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"European Commission Issues Merger Reform White Paper Regarding Minority Shareholdings and Member State Referrals"

On July 9, 2014, the European Commission published its proposal (White Paper) outlining the approach it intends to adopt with respect to the application of the EU Merger Regulation (EUMR) to the acquisition of minority...more

Doing Business in Canada: Foreign Investment & Mergers

INVESTMENT CANADA ACT - Non-Canadians who acquire control of an existing Canadian business or who wish to establish a new unrelated Canadian business are subject to the federal Investment Canada Act (ICA). In either...more

China’s MOFCOM Blocks P3 Alliance

On June 17, 2014, China’s Ministry of Commerce (MOFCOM) issued a decision blocking the formation of a strategic alliance between three of the world’s largest ocean container shipping companies, A.P. Møller - Maersk A/S, MSC...more

Chinese antitrust regulator prohibits P3 shipping alliance

China's antitrust regulator Anti-monopoly Bureau at Ministry of Commerce ("MOFCOM") published its decision on 17 June 2014 to prohibit the container shipping companies alliance between Maersk Line, Mediterranean Shipping...more

A new test for Mexico’s structural changes: antitrust reform – key points in one chart

Mexico’s President Enrique Peña Nieto has signed a bill formalizing the implementation of important amendments to the Mexican Constitution that primarily cover telecommunications, media and antitrust....more

Ringing Regulatory Rumors: Deutsche Telekom Purportedly Agrees to Sell T-Mobile US

Reports circulated out of Japan and Germany late last week indicating Deutsche Telekom AG, owner of T-Mobile US Inc., reached a tentative agreement to sell T-Mobile to Softbank, owner of Sprint Corp. The potential merger of...more

Omnicom/Publicis: Lessons in How to Keep Merger Clearance Traps From Derailing Your Deal

Advertising giants Omnicom Group and Publicis Groupe called off their US$35 billion merger on May 8, 2014, terminating a transaction that would have created the largest advertising company in the world. Publicis...more

International Merger Control: A review of major developments in China, Africa and elsewhere in 2013

As in every other recent year, during 2013 competition authorities in numerous jurisdictions continued their innovation, and enforcement of existing and new merger control regimes. As companies engaged in cross-border M&A try...more

Another Small Step Forward: China Further Clarifies its Notification Procedure for Simple M&A Transactions

Earlier this year, China’s Ministry of Commerce (“MOFCOM”) implemented new regulations under the Anti-Monopoly Law (“AML”) enabling “simple” M&A and joint venture transactions to be eligible for a potentially shorter and less...more

"China Merger Control: New Carrots and a Bigger Stick"

China has recently taken two important steps to improve its merger control process: providing additional guidance on its new simplified merger procedures while promising publication of decisions penalizing firms for closing...more

MOFCOM Strengthens Merger Control Law Enforcement

On March 20, 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a press release announcing that, as of May 1, 2014, MOFCOM will make public on its website all decisions resulting in a finding...more

Antitrust Matters - April 2014 (Global)

Welcome to the second issue of our global competition and antitrust law newsletter Antitrust Matters. The importance and shifting nature of antitrust problems facing companies and individuals is by its nature, a work in...more

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

MOFCOM Shows Teeth Against Gun Jumping

On 20 March 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a notice announcing that it will make public decisions sanctioning companies failing to notify mergers that meet the filing...more

Ukrainian Merger Control Update: Will the Recent Upheaval Cause Problems for Global Deals?

Parties required to file premerger notification in Ukraine should coordinate closely with authorities and plan additional time for the review process in light of recent political events. I anticipate that recent political...more

New Federal Antitrust Law Bill

On February 19, 2014, the Federal Executive Branch of Mexico submitted to the House of Representatives a bill to issue a new Federal Antitrust Law (Ley Federal de Competencia Económica) (the “Bill”) which, if approved, will...more

China Conditionally Approves Thermo Fisher/Life Technologies Merger: MOFCOM Continues to March to Its Own Drumbeat

The January 2014 conditional clearance decision by the Chinese competition authorities regarding the acquisition by Thermo Fisher Scientific Inc. (“Thermo Fisher”) of Life Technologies Corporation illustrates some of the key...more

MOFCOM Publishes Criteria For A Simplified Merger Review

On 11 February 2014, China's merger review regulator, Antimonopoly Bureau at the Ministry of Commerce ("MOFCOM"), published criteria for a simplified merger review, the Interim Rules on Application Criteria of a Simplified...more

China’s Simplified Merger Review Program May Significantly Reduce Wait Times For Certain Global Transactions

MOFCOM announces simplified merger-review program that could accelerate antitrust clearance from Chinese authorities for many transactions. MOFCOM estimates as many as 60% of notified transactions will qualify and receive...more

Antitrust Matters - February 2014

Dearest Reader, Welcome to the first issue of our global competition law newsletter, “Antitrust Matters”. It covers antitrust developments from around the world! Antitrust matters indeed. Legally, financially,...more

Antitrust and Competition Newsletter - February 2014

U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act - On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae...more

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

US: Agencies Continue Aggressive Enforcement - Despite changes in leadership at the U.S. Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the Agencies) in 2013, the...more

"The Year in Review – Antitrust and Competition Enforcement in China in 2013"

Over the last two years, China has emerged as one of the most significant jurisdictions worldwide for antitrust and competition matters. Now more than ever, firms doing business in China or participating in major transactions...more

Simplifying EU merger control procedures for simple cases

Highlights: - Higher market share thresholds are expected to increase the number of cases benefiting from the simplified procedure by approximately 10%. - Joint ventures with no activities in the EEA qualify for...more

"Changes to EU Merger Review Procedures"

The European Commission (Commission) has adopted important revisions to its merger control procedures under what it characterizes as a Merger Simplification Package that will enter into force on January 1, 2014. The new rules...more

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