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European Union › Treaty on the Functioning of the European Union (TFEU) › 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 -
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

Dechert LLP

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

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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

McDermott Will & Emery

Antitrust M&A Snapshot - Q4 2023

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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

McDermott Will & Emery

EU Competition Law: New Horizontal Block Exemption Regulations and Horizontal Guidelines

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European Commission adopts the final version of the much-anticipated Research & Development Block Exemption Regulation and Specialisation Block Exemption Regulation, as well as the Horizontal Guidelines....more

White & Case LLP

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

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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

Cooley LLP

Europe’s Top Court on Merger Review: No Deals Are ‘Off the Table’

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The European Union’s top court recently confirmed that an M&A transaction that does not require mandatory pre-merger authorization may be investigated post-merger on suspicion that the transaction involved an ‘abuse’ of the...more

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

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On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

White & Case LLP

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

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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

Catching below-threshold mergers in the EU

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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

White & Case LLP

The Digital Markets Act (DMA) goes live

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The DMA has been published in the Official Journal of the European Union and will enter into force on 1 November 2022. The DMA aims to address concerns regarding "contestability" and "fairness" in the digital economy and...more

K&L Gates LLP

Brussels Regulatory Brief: May-June 2022

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ANTITRUST AND COMPETITION - The European Commission Reviews Its Informal Guidance Notice - On 24 May 2022, the European Commission (Commission) launched a public consultation to gather feedback from interested parties on the...more

A&O Shearman

COVID-19 and Antitrust: Crisis and Change

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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

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Delays Merger Notifications Until Further Notice, Develops Emergency State Aid Response to COVID-19 Outbreak

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As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While...more

McDermott Will & Emery

EU Competition Review 2019

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McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more

White & Case LLP

Changing Roles: the CMA during the Transition Period and beyond

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As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

Dechert LLP

Brexit and Antitrust: Impact on Public and Private Antitrust Enforcement

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The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications: - Businesses subject to an ongoing EU antitrust investigation on the...more

White & Case LLP

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

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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

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

A&O Shearman

What Role For Fairness in EU Competition Policy and Enforcement?

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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

WilmerHale

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

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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

K&L Gates LLP

Brussels Regulatory Brief: August

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On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

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