News & Analysis as of September 18, 2024

New Guidance

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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 -

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

BCLP on 3/27/2024

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

Antitrust M&A Snapshot - Q3 2023

McDermott Will & Emery on 10/27/2023

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...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

Antitrust and information exchange: a new framework for analysis in the EU and UK

A&O Shearman on 9/13/2023

The European Commission (EC) and the UK Competition and Markets Authority (CMA) have published new guidance on the assessment of cooperation between competitors. For the EU, this is contained in revised Guidelines on...more

The new EU horizontal cooperation antitrust rules

White & Case LLP on 6/28/2023

The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more

Antitrust M&A Snapshot - Q4 2022

McDermott Will & Emery on 1/20/2023

DOJ Sees First Merger Win After String of Losses - Penguin Random House’s planned acquisition of rival Simon & Schuster was blocked by Judge Florence Pan of the US District Court for the District of Columbia on November...more

Latest developments on the Article 22 EUMR referral mechanism: the only thing that's certain is the uncertainty

White & Case LLP on 5/4/2021

The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

Skadden, Arps, Slate, Meagher & Flom LLP on 4/19/2021

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

Safety net or overreach? The European Commission’s new policy on Member State merger referrals

BCLP on 4/13/2021

In 2020, European Competition Commissioner Margrethe Vestager announced a new policy, under which the Commission will entertain requests from Member States to review mergers that do not meet the notification thresholds for...more

New Guidance on Article 22 EUMR Referrals to the European Commission

Latham & Watkins LLP on 4/1/2021

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

New European Commission Guidance: Acquisitions of Nascent Competitors on the Radar

McDermott Will & Emery on 3/31/2021

The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its...more

U.K. Competition & Markets Authority Publishes Important Brexit Guidance

Akin Gump Strauss Hauer & Feld LLP on 12/7/2020

In anticipation of the United Kingdom’s exit from the EU on December 31 (‘Brexit’), the Competition and Markets Authority (the ‘CMA’) published its guidance on the expected changes to U.K. competition law regime. The guidance...more

Antitrust M&A Snapshot - May 2019

McDermott Will & Emery on 5/14/2019

UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Germany and Austria Release Guidance on New Size-of-Transaction Test in Merger Control

Latham & Watkins LLP on 8/8/2018

Final joint guidance on new transaction value threshold published. The German Federal Cartel Office (FCO) and the Austrian Federal Competition Authority (FCA) have released a joint guidance paper (Guidance Paper)...more

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

WilmerHale on 2/15/2018

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

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