News & Analysis as of September 18, 2024

Anti-Competitive

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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 -

European Antitrust Bimonthly Bulletin – May/June 2024

Wilson Sonsini Goodrich & Rosati on 7/10/2024

The firm is pleased to publish the May/June 2024 edition of the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe from the past two months into concise and actionable...more

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

McDermott Will & Emery on 6/5/2024

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

Review of below-threshold mergers creates uncertainty

A&O Shearman on 2/28/2024

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

Pharmaceutical Sector Remains Key Area for EU Antitrust Enforcement

Dechert LLP on 2/23/2024

The European Commission (EC) has published a report on competition law enforcement in the EU's pharmaceutical sector during the 2018-2022 period. The report, released on 26 January, provides detailed insights into the actions...more

European Antitrust Bimonthly Bulletin – November/December 2023

Wilson Sonsini Goodrich & Rosati on 1/9/2024

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Antitrust in focus - November 2023

A&O Shearman on 12/4/2023

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Börries Ahrens, partner based in Hamburg, is our editor this month. He has selected: Significant reforms to German...more

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on 9/29/2023

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

The Informed Board - Summer 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 9/7/2023

Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more

The new German competition enforcement act – a true paradigm shift?

White & Case LLP on 8/10/2023

On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office's ("FCO") enforcement powers. The reform...more

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

BCLP on 8/4/2023

Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

White & Case LLP on 10/28/2022

Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

International News: Spotlight on Competition Law - September 2022

McDermott Will & Emery on 9/21/2022

UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more

General Court Decision in Illumina / Grail Vindicates Commission’s Article 22 Referral Policy

A&O Shearman on 7/21/2022

Quick Read - - The EU’s jurisdiction to review mergers is no longer linked to notification. This is a big change and sharply reduces parties’ ability to predict antitrust hurdles to closing based on notification thresholds. ...more

European Competition Law Newsletter – May 2021

McGuireWoods LLP on 5/12/2021

From Relative Clarity to Fog: EU Merger Control Now Less Certain - Determining necessary merger control filings in the EU (and EEA) has until now been relatively easy in most cases....more

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

TransPerfect Legal on 3/11/2021

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

The Impact of Brexit on EU and UK Merger Control Proceedings

TransPerfect Legal on 2/12/2021

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

COVID-19 and Antitrust: Crisis and Change

A&O Shearman on 3/21/2020

How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to...more

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

Latham & Watkins LLP on 1/31/2020

M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

Antitrust Enforcement Centers on Technology Industry

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2020

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

EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)

White & Case LLP on 1/18/2019

On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

Skadden, Arps, Slate, Meagher & Flom LLP on 10/18/2018

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

What Role For Fairness in EU Competition Policy and Enforcement?

A&O Shearman on 4/11/2018

Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more

Big Data and Antitrust: Rethinking Competition Law in the Data Economy

Robinson+Cole Data Privacy + Security Insider on 11/16/2017

As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power...more

European Competition Law Newsletter – June 2017

McGuireWoods LLP on 6/2/2017

EU Regulators Open Pharma Pricing Investigations Focusing on Abuse of Dominance - The European Commission and UK Competition and Markets Authority (CMA) have both opened new investigations into alleged abuses of...more

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