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Law School Toolbox Podcast Episode 263: Listen and Learn -- Subject Matter Jurisdiction
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The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow...more
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
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
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
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
Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more
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
During TransPerfect Legal’s third annual Antitrust Clearance and Merger Enforcement conference, a panel of leading antitrust attorneys shared their strategies for overcoming the challenges presented by multijurisdictional...more
The UK's departure from the EU on 31 January has initiated an 11 month transition period, during which the application of EU competition law in the UK will remain largely unchanged. Thus the EU rules governing mergers will...more
What does the UK’s exit from the EU on 31 January mean for parties’ deal planning? Key Points: ..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more
The UK is scheduled to leave the EU in less than two months. It is unclear whether this will happen under the terms of a deal negotiated with the EU (a “deal-based” Brexit) or without a deal (“no-deal” Brexit). Under a...more
As the UK Competition and Markets Authority (CMA) prepares to assume sole jurisdiction for UK competition reviews post-Brexit, M&A deal teams must evaluate the competitive consequences of deals bridging the Brexit period and...more
As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more
Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more