News & Analysis as of

Merger Controls Proposed Legislation

White & Case LLP

Antitrust enforcement is on the rise in Africa

White & Case LLP on

Africa is undergoing significant changes in antitrust regimes throughout the continent. The regulatory landscape is shifting rapidly with countries either significantly amending their competition laws or proposing new laws...more

White & Case LLP

Merger reform exposure draft proposes broad competition law reform

White & Case LLP on

On July 24 2024, the Australian Federal Government released its long-awaited exposure draft legislation to amend Australia's current informal merger clearance process to a mandatory merger control regime (Exposure Draft)...more

Polsinelli

California’s AB 3129 Continues National Trend of Scrutinizing Private Equity Investments in the Health Care Industry

Polsinelli on

The California legislature is considering a bill that could severely impact the ability for private equity companies and hedge funds to operate in the California health care industry. AB 3129, introduced by Assembly Member...more

Epstein Becker & Green

Proposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care...

Epstein Becker & Green on

As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more

McDermott Will & Emery

Pending Oregon Law Undermines Traditional Physician Practice Structure

McDermott Will & Emery on

In an apparent attempt to shield physician practices from perceived abuses of close association with physician practice management (PPM) companies, a pending Oregon law could undermine a broad range of structures and...more

Stikeman Elliott LLP

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

Stikeman Elliott LLP on

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

Allen Matkins

California May Soon Require Notice To The Attorney General Before Buying Anything From A Retail Grocer!

Allen Matkins on

Last May, I wrote with some incredulity about AB 853 (Maienschein) which is ostensibly directed at mergers and acquisitions of grocery and drug stores.  The bill, however, appears to be progressing toward enactment.   As a...more

Gray Reed

IN THE NEWS: The Potential Overhaul of M&A – Senator Elizabeth Warren’s Prohibiting Anticompetitive Mergers Act

Gray Reed on

United States Senator Elizabeth Warren (D-Mass.) and United States Representative Mondaire Jones (D-N.Y.) on March 16, 2022 introduced the Prohibiting Anticompetitive Mergers Act (the “Act”) to ban what they’ve called “the...more

BCLP

Highly impactful - UK National Security & Investment Bill introduces mandatory Government review of a wide range of transactions

BCLP on

On 11 November, the UK Government introduced to Parliament the long-awaited National Security and Investment Bill. The Bill, which is expected to be enacted in Spring 2021, is a transformative event for investors in UK...more

Dechert LLP

Foreign Direct Investment (FDI) control in the United Kingdom

Dechert LLP on

The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Will Propose Merger Control Legislation for Foreign-Subsidized Companies’ Acquisitions in 2021

The European Commission’s (EC) June 2020 white paper proposing wide-ranging controls over foreign-subsidized companies’ access to Europe’s internal market has received fresh impetus. In a report issued earlier this month, the...more

Orrick - Antitrust Watch

Foreign subsidies: The European Commission goes extraterritorial

The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools...more

BCLP

New UK Government powers to scrutinise M&A deals on public health and national security grounds

BCLP on

On 21 June 2020, the UK Government announced that it is introducing emergency legislation that will bolster its powers to scrutinise, and potentially block, foreign takeovers on new public interest grounds, namely: ..to...more

McDermott Will & Emery

Antitrust M&A Snapshot - February 2020

McDermott Will & Emery on

Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter...more

McDermott Will & Emery

Investment control procedures: Further tightening to secure Germany's "technological sovereignty"

McDermott Will & Emery on

With a slight delay, the German Federal Ministry of Economics and Energy (BMWi) published its announced draft bill on 30 January 2020 regarding the amendment of the German Foreign Trade and Payments Act (AWG). In doing so,...more

Morgan Lewis

Draft Amendments To German Competition Law Published

Morgan Lewis on

The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in...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

Jones Day

Antitrust Bills Seek to Thwart Mega Mergers and Expand Antitrust Enforcement

Jones Day on

In Short - The Situation: Democrats have proposed legislation that would make it easier for antitrust agencies to challenge mergers. - The Background: This announcement followed a proposal made in August, known as the "Better...more

Akin Gump Strauss Hauer & Feld LLP

Senate Democrats Introduce “Better Deal” Antitrust Enforcement Legislation

As part of the effort to rebrand the party and reconnect with working-class voters who were lost in the presidential election, congressional Democrats revealed a new populist policy agenda, titled “A Better Deal: Better Jobs,...more

Jones Day

"Better Deal" Legislative Proposal Would Overhaul U.S. Antitrust Merger Review

Jones Day on

A number of Democrats in Congress have proposed to revamp U.S. antitrust law with a "Better Deal" economic plan. The proposed legislation takes aim at large corporations and includes measures that are at odds with decades of...more

BCLP

Germany to Introduce Wider Merger Control Regime to Catch Tech Start-Ups

BCLP on

On 28 September 2016, the German government proposed legislation to amend the Act Against Restraints of Competition (GWB) for the ninth time. Presuming that it will pass the further steps required, the proposed amendment is...more

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