News & Analysis as of

Member State Mergers European Commission

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

Latham & Watkins LLP on

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

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

White & Case LLP on

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

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

K&L Gates LLP

Brussels Regulatory Brief: May 2024

K&L Gates LLP on

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust in Life Sciences: A Dialogue With Anna Vernet

On March 26, 2024, Skadden hosted a discussion on key developments in antitrust enforcement in the pharmaceuticals and life sciences sectors. ...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

A&O Shearman on

Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...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

K&L Gates LLP

Brussels Regulatory Brief: October 2023

K&L Gates LLP on

Antitrust and Competition - European Commission Prohibits US$1.7 Billion Merger in Online Travel Agency Sector - On 25 September 2023, the European Commission (Commission) prohibited, under Council Regulation (EC) No 139/2004...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

WilmerHale on

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

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

The entry into force of the Digital Markets Act kicks off new era of digital regulation in Europe

Dechert LLP on

On 12 October the Digital Markets Act (DMA)1  was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more

WilmerHale

European Commission Blocks Illumina/GRAIL a week after FTC’s Administrative Law Judge Rejects FTC’s Challenge

WilmerHale on

The last week has seen crucial developments at the European Commission (EC) and U.S. Federal Trade Commission (FTC) regarding the antitrust review of the $7.1 billion proposed acquisition by Illumina (the leading supplier of...more

Morrison & Foerster LLP

EU General Court Backs the European Commission’s Right to Review Non-Reportable Deals

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 following a referral request...more

McDermott Will & Emery

General Court Upholds European Commission’s Power to Review Illumina-Grail

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

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

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

A&O Shearman

General Court Decision in Illumina / Grail Vindicates Commission’s Article 22 Referral Policy

A&O Shearman on

Quick Read - - The EU’s jurisdiction to review mergers is no longer linked to notification. This is a big change and sharply reduces parties’ ability to predict antitrust hurdles to closing based on notification thresholds. ...more

Morrison & Foerster LLP

The EU Digital Markets Act – The Holy Grail of Big Tech Regulation?

On July 18, 2022, the European Council formally adopted the “Regulation on contestable and fair markets in the digital sector”, also referred to as the “Digital Markets Act” or “DMA”. This marks the final step for this new...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

European Union Creates Level Playing Field for EU and Non-EU Companies Having Received Foreign Subsidies

K&L Gates LLP on

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

Orrick - Antitrust Watch

EU Foreign Subsidies Regulation Likely in Force in 2023

Following a trend towards protectionism that seems quite fashionable in many jurisdictions globally those days, the European Commission proposed, on 5 May 2021, a regulation on foreign subsidies distorting the internal market...more

55 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide