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
The Background: The Australian Federal Treasurer recently announced sweeping reforms to Australia's merger review regime. These reforms will overhaul the current merger review regime in Australia to introduce mandatory filing...more
China doubled its merger notification thresholds effective on January 26, 2024.
China's State Council recently published new merger control notification thresholds doubling the previous China revenue thresholds in an...more
In Short -
The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
Background -
Recent supply disruptions in the semiconductor industry have highlighted the dependence of many global economies, including the EU, on imported chips manufactured in Asia....more
3/8/2022
/ Business Disruption ,
Competition ,
Coronavirus/COVID-19 ,
Domestic Industry Requirement ,
Economic Development ,
EU ,
European Commission ,
Global Economy ,
Imports ,
Infectious Diseases ,
Infrastructure ,
Innovative Technology ,
Manufacturing Facilities ,
Microchip Technology ,
Public Funds ,
Semiconductors ,
Supply Chain ,
Supply Shortages
The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more
1/27/2022
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
Intel ,
Technology Sector
The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field...more
The European Commission would gain extensive new powers to counteract alleged distortive effects of foreign subsidies in the EU Single Market—combining elements from EU rules on state aid, trade defence, merger control, and...more
The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more
The European Commission recently launched two consultations that would expand its investigative powers and establish regulations for digital platforms. The Commission intends to close perceived gaps in its authority to remedy...more
The Situation: On December 18, 2018, the European Union published its European Electronic Communication Code ("Code").
The Result: The Code overhauls the current legislative framework for telecommunications with the aim of...more
The Development: The European Commission ("Commission") issued a preliminary finding that ZSSK, Slovakia's state-owned railway, obstructed a dawn raid ("inspection") and infringed its obligation to comply with...more
This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide.
Over the past few years,...more
8/15/2018
/ Acquisitions ,
Canada ,
China ,
Competition Authorities ,
Corporate Counsel ,
Cross-Border ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Hart-Scott-Rodino Act ,
Italy ,
Merger Controls ,
Mergers ,
MOFCOM ,
Size of Transaction Test ,
Threshold Requirements ,
UK
The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more
9/21/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Burden of Proof ,
Competition Authorities ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Intel ,
Rebates ,
Treaty on the Functioning of the European Union (TFEU)
September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more
9/11/2017
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Customer-Loyalty Programs ,
European Commission ,
European Court of Justice (ECJ) ,
Exclusive Dealing Agreements ,
Intel ,
Pricing ,
Rebates ,
Set-Asides ,
Standard of Review
The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more
6/24/2017
/ Administrative Agencies ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Cartels ,
Confidential Information ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Evidence ,
Government Investigations ,
Information Sharing ,
Italy ,
Popular ,
Tax Fraud
The United Kingdom and the remaining European Union Member States ("EU-27") will negotiate the terms of the UK's withdrawal—and likely its future relationship with the EU—over the course of the next two years. European...more
3/30/2017
/ Article 50 Treaty of the EU ,
Budgets ,
Employee Benefits ,
EU ,
EU Single Market ,
Free Trade Agreements ,
Immigration Reform ,
Jurisdiction ,
Member State ,
Referendums ,
The Great Repeal Bill ,
UK ,
UK Brexit ,
Unified Patent Court ,
WTO