News & Analysis as of

European Union European Commission EUMR

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Dechert LLP

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

Dechert LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

White & Case LLP on

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

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

Alston & Bird on

Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

Mayer Brown on

With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...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

Dechert LLP

DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

Dechert LLP on

The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

K&L Gates LLP

Brussels Regulatory Brief: May 2024

K&L Gates LLP on

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a...more

Dechert LLP

European Court of Justice Considers Limits on European Commission's Merger Review Powers

Dechert LLP on

Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

A&O Shearman on

In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

White & Case LLP

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

White & Case LLP on

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

McDermott Will & Emery

Antitrust M&A Snapshot - Q4 2023

McDermott Will & Emery on

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

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

BCLP on

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

A&O Shearman

Antitrust in focus - October 2023

A&O Shearman on

The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Morgan Lewis

New EU Package of Measures Aims to Simplify Merger Review Process

Morgan Lewis on

The European Commission (EC) recently adopted a package of measures with the aim of further simplifying its procedures for reviewing concentrations under the EU Merger Regulation (EUMR). The new rules entered into force on...more

A&O Shearman

Antitrust in focus - July 2023

A&O Shearman on

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties - The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its...more

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

White & Case LLP on

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

A&O Shearman

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties

A&O Shearman on

The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its acquisition of blood-based cancer test developer GRAIL before the conclusion of the EC’s merger control...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

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

White & Case LLP

European Commission publishes practical information for merging parties on how to seek guidance about Article 22 referral

White & Case LLP on

The European Commission has published a Frequently Asked Questions and Answers ("Q&A") document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy....more

K&L Gates LLP

Brussels Regulatory Brief: September 2022

K&L Gates LLP on

ANTITRUST AND COMPETITION - Significant Changes to the Italian Antitrust Regime - On 5 August 2022, the Italian Parliament adopted law no. 118, which entered into force on 27 August 2022 (2021 Italian Competition Law). The...more

A&O Shearman

EU General Court upholds European Commission’s decision on Illumina/GRAIL merger referral

A&O Shearman on

In a landmark ruling, the EU General Court (GC) has confirmed the European Commission (EC)’s decision to accept a referral request from France (and other Member States) for the assessment of gene-sequencing firm Illumina’s...more

Morrison & Foerster LLP

EU General Court Backs the European Commission’s Right to Review Non-Reportable Deals

The EU General Court (“General Court”) has confirmed that the European Commission (“Commission”) can examine deals that do not trigger merger control thresholds in the EU or any EEA Member State following a referral request...more

McDermott Will & Emery

General Court Upholds European Commission’s Power to Review Illumina-Grail

McDermott Will & Emery on

In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which...more

51 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide