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Member State Merger Controls Mergers

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...

WilmerHale on

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

BCLP

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

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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

Wilson Sonsini Goodrich & Rosati

Fact Sheet on the EU Foreign Subsidies Regulation

The EU’s Foreign Subsidies Regulation (FSR) gives the European Commission (EC) broad powers to control subsidies from non-EU countries, complementing the EU’s longstanding state aid regime that deals with subsidies from EU...more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

WilmerHale on

On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...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

American Conference Institute (ACI)

[Event] 4th European Forum on FDI Reviews and CFIUS - June 7th - 8th, London, United Kingdom

Hosted by C5, the 4th European Forum on FDI Reviews and CFIUS returns for another exciting year with curated programming that will help you navigate emerging complex National Security Reviews across the UK and EU....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

McDermott Will & Emery

EU Foreign Subsidies Regulation to Impact EU and Cross-Border M&A Antitrust Review Starting in 2023

On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation)....more

BCLP

Illumina v European Commission: the General Court’s judgment marks the end of the principle of legal certainty in merger control

BCLP on

On the 13 July 2022, the General Court upheld the European Commission’s decision to accept a referral from Member States under Article 22 of the EU Regulation n°139/2004 on merger control (“EUMR”) to review a deal that fell...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU To Step Up Enforcement Against Foreign State-Backed Companies

If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on....more

K&L Gates LLP

Brussels Regulatory Brief: April 2021

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ANTITRUST AND COMPETITION - The Commission’s New Guidance Creates Legal Uncertainty for Merger Control in the EU - On 26 March 2021, the Commission published a new Guidance on the application of the EU upward case referral...more

Wilson Sonsini Goodrich & Rosati

European Commission Publishes Guidance Paper on Member State Referrals for Merger Review Even Where National or EU Thresholds Are...

The European Commission (EC) has published new guidance on the application of Article 22 of the European Merger Regulation (EUMR) which will allow for the EC and Member States to refer transactions that do not meet existing...more

Latham & Watkins LLP

New Guidance on Article 22 EUMR Referrals to the European Commission

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The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more

WilmerHale

Up Next, More “Killer Acquisition” Reviews at the EU? - New policy to catch transactions that may create competition concerns,...

WilmerHale on

On March 26, 2021, the European Commission (EC) published the findings of its recent evaluation of procedural and jurisdictional aspects of European Union (EU) merger control. The key result is a change in the EC’s policy...more

WilmerHale

New Antitrust Rules for the Digital Economy: German “Digitalization Act” Nears the Finish Line

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Europe’s first legislative proposal addressing the digital economy and related competition issues is one step closer to becoming a reality: In September 2020, the German government approved the highly anticipated 10th...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - European Union

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In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more

Latham & Watkins LLP

Article 22 EU Merger Referrals

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The European Commission (EC) has announced that - from mid-2021 - it will start accepting referrals of transactions from EU national competition authorities (NCAs) that fall below the national merger control thresholds. To be...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcement Centers on Technology Industry

Antitrust enforcers in the United States and European Union (EU) remained active in 2019, and recent developments at the Department of Justice (DOJ), Federal Trade Commission (FTC), state attorneys general (AG) offices and EU...more

BCLP

The Year Ahead in EU Merger Control: Five Key Trends to Watch

BCLP on

The dawn of a new year provides a great opportunity to take stock of where EU merger control might go in the next year. In this blog, we outline what we consider to be five key trends to watch out for in EU merger control in...more

Latham & Watkins LLP

Corporates Must Evaluate M&A Competition Strategy Ahead of Brexit

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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

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

Foreign Investment in France: Strengthening Control and Extending Strategic Sectors Under PACTE Law and New Decree

Jones Day on

The Situation: In the context of strengthening the control of foreign investments, particularly at the European level, the French Parliament intends to deepen control procedures and broaden the scope of authorization of...more

A&O Shearman

European Commission proposes common approach to foreign direct investment screening

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European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination...more

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