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Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

UK, EU, and US release joint statement on competition in generative AI foundation models and AI products

On July 23, the European Commission, US Department of Justice, US Federal Trade Commission, and UK Competition and Markets Authority released a joint statement setting out shared principles on competition in markets that...more

Amid Expected Political Change in the UK, the CMA Will Likely Maintain Course

Britons will vote in Parliamentary elections on July 4 for the first time since 2019. The governing Conservative Party is expected to lose its majority and cede power to the opposing Labour Party for the first time in 14...more

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

The EU Updates the Way It Defines Markets

On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

2023 EU Merger Control Highlights and Looking to 2024

2023 saw some very significant decisions, investigations, court judgments and legislative developments in European Union merger control.eu ...more

Unprecedented European Commission Order to Unwind an Acquisition

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

The European Commission’s Unprecedented Prohibition of an Acquisition Based on “Ecosystem Concerns”

On September 25, 2023, the European Commission (EC) blocked the proposed acquisition by Booking Holdings, Inc. of Flugo Group Holdings AB (eTraveli). This is the EC’s first prohibition of a transaction this year and its...more

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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

EC Issues Revised Guidelines on Agreements Between Competitors: 10 Key Takeaways

On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more

UK’s Digital Markets, Competition and Consumers Bill: Increased Oversight Especially for Digital Companies

On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (“Bill”). Before the Bill becomes law, both Houses of Parliament will need to approve it and amendments are likely....more

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

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

EU Foreign Subsidies Regulation: Publication of Draft Implementing Rules

On February 6, 2023, the European Commission (EC) published a draft Implementing Regulation (the Implementing Regulation) setting out rules and procedures for the application of the Foreign Subsidies Regulation (FSR)....more

The European Court of Justice Clarifies the Scope of Legal Professional Privilege Under EU Law

On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...more

Final Adoption of the EU's Foreign Subsidies Regulation

On November 28, 2022, the Council of the European Union (Council) gave its final approval to the proposed Regulation on Foreign Subsidies (Regulation), concluding seven months of negotiations with the EU Parliament. Under...more

A New UK Subsidy Control System

Following its exit from the European Union, the United Kingdom (UK) is no longer bound by the EU’s rules governing public subsidies. At the end of April 2022, the UK Parliament passed the Subsidy Control Act 2022, which sets...more

Brexit - Competition Law in the UK During the Transition Period and After

The United Kingdom (UK) left the European Union (EU) on 31 January 2020. Since then, under the EU-UK Withdrawal Agreement, a transition period has been in force, in principle until 1 January 2021. During this period most EU...more

COVID-19: EU Temporary Antitrust Framework For Essential Cooperation

On April 8, 2020 the European Commission (the ‘EC’) published a temporary antitrust framework for assessing business cooperation to ensure the supply of “essential scarce products and services” during the COVID-19 outbreak...more

COVID-19: A summary of recent European antitrust action on related business conduct

The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued...more

UK Competition Law Enforcement Merger Control and Brexit: What to Expect in a Deal-Based and No-Deal Brexit

The UK is scheduled to leave the EU in less than two months. It is unclear whether this will happen under the terms of a deal negotiated with the EU (a “deal-based” Brexit) or without a deal (“no-deal” Brexit). Under a...more

8-in-8 Recent Trends in European Law and Policy Alert Series Update on EU Clearance for M&A Deals

Obtaining the European Commission’s (EC’s) approval for a merger or acquisition sometimes can be a time-consuming and costly procedure. This latest issue of WilmerHale’s 8-in-8 alert series on European Law and Policy examines...more

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

EU and US laws prohibit merging companies from implementing reportable transactions until their deal is cleared or the statutory waiting period has expired. Violations of this principle are colloquially known as “gun-jumping”...more

EU Merger Control 2017: Competition in Innovation; EC Prohibiting Deals; Fines for Procedural Infringements; and EU Courts...

2017 saw some highly significant investigations and court judgments in European Union merger control. Notably: ..After detailed investigations and subject to extensive divestments, the European Commission (“EC”) cleared...more

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