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Acquisitions European Union European Merger Control Regulation

White & Case LLP

Will the European Commission lose its ability to review below-threshold deals?

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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

WilmerHale

The EU Updates the Way It Defines Markets

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On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more

McDermott Will & Emery

International Legal Highlights | Winter 2023

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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

White & Case LLP

Is Planet Merger Control becoming uninhabitable? - Observations on the increasingly shaky statics of international merger control

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Merger and acquisition (M&A) transactions are facing ever longer regulatory reviews and an increasingly uncertain outcome. Less than a decade ago, it seemed we were on a clear path to substantial international convergence,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory Notification Obligations Under the EU’s Foreign Subsidies Regulation Kick In: Are You Ready?

Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?

Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more

McDermott Will & Emery

The European Commission Publishes Final Implementing Regulation on Proceedings Pursuant to the Foreign Subsidies Regulation

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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

Latham & Watkins LLP

The FSR Will Soon Apply: What Companies Need to Know

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The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...more

McDermott Will & Emery

EU Commission Adopts New Merger Simplification Package

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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

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

BCLP on

As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

Latham & Watkins LLP

European Scrutiny of Foreign Subsidies to Impact PE Deals

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A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances. European M&A is set to become more complex after the entry into force of the Foreign Subsidies...more

Latham & Watkins LLP

Foreign Subsidies Regulation Presents a New Hurdle for European M&A

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A new regulation to control foreign subsidies could result in more complex, costly, and time-consuming M&A clearance processes. European M&A is set to become more complex after the European Parliament and European Council...more

White & Case LLP

At Mid-year, US Merger Filings Down From 2021's Torrid Pace, But Still Far Above the Historic Average

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...Key Highlights - According to WAMS data, US merger control filing activity has cooled off: H1 2022 merger filing activity is down 23 percent versus H1 2021. However, US HSR filings in H1 2022 are 47 percent above the...more

White & Case LLP

EU General Court confirms EC decision fining Canon €28 million for gun jumping in warehousing scheme

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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

A&O Shearman

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

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On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

Latham & Watkins LLP

Does the EC’s Decision on Aegon Signal the Renaissance of Article 21 EUMR?

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On 21 February, the European Commission (Commission) determined that Hungary’s decision to block the acquisition of the Hungarian subsidiaries of Aegon Group by Vienna Insurance Group AG Wiener Versicherung Gruppe (VIG)...more

McDermott Will & Emery

Affaire Illumina / Grail : La Commission européenne Dit « Pause ! »

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Le 29 octobre 2021, la Commission européenne (« Commission ») a adopté des mesures provisoires dans le cadre d’une enquête de gun-jumping afin d’éviter la réalisation anticipée de l’acquisition de la société américaine Grail...more

McDermott Will & Emery

Antitrust M&A Snapshot - August 2021 Q2

APRIL – JUNE 2021: HIGHLIGHTS - UNITED STATES - - The premerger notification landscape continues to shift as filings reach another record high, and the US Congress contemplates increases to filing fees and New York...more

Sheppard Mullin Richter & Hampton LLP

The European Commission Adopts a Proposal for a Regulation on Foreign Subsidies Distorting the Internal Market

In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2021

JANUARY – MARCH 2021: HIGHLIGHTS - UNITED STATES - - As the United States rounds the corner toward getting the COVID-19 epidemic under control within its borders, the US antitrust enforcers have seen a major spike in...more

Wilson Sonsini Goodrich & Rosati

European Commission Publishes Guidance Paper on Member State Referrals for Merger Review Even Where National or EU Thresholds Are...

The European Commission (EC) has published new guidance on the application of Article 22 of the European Merger Regulation (EUMR) which will allow for the EC and Member States to refer transactions that do not meet existing...more

K&L Gates LLP

Is the European Commission Now Entitled to Review Non-Notifiable Transactions - Even After Closing?

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Overview - On 26 March 2021, the European Commission (Commission) published new guidance on the application of the EU upward case referral system (Guidance), pursuant to which EU Member States can ask the Commission to review...more

Latham & Watkins LLP

New Guidance on Article 22 EUMR Referrals to the European Commission

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The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more

McDermott Will & Emery

New European Commission Guidance: Acquisitions of Nascent Competitors on the Radar

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The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its...more

TransPerfect Legal

Trends in Merger Control and Competition: The In-House Perspective

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On 26 January, 2021, TransPerfect Legal Solutions (TLS) kicked off a virtual conference on EU and UK competition regulation. This article is the third of a three-part series highlighting the major takeaways from each session...more

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