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European Commission EUMR Competition

K&L Gates LLP

Brussels Regulatory Brief: September 2024

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Antitrust and Competition - The Court of Justice of the European Union Finds That the European Commission Lacks Jurisdiction to Review Transactions That Fall Below the EU and National Merger Filing Thresholds -On 3 September...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

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With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

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In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

A&O Shearman

Antitrust in focus - October 2023

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The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Morgan Lewis

New EU Package of Measures Aims to Simplify Merger Review Process

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The European Commission (EC) recently adopted a package of measures with the aim of further simplifying its procedures for reviewing concentrations under the EU Merger Regulation (EUMR). The new rules entered into force on...more

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

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The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

A&O Shearman

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties

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The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its acquisition of blood-based cancer test developer GRAIL before the conclusion of the EC’s merger control...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

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

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

K&L Gates LLP

Brussels Regulatory Brief: September 2022

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ANTITRUST AND COMPETITION - Significant Changes to the Italian Antitrust Regime - On 5 August 2022, the Italian Parliament adopted law no. 118, which entered into force on 27 August 2022 (2021 Italian Competition Law). The...more

Morrison & Foerster LLP

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

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

Dechert LLP

Merging Parties Beware: Deals That Do Not Meet Merger Control Thresholds in the EEA Can Still Be Reviewed by European Commission

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In a recent high-profile judgment, the EU’s General Court confirmed that the European Commission (“EC”) can, upon referral by a national competition authority in the European Economic Area (“EEA”), review deals that do not...more

Orrick - Antitrust Watch

Illumina vs European Commission: the EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the...

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert...more

Hogan Lovells

Gun-jumping: The EU General Court calls the shots

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The EU General Court has issued the latest judgment in a suite of hard-line anti-gun-jumping cases – effectively confirming the European Commission’s 2018 decision imposing a record fine on Altice for breaching EU merger...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Court Confirms Commission’s Highest Fine to Date for Gun-Jumping

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The...more

McGuireWoods LLP

European Competition Law Newsletter – October 2021

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Insurers Settle Irish Signalling Investigation by Agreeing to Compliance Programmes - On 20 August 2021, the Irish competition regulator Competition and Consumer Protection Commission (CCPC) announced that six insurers...more

White & Case LLP

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

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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

Hogan Lovells

New roads to Brussels - Commission revamps approach to Member State referrals

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On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation...more

White & Case LLP

Veolia/Suez: the European Commission finds no gun-jumping and clarifies the scope of the public bid exemption to the standstill...

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In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more

Morgan Lewis

EU General Court Annuls Commission Decision to Block UK Telecoms Merger

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The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which...more

Hogan Lovells

EU Competition in the Digital Age - European Commission publishes Report of Special Advisers

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On 4 April 2019, the European Commission published the much anticipated Report Competition Policy for the digital era (hereinafter referred to as the "Report"). ...more

McDermott Will & Emery

EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity

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On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the...more

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