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European Commission EUMR Merger Controls

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

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

Alston & Bird on

Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Mayer Brown

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

Mayer Brown on

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

McDermott Will & Emery

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more

A&O Shearman

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

A&O Shearman on

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

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

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

BCLP on

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

White & Case LLP

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

White & Case LLP on

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

A&O Shearman on

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...

White & Case LLP on

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 Commission publishes practical information for merging parties on how to seek guidance about Article 22 referral

White & Case LLP on

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

Dechert LLP

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

Dechert LLP on

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

McDermott Will & Emery

General Court Upholds European Commission’s Power to Review Illumina-Grail Despite Untriggered Turnover Thresholds

McDermott Will & Emery on

In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which...more

K&L Gates LLP

European Commission Streamlines Merger Control Review Process

K&L Gates LLP on

OVERVIEW - On 6 May 2022, the European Commission (Commission) published the draft revised Implementing Regulation (Draft Implementing Regulation) and the Notice on Simplified Procedure (Draft Notice) for the EU Merger...more

Hogan Lovells

Gun-jumping: The EU General Court calls the shots

Hogan Lovells on

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

Cooley LLP

Alert: New European Commission Referral Guidance Creates Uncertainty for Merging Parties

Cooley LLP on

The European Commission (EC) recently published new guidance on the application of the referral mechanism set out in Article 22, which permits the EC to review any transaction referred to it, even if the transaction does not...more

Hogan Lovells

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

Hogan Lovells on

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

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

White & Case LLP on

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

Morgan Lewis

EU General Court Annuls Commission Decision to Block UK Telecoms Merger

Morgan Lewis on

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

European Court of Justice upholds European Commission's €20 million 'double' fine for gun-jumping merger control clearance

Hogan Lovells on

Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both...more

White & Case LLP

Changing Roles: the CMA during the Transition Period and beyond

White & Case LLP on

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

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