、サンフランシスコ、ワシントンD.C.の各オフィスの、ビジネス法務の第一線で活躍する経験豊富な弁護士が、日本の企業や法律事務所の皆様に向けて、米国・欧州における法律および実務の重要トピックスに関する最新動向をご提供いたします...more
1/8/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Best Practices ,
CFIUS ,
Competition ,
Continuing Legal Education ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
European Commission ,
Events ,
Foreign Direct Investment ,
Foreign Investment ,
Intellectual Property Protection ,
National Security ,
Supply Chain ,
UK Competition and Markets Authority (CMA)
In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more
12/20/2023
/ Acquisitions ,
Bilateral Investment Treaties ,
Buyers ,
Carve Out Provisions ,
Cross-Border Transactions ,
Energy Sector ,
EU ,
Financial Regulatory Reform ,
Foreign Investment ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Healthcare ,
Hedging ,
International Trade ,
Investment ,
Investors ,
Jurisdiction ,
Life Sciences ,
Mergers ,
Regulatory Agenda ,
Sellers ,
Sports ,
Technology Sector ,
UK
THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more
11/22/2023
/ Acquisitions ,
Capital Markets ,
Competition ,
Corporate Governance ,
Corruption ,
Court of Justice of the European Union (CJEU) ,
Cross-Border ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
Regulatory Reform
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
APRIL – JUNE 2023: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• Federal Trade Commission Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications On June 27, 2023, the Federal Trade...more
7/31/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Notice of Proposed Rulemaking (NOPR) ,
Pharmaceutical Industry ,
Premerger Notifications
Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more
In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal...more
On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more
7/12/2023
/ Competition ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Marketplace ,
EU ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Metaverse ,
National Competent Authorities (NCA) ,
New Legislation ,
New Regulations ,
Online Platforms ,
Privacy Laws ,
Social Networks
On June 29, 2023, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in the Super Bock Bebidas vs. Autoridade da Concorrência case (C-211/22) on the questions referred by the Tribunal da Relaçao...more
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.
Join us, together with...more
6/20/2023
/ Acquisitions ,
Due Diligence ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
Reporting Requirements ,
Webinars
European Commission adopts the final version of the much-anticipated Research & Development Block Exemption Regulation and Specialisation Block Exemption Regulation, as well as the Horizontal Guidelines....more
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union -
On April 20, 2023, the EU Commission (Commission) adopted and published a...more
On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as:
- In dynamic...more
UNITED STATES -
Wilson Resigns as FTC Commissioner -
On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more
4/21/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Healthcare ,
Horizontal Mergers ,
Investigations ,
Merger Controls ,
Mergers ,
Private Equity ,
Settlement Agreements ,
UK Competition and Markets Authority (CMA)
In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business.
The purpose of this Review is to provide legal counsel and their teams easy...more
1/31/2023
/ Abuse of Dominance ,
Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EUMR ,
European Commission ,
European Economic Area (EEA) ,
General Court of the European Union (GCEU) ,
Mergers ,
National Competent Authorities (NCA) ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU)
On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the European Union. The FSR introduces a new regulatory...more