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Court of Justice of the European Union (CJEU) Merger Controls European Union

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...

WilmerHale on

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

McDermott Will & Emery

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

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

McDermott Will & Emery

New Developments in French Competition Law Pose Risk of Ex-Post Challenge to Non-Notifiable Transactions

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

McDermott Will & Emery

International Legal Highlights | Winter 2023

McDermott Will & Emery on

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

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...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

McDermott Will & Emery

Annual European Competition Review 2021

CARTELS & RESTRICTIVE AGREEMENTS - EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING - AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more

K&L Gates LLP

Brussels Regulatory Brief: October - November 2021

K&L Gates LLP on

ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more

Cooley LLP

Alert: Brexit Readiness: Possible Key Impacts of the Conclusion of the Transition Period on 31 December 2020

Cooley LLP on

On 31 January 2020, the UK left the European Union and entered a transition period that is due to end at 11:00 pm GMT on 31 December 2020. At this point, it is still uncertain whether a new EU/UK deal will be reached. To...more

K&L Gates LLP

Brussels Rail Transport Brief: April 2020

K&L Gates LLP on

ANTITRUST AND COMPETITION - Network Rail Loses Achilles Appeal - On 30 January 2020, the Court of Justice of the EU ('CJEU') has rejected A judgment rendered on 5 March dismissed Network Rail’s appeal on all grounds. Network...more

K&L Gates LLP

Brussels Regulatory Brief: March 2020

K&L Gates LLP on

Antitrust and Competition - The Court of Justice of the EU Upholds the Commission’s Powers to Impose High Fines on Companies that “Jump the Gun” - On March 4, 2020, the Court of Justice of the EU (“CJEU”) dismissed the...more

K&L Gates LLP

Brussels Rail Transport Brief: March 2020

K&L Gates LLP on

ANTITRUST AND COMPETITION - The Court Of Justice Of The EU Confirms The Legality Of Certain Commission’s Inspections - On 30 January 2020, the Court of Justice of the EU (‘CJEU’) has rejected appeals filed by the Czech...more

McDermott Will & Emery

COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures

McDermott Will & Emery on

As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at...more

Hogan Lovells

European Court of Justice upholds European Commission's €20 million 'double' fine for gun-jumping merger control clearance

Hogan Lovells on

Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both...more

White & Case LLP

Changing Roles: the CMA during the Transition Period and beyond

White & Case LLP on

As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

Hogan Lovells

The Foreign Investment Regulation Review Seventh Edition - EU Overview

Hogan Lovells on

Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more

K&L Gates LLP

Brussels Regulatory Brief: September 2019

K&L Gates LLP on

INSTITUTIONAL DEVELOPMENTS - The New European Commission - Nearly two months after presenting her Political Guidelines for the next European Commission, Ursula von der Leyen, President-elect of the new Commission, on 10...more

McDermott Will & Emery

Annual EU Competition Review 2018

McDermott Will & Emery on

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

A&O Shearman

To Control or Not to Control? That Is the Question

A&O Shearman on

The “standstill obligation” under Article 7 of the Regulation 139/2004 on Merger Control (EUMR) prevents parties from implementing their transaction before receiving merger clearance from the European Commission (EC). Failure...more

BCLP

European Court of Justice Clarifies Scope of Gun Jumping Prohibition

BCLP on

Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the...more

WilmerHale

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

WilmerHale on

EU and US laws prohibit merging companies from implementing reportable transactions until their deal is cleared or the statutory waiting period has expired. Violations of this principle are colloquially known as “gun-jumping”...more

A&O Shearman

EU Court Decides EU Merger Control Can Only Catch Joint Control Transactions If the Resulting Entity Is ‘Full-Function’

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On September 7, 2017, the European Court of Justice (ECJ) decided that, where joint control is acquired over a new or existing undertaking (or parts of an undertaking), that transaction can only fall within the scope of the...more

BCLP

EU Competition Newsletter – February 2017

BCLP on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

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