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European Union › Member State › Mergers

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 -
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

White & Case LLP

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

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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

Goodwin

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

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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

K&L Gates LLP

Brussels Regulatory Brief: May 2024

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust in Life Sciences: A Dialogue With Anna Vernet

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On March 26, 2024, Skadden hosted a discussion on key developments in antitrust enforcement in the pharmaceuticals and life sciences sectors. ...more

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...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

BCLP

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

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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

K&L Gates LLP

Brussels Regulatory Brief: October 2023

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Antitrust and Competition - European Commission Prohibits US$1.7 Billion Merger in Online Travel Agency Sector - On 25 September 2023, the European Commission (Commission) prohibited, under Council Regulation (EC) No 139/2004...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

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EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Wilson Sonsini Goodrich & Rosati

Fact Sheet on the EU Foreign Subsidies Regulation

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The EU’s Foreign Subsidies Regulation (FSR) gives the European Commission (EC) broad powers to control subsidies from non-EU countries, complementing the EU’s longstanding state aid regime that deals with subsidies from EU...more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

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On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

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This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

American Conference Institute (ACI)

[Event] 4th European Forum on FDI Reviews and CFIUS - June 7th - 8th, London, United Kingdom

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Hosted by C5, the 4th European Forum on FDI Reviews and CFIUS returns for another exciting year with curated programming that will help you navigate emerging complex National Security Reviews across the UK and EU....more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

White & Case LLP

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

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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

Dechert LLP

The entry into force of the Digital Markets Act kicks off new era of digital regulation in Europe

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On 12 October the Digital Markets Act (DMA)1  was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more

WilmerHale

European Commission Blocks Illumina/GRAIL a week after FTC’s Administrative Law Judge Rejects FTC’s Challenge

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The last week has seen crucial developments at the European Commission (EC) and U.S. Federal Trade Commission (FTC) regarding the antitrust review of the $7.1 billion proposed acquisition by Illumina (the leading supplier of...more

McDermott Will & Emery

EU Foreign Subsidies Regulation to Impact EU and Cross-Border M&A Antitrust Review Starting in 2023

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On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation)....more

Morrison & Foerster LLP

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

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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

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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

Morrison & Foerster LLP

One Stop Shop Called Into Question – EU General Court Confirms the European Commission’s Stance On Referrals of Non-Notifiable...

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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[1] following a referral...more

BCLP

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

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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

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