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Dechert LLP

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

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In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

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Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

A&O Shearman

The BCA takes action: first investigation under the abuse of economic dependence rules

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The Belgian Competition Authority (the BCA) announced last week that it has initiated an ex officio investigation into a possible abuse of economic dependence in the agricultural sector, making this the BCA’s first formal...more

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

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The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

BCLP

Illumina v European Commission: the General Court’s judgment marks the end of the principle of legal certainty in merger control

BCLP on

On the 13 July 2022, the General Court upheld the European Commission’s decision to accept a referral from Member States under Article 22 of the EU Regulation n°139/2004 on merger control (“EUMR”) to review a deal that fell...more

White & Case LLP

Italy Transposes the ECN+ Directive: Significant New Powers for the Italian Competition Authority

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Legislative Decree no. 185/2021 ("Decree"), implementing Directive no. 2019/1/EU ("ECN+ Directive") into Italian law, entered into force on December 14, 2021. The ECN+ Directive primarily aims at strengthening the powers...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

BCLP

BCLP Paris – Competition and Distribution Newsletter – December 2020

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This Newsletter of the Competition and Distribution team of BCLP's Paris office features some of the key developments of the last quarter. In this newsletter: ..To enable national authorities to better apprehend killer...more

Latham & Watkins LLP

Greek Sustainability Initiative Promotes Cooperation Between Competitors

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The initiative includes a competition law sustainability “sandbox” in which market participants could team up to work on sustainable business projects. The Greek Competition Authority (HCC) has announced a public...more

Dechert LLP

EU Seeks New Powers to Address Effects of Foreign Subsidies

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Key Takeaways - The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU. The White Paper suggests that the...more

Proskauer - Minding Your Business

Flexibility within a Crisis: The European Competition Network’s Response to COVID-19

On March 23, 2020, the European Commission announced that all competition authorities in the European Competition Network (ECN) (the Commission, the European Surveillance Authority, and the national competition authorities of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcement Centers on Technology Industry

Antitrust enforcers in the United States and European Union (EU) remained active in 2019, and recent developments at the Department of Justice (DOJ), Federal Trade Commission (FTC), state attorneys general (AG) offices and EU...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

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The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Katten Muchin Rosenman LLP

Flashlight or Spotlight? The EU's Latest (Final) Report Continues to Look Closely at the Syndicated Credit Market - Syndicated...

Lenders involved in syndicated loans may encounter additional scrutiny from competition regulators in light of the final publication of a study prepared on behalf of the European Commission by Europe Economics and Euclid Law....more

McDermott Will & Emery

Annual EU Competition Review 2018

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CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more

K&L Gates LLP

Brussels Regulatory Brief: January 2019

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Antitrust and Competition - The European Commission conditionally approves a transaction in the data security sector after in-depth review - On 11 December 2018, the European Commission announced it had conditionally...more

Jones Day

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

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The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

BCLP

EU & Competition Law Update – August 2017

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The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more

Jones Day

European Commission Launches Competition Law Anonymous Whistleblower Tool

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The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more

K&L Gates LLP

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

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Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

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