News & Analysis as of

Merger Controls Acquisition Agreements European Union

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

Jones Day on

The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Jones Day

The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

Jones Day on

The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

Mayer Brown

Reform of the EU Foreign Direct Investment Screening Regulation – How might M&A Transactions be impacted?

Mayer Brown on

On 24 January 2024, the European Commission (“Commission”) unveiled its proposals to reform the current EU Foreign Direct Investment Screening Regulation 2019/452 (“FDI Screening Regulation”). This forms part of a wider...more

Cadwalader, Wickersham & Taft LLP

European Commission’s Revised Guidance on Market Definition Will Make It Easier to Allege Mergers Will “Significantly Impede...

The European Commission’s (“Commission”) substantially revised Market Definition Notice (“Revised Notice”) will make it significantly easier for it to allege that mergers and other transactions (“mergers”) are likely to...more

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

A&O Shearman on

Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

WilmerHale

From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime

WilmerHale on

The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening...more

Hogan Lovells

Acquisition of businesses in financial difficulty as a result of COVID-19: Do buyers still need to wait for prior...

Hogan Lovells on

In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict...more

BCLP

EU & Competition Law Update – September 2017

BCLP on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. ...more

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