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Merger Controls Merger Reviews

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...

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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

Bennett Jones LLP

Revamped Competition Act Radically Alters Canadian Competition Law

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In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into...more

BCLP

Faster, Stronger, and Simpler? Australia’s New Merger Control Regime

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On 10 April 2024, Australia’s Federal Government announced far-reaching reforms to its merger control regime, most notably the introduction of a new single, mandatory and suspensory, merger control system. The reform package...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

Bennett Jones LLP

Federal Government to Significantly Overhaul the Competition Act

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Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills...more

Epstein Becker & Green

FTC Chairwoman Defends Agency’s Enforcement Record

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Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....more

TransPerfect Legal

Key Considerations for Managing Multijurisdictional Merger Review Proceedings

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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

Manatt, Phelps & Phillips, LLP

Hospital Acquisitions in Louisiana Avoid FTC Review, for Now

More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled...more

Stikeman Elliott LLP

Government-Ordered Market Studies and Less Efficiencies: Canadian Government Introduces Amendments to the Competition Act

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The Canadian government has proposed giving the Minister of Innovation, Science and Industry the ability to direct the Competition Bureau to conduct market studies with the ability to compel production of related documents...more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

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The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Ballard Spahr LLP

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market

Ballard Spahr LLP on

Summary - The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more

McDermott Will & Emery

[Webinar] What You Need to Know About the Revised Merger Guidelines - July 26th, 12:30 pm - 1:30 pm EDT

McDermott Will & Emery on

The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more

Eversheds Sutherland (US) LLP

FTC and DOJ propose substantial changes to Hart-Scott-Rodino Notification Form for first time in its history

On June 27, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ, and together with the FTC, the Agencies) announced proposed changes to the premerger notification filing...more

A&O Shearman

FTC and DOJ Propose Significant, Burdensome Changes to HSR Form for U.S. Merger Review

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On June 27, 2023, the FTC announced a notice of proposed amendments to the premerger filing requirements under the Hart-Scott-Rodino (HSR) Act....more

BCLP

U.S. antitrust agencies propose major changes to pre-merger review process

BCLP on

On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more

A&O Shearman

European Commission streamlines merger review process

A&O Shearman on

The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more

WilmerHale

Keeping It Simple? EC Adopts Package to “Simplify” Merger Review

WilmerHale on

On 20 April 2023, the European Commission (EC) adopted a package of measures to “simplify” its merger control procedures. The reform expands the scope of the EU’s simplified merger control procedure, introduces a new...more

A&O Shearman

New Implementing Regulations of China’s Anti-Monopoly Law: Highlights and Implications

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Following last year’s significant amendments to the PRC Anti-Monopoly Law (2022 AML) the State Administration for Market Regulation (SAMR) has published final versions of the accompanying implementing regulations. Taking...more

Stikeman Elliott LLP

Despite High Inflation, Canadian Government Holds Merger Review Threshold Steady

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For the second year in a row the Canadian government has maintained the transaction-size threshold for pre-merger notification at $93 million. The Minister cited the need to fully scrutinize potentially harmful deals and the...more

Shook, Hardy & Bacon L.L.P.

The New Antitrust, 2022-2023

Antitrust is in the news. Old cartoons showing octopus-monopolist tentacles destroying Washington are no longer just for American history textbooks. Lina Khan—who rose to prominence with an article attacking the Chicago...more

TransPerfect Legal

Modern Considerations in Merger Reviews

TransPerfect Legal on

On September 21, 2022, TransPerfect Legal Solutions hosted its second annual Antitrust Clearance & Merger Enforcement Conference in Washington, DC. Industry experts discussed a range of topics including substantive...more

Stikeman Elliott LLP

Competition Tribunal Issues Second Merger Challenge Decision Since Modernization of Competition Act

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On October 31, 2022, the Competition Tribunal issued its long-awaited – and indeed nearly forgotten – decision in Canada (Commissioner of Competition) v. Parrish & Heimbecker, Limited....more

Hogan Lovells

SAMR delegates merger review powers

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Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation. That...more

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