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European Union › Mergers

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 -
Proskauer Rose LLP

Private Credit Deep Dives – Portability (Europe)

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One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...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

White & Case LLP

France sets its sights on becoming Europe’s PE leader

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Governmental pressure and an improving macroeconomic outlook could see French buyout activity gaining on the UK French private equity activity posted an impressive deal value in the first half of 2024 despite political and...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

White & Case LLP

2024 Summer review – M&A legal and market developments

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We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Our Summer review looks at these developments and gives practical guidance...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”

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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...

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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

White & Case LLP

Warranties and indemnities insurance take center stage in M&A transactions in Africa

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In most M&A transactions, after the parties have negotiated the basic commercial terms, they then negotiate the warranties and indemnities (W&I). Generally, buyers want the anticipated value of their purchase without any...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

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

White & Case LLP

High yield issuance climbs, but markets still seek direction

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High yield activity in the US, Europe and APAC revives after a tricky period, but markets remain uncertain moving into the final months of 2024 High yield bond issuance across the US, Europe and APAC rallied in H1 2024....more

White & Case LLP

South Africa M&A regulation: Adapting to change

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A peaceful election and slowing inflation have put M&A markets in South Africa in a more advantageous position. However, taking advantage of South African deal opportunities requires a clear understanding of a rapidly...more

Foley & Lardner LLP

An M&A Rebound?

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We have all been waiting, some of us not very patiently, for a recovery in M&A activity, and Q2 2024 data is showing some green shoots of optimism. PitchBook has released its Global M&A Report for Q2 of this year, and there...more

Dechert LLP

DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

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The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

White & Case LLP

The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

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The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q2 2024

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UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

Skadden, Arps, Slate, Meagher & Flom LLP

New UK Listing Rules Come Into Force

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On 29 July 2024, the new UK Listing Rules came into force. The new rules institute a simpler, more flexible, disclosure-based listing regime and are designed to place London on a competitive footing with other major...more

Faegre Drinker Biddle & Reath LLP

New UK Consumer Laws on Fake Reviews, Subscription Contracts and Drip Pricing: Impact on US Businesses

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In May of this year, the UK Government passed the Digital Markets, Competition and Consumers Act (DMCC) into law. The DMCC is wide-ranging and covers three key areas: consumer law, digital markets, and merger and antitrust...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – May/June 2024

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The firm is pleased to publish the May/June 2024 edition of the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe from the past two months into concise and actionable...more

McGuireWoods LLP

European Competition Law Newsletter – July 2024

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European Commission Imposes Fine for Deletion of WhatsApp Messages During Dawn Raid - One of the basic lessons taught during competition law compliance training is that companies should never obstruct a dawn raid carried...more

A&O Shearman

Antitrust in focus - April 2024

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Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2024

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Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more

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