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 Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more
To minimize antitrust risk, dual distribution requires caution in coordination between a supplier and retailers.
The UK's Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to...more
In Short -
The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and...more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more
The foreign subsidies regulation ("FSR") requires prenotification of certain large M&A transactions and public bids involving companies that receive subsidies from governments outside the European Union ("EU")....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
Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain.
EU antitrust law prohibits certain...more
5/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
European Commission ,
Goods or Services ,
New Guidance ,
Regulatory Reform ,
Safe Harbors ,
Supply Chain ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
This Jones Day Global Merger Control Update highlights significant changes in merger control regimes in 2020. In this Update, we review: (i) changes in Australia, Belgium, Botswana, Bulgaria, Ecuador, France, Germany,...more
2/1/2021
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Merger Controls ,
Mergers ,
New Rules ,
Notification Requirements ,
Public Comment ,
Rulemaking Process ,
Vertical Mergers
The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany.
The...more
9/13/2019
/ Attorney-Client Privilege ,
Compliance Management Systems ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Investigations ,
Criminal Liability ,
Germany ,
Internal Investigations ,
Law Enforcement ,
Ministry of Justice ,
Risk Mitigation ,
Sanctions ,
White Collar Crimes
This Jones Day Global Merger Control Update examines recent developments in merger control regimes, as well as anticipated changes to those regimes worldwide.
Merger control enforcement has continued to surge around the...more
4/19/2019
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Investigations ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Global Market ,
Hart-Scott-Rodino Act ,
Joint Venture ,
Merger Controls ,
Mergers ,
Size of Transaction Test ,
Threshold Requirements
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 Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a...more
2/23/2018
/ Abuse of Dominance ,
Acquisitions ,
Bargaining Power ,
Cherry Picking ,
Federal Cartel Offices ,
Foreign Acquisitions ,
German Supreme Court ,
Germany ,
Reimbursements ,
Suppliers ,
Unfair or Deceptive Trade Practices
This is the latest Jones Day Global Merger Control Update, which discusses recent developments in current merger regimes, as well as the emergence of new merger control regimes worldwide.
Over the past few years, merger...more
12/6/2017
/ Anti-Monopoly ,
Antitrust Provisions ,
Argentina ,
Competition Authorities ,
Corporate Governance ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Corporations ,
Italy ,
Merger Controls ,
South Africa ,
South Korea ,
Tanzania ,
Threshold Requirements
The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more
This is the quarterly Jones Day Global Merger Control Update, which will discuss recent developments in existing regimes and the emergence of new merger control regimes worldwide.
In recent years, there has been a surge...more
5/31/2017
/ Acquisitions ,
Antitrust Provisions ,
Austria ,
Chile ,
Cross-Border Transactions ,
Germany ,
Hungary ,
India ,
Merger Controls ,
Mergers ,
Philippines ,
Risk Assessment ,
Threshold Requirements ,
Ukraine
The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more
5/3/2017
/ Amended Rules ,
Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Damages ,
Direct Purchasers ,
EU Damages Directive ,
Evidence ,
Germany ,
Indirect Purchasers ,
Joint and Several Liability ,
Merger Controls ,
Private Right of Action ,
Size of Transaction Test ,
Statute of Limitations