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European Union › Mergers › Threshold Requirements

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

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...

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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

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

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On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

A&O Shearman

Antitrust in focus - April 2024

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Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...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

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

Akin Gump Strauss Hauer & Feld LLP

Three New UK Laws Impacting Autonomous Vehicles, Digital Markets and Personal Data

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On 7 November 2023, in the King’s Speech, the UK government announced three draft laws aimed at supporting tech companies’ growth and competitiveness: the Automated Vehicles Bill (AV Bill), the Digital Markets, Competition...more

A&O Shearman

The General Authority for Competition in Saudi Arabia introduces new merger control thresholds

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A merger filing will be required if each of the following thresholds are met: The new thresholds mark a significant change from the previous thresholds, which required only that the combined annual worldwide turnover of all...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

White & Case LLP

Catching below-threshold mergers in the EU

White & Case LLP on

In July 2022, the EC received from the GC in Illumina/Grail an important endorsement of its recent change in the Article 22 referral policy....more

Dorsey & Whitney LLP

Year-End Omnibus Bill Includes First HSR Filing Fee Increases in More Than Twenty Years, Larger Agency Budgets, and New Foreign...

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On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023 (“Omnibus Bill”). The “Merger Filing Fee Modernization Act of 2022” substantially changes the filing fee schedule (with...more

White & Case LLP

Key Developments in Kuwait Merger Control: New Turnover Threshold Requirements

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The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait's Competition Protection Agency has started to apply the...more

McDermott Will & Emery

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

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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

White & Case LLP

Catch-22: The European Commission Keeps Broadening Merger Control Intervention Powers and Gives a Glimpse of The Future

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A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more

Dechert LLP

Increased regulatory scrutiny of foreign direct investments in the healthcare sector

Dechert LLP on

Key Takeaways - - Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.  - Several countries have adapted their existing FDI rules, or...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

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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

Jones Day

Germany Expands Its Powers to Block Takeovers by Foreign Investors

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The German government lowered the threshold for acquisitions of German companies by non-EU and non-European Free Trade Association ("EFTA") acquirers. Germany has expanded its powers to block takeovers of German companies...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

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The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

BCLP

EU Competition Newsletter - April 2018

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Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

McDermott Will & Emery

Antitrust M&A Snapshot - July 2016

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United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

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