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European Union › Threshold Requirements

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 -
Dechert LLP

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

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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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

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...

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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

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

Mayer Brown

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

Mayer Brown on

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

Wilson Sonsini Goodrich & Rosati

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

Wilson Sonsini Goodrich & Rosati on

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

Proskauer - Regulatory & Compliance

Countdown has begun for ESMA’s ESG Fund Name Guidelines

Proskauer - Regulatory & Compliance on

ESMA has translated their Guidelines on ESG-related fund names, which has started the clock for applicability. For information on the asset allocation thresholds and the exclusionary criteria, alongside the funds in scope and...more

Goodwin

Loan Origination Under AIFMD2: A Guide

Goodwin on

The revised Alternative Investment Fund Managers Directive (AIFMD2) introduces new requirements for funds managed by EU-based alternative investment fund managers (AIFMs) that originate loans. Most of the requirements...more

A&O Shearman

European Commission Report on Extension of Powers to Adopt Delegated Acts under MAR

A&O Shearman on

The European Commission has published a report, addressed to the European Parliament and the Council of the European Union, on the delegation of power to adopt delegated acts conferred on the Commission under the EU Market...more

A&O Shearman

Antitrust in focus - April 2024

A&O Shearman on

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

Littler

March 2024 UK Immigration Statement of Changes: What Employers Need to Know

Littler on

Introducing the latest UK Immigration Rules Statement of Changes, Legal Immigration Minister Tom Pursglove announced that they will “deliver the biggest ever cut to migration over the course of this year.”...more

White & Case LLP

Will the European Commission lose its ability to review below-threshold deals?

White & Case LLP on

In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

A&O Shearman on

Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

Paul Hastings LLP

Public Company Watch: February 2024

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In the February edition of our Public Company Watch, we cover key issues impacting public companies, including Exxon Mobil filing a complaint seeking a declaratory judgment to exclude a shareholder proposal from Arjuna...more

Ankura

An Introduction To The EU’s Artificial Intelligence Act

Ankura on

On December 8, 2023, European Union (EU) lawmakers reached an agreement on the EU’s AI Act.  The EU AI Act has many similar themes to the EU’s General Data Protection Regulation (GDPR) and reflects a big step forward in the...more

Akin Gump Strauss Hauer & Feld LLP

Three New UK Laws Impacting Autonomous Vehicles, Digital Markets and Personal Data

Akin Gump Strauss Hauer & Feld LLP on

On 7 November 2023, in the King’s Speech, the UK government announced three draft laws aimed at supporting tech companies’ growth and competitiveness: the Automated Vehicles Bill (AV Bill), the Digital Markets, Competition...more

A&O Shearman

The General Authority for Competition in Saudi Arabia introduces new merger control thresholds

A&O Shearman on

A merger filing will be required if each of the following thresholds are met: The new thresholds mark a significant change from the previous thresholds, which required only that the combined annual worldwide turnover of all...more

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

WilmerHale on

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

White & Case LLP

Catching below-threshold mergers in the EU

White & Case LLP on

In July 2022, the EC received from the GC in Illumina/Grail an important endorsement of its recent change in the Article 22 referral policy....more

Skadden, Arps, Slate, Meagher & Flom LLP

France Extends Interim Rule on Foreign Direct Investments

Skadden, Arps, Slate, Meagher & Flom LLP on

On 23 December 2022, the French government issued decree number 2022-1622, which extended to 31 December 2023 the interim rule, in effect for two years now, that lowered the threshold that triggers foreign investment review...more

Dorsey & Whitney LLP

Year-End Omnibus Bill Includes First HSR Filing Fee Increases in More Than Twenty Years, Larger Agency Budgets, and New Foreign...

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On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023 (“Omnibus Bill”). The “Merger Filing Fee Modernization Act of 2022” substantially changes the filing fee schedule (with...more

Orrick - Antitrust Watch

Illumina vs European Commission: the EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the...

Orrick - Antitrust Watch on

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert...more

White & Case LLP

Key Developments in Kuwait Merger Control: New Turnover Threshold Requirements

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The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait's Competition Protection Agency has started to apply the...more

White & Case LLP

German and Austrian competition authorities publish updated joint guidance on transaction value thresholds

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The German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde have updated their joint guidance on the application of their respective transaction value thresholds for mandatory merger notifications (the "Guidelines")...more

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