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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
A&O Shearman

EU Foreign Subsidy Regulation: General Court refuses to suspend EC request for mailboxes located in China

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In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China....more

A&O Shearman

Your Data Act queries answered: the European Commission publishes FAQs

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On 6 September 2024, the European Commission published a set of frequently asked questions (FAQs) on Regulation (EU) 2023/2854 on Harmonised Rules on Fair Access to and Use of Data (the Data Act). More detail can be found in...more

Dechert LLP

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

Dechert LLP on

In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

WilmerHale

A Practitioner’s Perspective on Direct Effect of EU Law and Antitrust Law

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EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...more

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

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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

Proskauer Rose LLP

Regulation Round Up - August 2024 - 2

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

Goodwin

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

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To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

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On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

A&O Shearman

European Banking Authority Sets 2025 Priorities for Resolution Authorities and Reports on the Progress Achieved in 2023

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The European Banking Authority published its 2025 European Resolution Examination Programme report. The report sets three priorities for resolution authorities and banks for 2025 and looks at the progress achieved in 2023,...more

A&O Shearman

European Banking Authority Responds to European Commission's Delegated Act Postponing Application of Market Risk Framework

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The European Banking Authority has published a no-action letter in response to the European Commission's postponement of the application of the revised market risk framework, also known as the Fundamental Review of the...more

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

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The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

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

WilmerHale on

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

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – July/August 2024

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The "European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

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Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Latham & Watkins LLP

A Less Economic Approach? European Commission Consults on Draft Guidelines for Exclusionary Conduct

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The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

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With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

K&L Gates LLP

Brussels Regulatory Brief: Summer 2024

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Antitrust and Competition - The European Commission Opens an Investigation into Alleged Market Allocation and No-Poach Agreements in the Online Food Delivery Sector - On 23 July 2024, the Commission opened an antitrust...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

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On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

McDermott Will & Emery

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

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In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more

McGuireWoods LLP

European Competition Law Newsletter – September 2024

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European Commission Provides Guidance on Foreign Subsidies Regulation - Under the EU Foreign Subsidies Regulation (FSR), the European Commission (EC) has the power to investigate financial contributions granted by non-EU...more

Vinson & Elkins LLP

Overview of Policy Barriers to Recycling of Critical Raw Materials

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With the entering into force of the European Union’s (“EU”) Critical Raw Materials Act (“CRMA”), the memorandum of understanding between the EU and Serbia and the European Bank for Reconstruction and Development (“EBRD”) and...more

Foley & Lardner LLP

A Look at the Evolving Scope of Transatlantic AI Regulations

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There have been significant changes to the regulations surrounding artificial intelligence (AI) on a global scale. New measures from governments worldwide are coming online, including the United States (U.S.) government’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

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In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

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